ETHICAL BEHAVIOUR AND PROFESSIONAL PRACTICE IN THE SOCIETY

Name: John Wafula Wekesa

Reg.no. ECE/B/01-02374/2016
wekesajohn64@gmail.com Tel. 0792538049

ABSTRACT
The document covers the illegal activities , unethical behavior and corruption cases in Kenya and
in the world at large. This article tackles cases on economics, business, engineering and
government ethical and corruption issues. The articles discuses the case, principle players, and
crime committed. Using Reasonable Care Model for Professional Responsibility, the case
discussed will be analyzed effectively to case to draw a verdict on various stake holders.
Following this analysis, the final conclusion and recommendation related to ethical issues will be
drawn.

1.INTRODUCTION
Ethics is based on well-founded standards of rights and wrong that prescribe what humans ought
to do usually in terms of rights, obligations, benefits of society, fairness or specific virtues.
Ethics seeks to resolve questions of human morality by defining concepts such as good and evil,
right and wrong, virtue and vice, justice and crime. In general, there are various determinant of
ethics such as religion, law, society, individual, knowledge and time. [2]
Ethics and moral are both used in plural and are often regarded as synonyms, but there are
distinction on how they are used. Moral often describes one’s particular values concerning what
is right and what is wrong while ethics can refer broadly to moral principle, one often sees it
applied to questions of correct behavior within relatively narrow area of activity.
Code of ethics is a set of principles and rules used by individuals and organizations to govern
their decision- making process, as well as to distinguish right from wrong. Several professional
have s code of ethics that exists independent of any particular employment. For instance, a
doctor or lawyer is always bound by the code of ethics by their profession regardless of whether
they work for a large organization or are in private practice. These codes constitute the basic
expectations of these jobs and guide them when making decisions. [5]
Examples of ethical behavior in the workplace includes; obeying company’s rules, effective
communication, taking responsibility, accountability professionalism, trust and mutual respect
for your colleagues at work. These ethical behaviors ensure maximum productivity output at
work place.
2. BACKGROUND
One of greatest challenges facing Kenya is dealing with ethical issues. Kenya as a country is
faced with a lot of ethical issues which greatly affects her growth and development. Some of this
ethical issues includes; privacy and confidentiality issues related to the socially vulnerable
population, health insurance discrimination, employment discrimination, individual
responsibility, issues related to race and ethnicity and implementation, nepotism and favourism.
[6]
In the world, Kenya is among the countries most affected by unethical and corruption cases.
Since the reign of our forefathers, the main objective was to fight for corruption which has
greatly affected development of the country at large. Public officials have often been embroiled
in scandals of varying magnitude. The genesis for most of these scandals is the gradual
deterioration in ethical behavior of public official, which has given rise to all kinds of
malpractice. This has triggered condemnation from various stakeholder, especially the general
public, for the development and implementation of policies that address ethics, integrity,
transparency, accountability and professionalism, to promote accountability in management of
public resources and improves public sector results.[3]
There are various organizations that deals with corruption in Kenya, the body that helps in
fighting corruption is Ethics and Anti-corruption Commission (EACC).. This is a public body
established under section 3(1) of the ethics and Anti-corruption Commission Act. This body
gathers information on corruption occurring in the government and public sectors from a variety
of sources.[6]
Ethics issues in Kenya continues to grow despite all measures being put in place. These ethical
issues has even affected learning institutions as large and students at large. There is no
transparency and integrity at institutions of higher learning. Students are copying exams and
using corrupt methods to acquire degrees. Lectures and senior staffs at the offices are faced with
corruption leading to loss of trust with the learning institutions.
3. RCMPR
Reasonable care Model for Professional Responsibility, is a model of engineering practice in
which the engineer is expected to take reasonable precautions or care in the practice of his or her
profession, This model strives to present harm, and it appeals to a startandard of reasonableness
as seen by a normal, prudent nonprofessional.
Reasonable care is a level of care that a reasonable person would exercise in a given
circumstances, failure to exercise reasonable care may lead liability, if such failure caused an
injury; while exercise of reasonable care can establish that a party acted reasonably and is not
liable.
In this current time period, where there is greater diversity of belief and uncertainty and perhaps
cynicism, promoting ethical behavior becomes essential to the functioning of the society. There
has to be strong ‘buy in’ throughout the community in order for any such promotion to be
reasonably effective. This includes common education and strong social messaging. According
to RCMPR, a person is responsible for the harm he/she as a member of profession, has a duty to
conform to the standards operating procedures of his/her profession, unless those standards are
lower than those that a nonprofessional would adopt in a given situation.[2]

