NAME : Roy Njoroge Boro

REG. NUMBER : HDC223-0368/2019

COURSE : BSc. Public Management and Development

UNIT CODE : HDS 2102: Ethics and Development

LECTURER : Prof. Lawrence Njoroge

ASSIGNMENT : Looking at the Kenya constitution 2010

1. Identify the parts that deal with ethics

2. Link the parts/sections with sources
3. Discuss and state reasons why you are linking the source or
section
4. Connect what type of ethic/morality
5. Justify in 500 – 600 words

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 INTRODUCTION

The Constitution of Kenya 2010 provides, under Chapter 6, for leadership and integrity of all
Public officers. The Chapter is predicated upon the assumption that state officers are the nerve
Centre of the Republic and carry the highest level of responsibility in the management of state
affairs therefore their conduct should be beyond reproach. They should carry themselves with
integrity which refers to soundness of moral principle and character, exhibited when dealing with
others in making performance contracts and fidelity and honesty in the discharge of trusts.

CHAPTER SIX-LEADERSHIP AND INTEGRITY

Article 73 Responsibilities of Leadership. Entails authority granted to state officers is vested in

them as trustees for the public. This basically means that all authority assigned to them should be
about services to the people other than the power to rule them. State officers must exercise power
in accordance with principles of leadership and transparency which include: personal integrity
competence objectivity, accountability, impartiality, selflessness among others.

Link between the Article and the source

The source of this morality is society. This is because authority is granted to state officers by the
public which is a source around them.

Type of Ethic or morality

The type of ethics is descriptive ethics because there is no value judgement which have been laid
for a given individual when he or she fails to exercise the above regulation expected by the
public.

Article 74 Oath of office of State officers. In exercise of the authority conferred upon state
officers it is now a requirement that all state officers take oath before assumption of office. The
constitution has actually prescribed the form of oath to be taken by all state officers at all organs
including the president, contained in the third schedule.

Link between the Article and the source

The source of this morality is religion. This is because the oath of office relies on a source from
above to ensure that the individual maintains high standards of integrity.

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Type of Ethic or morality

The type of ethics is descriptive ethics because there is no value judgement which have been laid
for a given individual when he or she fails to exercise the above regulation expected by the state
office.

Article 75 Conduct of State officers. Regulates how state officers carry on their duties in all their
capacities. The article further requires state officers conduct themselves in manners that protect
public interest. They hence avoid any conflict of interest in both their personal and public lives to
uphold public interest and avoid any manner of degradation of the office they hold.

Link between the Article and the source

The source of this morality is society. This is because the public officer is required to conduct
himself or herself in a manner to protect public interest.

Type of Ethic or morality

The type of ethics is descriptive ethics because there is no value judgement which have been laid
for a given individual when he or she fails to exercise the above regulation expected by the state
office.

Article 76 Financial probity of State officers. Under the article state officers are not allowed to
take personal donations or gifts and are also not allowed to maintain bank accounts outside
Kenya. This is to curtail levels of corruption and money laundering among public officers and
the offices they hold.

Link between the Article and the source

The source of this morality is society. This is because State officers are supposed to curtail
corruption and maintain high standards of integrity for the benefits of the people around us (the
society).

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Type of Ethic or morality

The type of ethics is prescriptive ethics because there is value judgement which have been laid
for a given individual when he or she fails to exercise the above regulation expected by the state
office.

Article 77. Restriction of activities of State officers. Further restricts state officers from holding
political office positions and also engaging in gainful employment besides their current public
offices. This in essence is meant to curtail the abuse of office and instances of corruption that
have over the years been the norm of public sector.

Link between the Article and the source

The source of this morality is society. This is because the public sector provides service to the
people around us who determine the restriction of activities of State Officers.

Type of Ethic or morality

The type of ethics is prescriptive ethics because there is value judgement which have been laid
for a given individual when he or she fails to exercise the above regulation expected by the
public.

Article 78 Citizenship and Leadership. A person is not eligible for election or appointment to
state office unless the person is a citizen of Kenya. Any person who has been made a citizen of
another country by operation of that country’s law without ability to opt out.

Link between the Article and the source

The source of this morality is society. This is because election or appointment to state office is
an issue concerning the citizens of a country whose basic unit is the society, that defines the
terms and conditions of citizenship and leadership.

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Type of Ethic or morality

The type of ethics is prescriptive ethics because there is value judgement which have been laid
for a given individual when he or she fails to exercise the above regulation expected by the state
office.

Article 79 Legislation to establish the ethics and anti-corruption commission. Provides the
enactment of a law establishing body ensuring compliance with Chapter 6 requirements. This
was realized through the passing of Ethics and Anti-Corruption commission Act, no 22 of
2011which established the Ethics and Anti-Corruption commission. The act inter-alia provides
the functions of the commission to include:

1. Investigating and recommending to the Director of Public Prosecutions prosecution of

any acts of corruption by state officers;
2. Instituting and conducting any court proceedings in order to recover and protect public
property among other punitive and disciplinary measures.

Monitoring the procedures and performance of public bodies to identify corrupt dealing and to
secure the revision of methods of work or procedures that may be contributing to corrupt
practices in accordance with article 31 of the constitution.

Link between the Article and the source

The source of this morality is society. This is because the establishment of an independent ethics
anti-corruption commission is for the benefit and to safe guard public resources from corruption
Type of Ethic or morality

The type of ethics is prescriptive ethics because there is value judgement which have been laid
for a given individual when he or she fails to exercise the above regulation expected by the
public.

Article 80 Legislation on leadership. Parliament shall enact legislation to establish an

independent ethics and anti-corruption commission, which shall be and have the status and
powers of a commission under chapter fifteen for purposes of ensuring compliance with, and
enforcement of provisions of this chapter 80.

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Link between the Article and the source

The source of this morality is society. This is because the establishment of an independent ethics
anti-corruption commission is for the benefit and to safe guard public resources from corruption.
Type of Ethic or morality

The type of ethics is prescriptive ethics because there is value judgement which have been laid
for a given individual when he or she fails to exercise the above regulation expected by the state
office.

CHAPTER THIRTEEN-THE PUBLIC SERVICE

Article 232 National values and principles of governance. Further provides for the principles that
inform public service which include; high standards of professional ethics; efficient, effective
and economic use of resources; responsive, prompt, effective, impartial and equitable provision
of services.

Link between the Article and the source

The source of this morality is society. This is because national values and principles of
governance are meant to define the fundamental proposition that serves as the foundation of the
society.

Type of Ethic or morality

The type of ethics is prescriptive ethics because there is value judgement which have been laid
for a given individual when he or she fails to exercise the above regulation expected by the
public.

References.

The Constitution of Kenya 2010

The Ethics and Anti-Corruption Commission Act, No. 22 of 2011

The Leadership and Integrity Act No. 19 of 2012

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