4. CASE STUDIES
1. Case: Lyon’s Engineering and consulting Company Bribery
Source: industrial Media LLC July 29,2019
Principle players:
Frank James Lyon and Master Halbert
Harm: Lack of accountability and integrity in the state in the offering of contract this lead to loss
of state’s money.
2. Case: Defraud of Kenyan’s National Cereals and Produce Board
Source: Ethics and anticorruption commission (EACC) and Office od Director of Public
Prosecution (ODPP)
Principle players:
John Waluke – a member of parliament
Grace Wakhangu – Mother of a former CS
Harm: Following this corruption case, 40,000 tonnes of maize was last. This set the citizens to
scarcity of food as it occurred at the time county was at risk of extreme weathear, locust swarms
and covid 19.
3. Case: Loss of 1.6 billon National Social Security Fund (NSSF ) pension fund though irregular
trading in shares by discount security limited.
Source: Ethics an Anticorruption Commission (EACC). 01/02/2022.
Principle player:
Francis Muturi- NSSF Investment Manger
James Akoya- NSSF general manager finance
William Murungu-Director, Discoount securities
Winfred Weru- finance manager discount securities
Issac Nyamongo- Investment manager discount securities
Harm: Loss of huge amount of money meant for shares paid by NSSF
4.Case: Breaching four counts of the Emirates Cricket Board ( ECB). Anti-corruption code for
participant of the league.
Source: International Criminal Court (ICC) Anti-corruption Code 22 sept 2021
Principle player: Marlon Samuel
Harm: Lack of transparency and integrity in the Emirates Cricket Board which has affected
mostly the players.
5. Case: Bribery in the Macomb County corruption proble
Source: United State Department of Justice. Thursday, February 7, 2019
Principle players: Steven Hohensee- Superintendent 0f the department of public works of
Washington township, Michigan.
Harm: Loss of huge sum money that delayed the construction in Macomb County.
6. Case: Ketraco manager probed over his ‘ sudden wealth ‘
Source: News-by Paul Ogemba, March 4th 2022
Principle player: Peter Maina Njehia- supply chain manager
Julie Hellen Matel- Peter Maina’s wife
Harm; Illegal loss of Ketraco money in the pocket of few individuals.
Lack of transparency in offering of contracts.
7.Case: Anglo- Leasing Scandal
Source: Daily Nation Friday, September24,2021.
Principle players;
CAS Chris Obura
Sammy Kyungu- former ministry of transport permanent secretary.
Samwel Chamodo Bundatich-former finance secretary ministry of finance
Harm- The scandal involved loss of over 1.3 billion shillings, this lead to loss of public money to
few individuals. This hinders country’s development and growth.
8. Case: Corruption acquiring of Ikinu Gamu factory
Source: Ethics and Anticorruption Commission, may 2020.
Principle players: Kinio Maliza- Director
Ian- lead investigator
Harm; Acquiring of factory through corruption, the factory which was meant for the citizens of
the region. This led to loss of public properties to an individual
9.Case: Unequal and corrupt job promotion
Source: Nyahururu Law Couuts, 21 June 2019.
Principle players: Kamau- Senior personnel officer livestock department of ministries of
livestock and fisheries development.
Mutito Goigoi- Officer in the department
Harm: Illegal and corrupt job promotion in the factories and ministries, which has lead top
inequality and mistrust at work place.
10. Case: Doctor corruption case, obtaining salary from the government at the end of each month
even for the days he is absent from work.
Source: Ethics and Anticorruption Commission (EACC)
Principle players: James Maina – medical superintendent
Chweya Juma: doctor
Harm: Loss of public money illegally, this has affect development and state developments.

5. DISCUSION
Engineers, in the fulfillment of their professional duties, shall:
– Hold paramount the safety, health and welfare of the
public in the performance of their professional duties.
– Perform services only in areas of their competence.
– Issue public statements only in an objective and truthful
manner.
– Act in professional matters for each employer or client as
faithful agents or trustees.
– Avoid deceptive acts in the solicitation of professional employment.
According to case 8;
A number of corruption offences have been committed ; these are:
a) Improper benefit to trustees for appointment- section 43( ACECA)
 b) Kinio Maliza, once appointed a receiver manager of ikinu Gamu factory, is a trustee to
the court and the investing authority and other related beneficiaries. Kinio offered and
gave a reward to Ian, lead investigor, for the court to approve his appointment as receiver
manager. This reward was a secret between Kinio and Ian. They both commit the offence
of improper benefits of trustee for appointment.
c) Secret inducement for advice- section 40 (ACECA)
Ian, as the lad investigator, is responsible for giving to the investing authority and the
court. The board will usually rely on these advices the court to nominate him as receiver
manager of ikinu Gamu factory.
d) Bribery/ bribery involving agent- section 39(ACECA)
Ikinu promised Ian a ‘substantial reward’ if he recommended him to the court for
appointment as the factory’s receiver manager of the factory. After he was appointed, he
delivered a brand-new Mercedes Benz to Ian. Both commit the offence of bribery
involving agents.
Kinio is guilty of;
- Giving bride
Ian is guilty of;
- Receiving a bride
e) Abuse of office- section 46 ( ACECA)
Ian uses his position of lead investigator to recommend Kinio as receiver manager for
Ikinu Gamu factory in consideration of a substantial reward, the brand-new S-Class
Mercedes Benz.
f) Breach of Trust- section 127 Penal code
Ian committed a breach of trust. The investing Authority trusted that he would dispense
advice honestly and truthfully. Ian did not do this.

According to case 10 ;
Several corruption offences have been committed. These are

1. Bribery/bribery involving agent agents- section 39(ACECA)

Chweya has committed the offence of bribery involving agents. The offence has three
counts:
- Offering a bribe: he brought a gift of ksh 30,000to the Medical Superintendent to
influence his decision in his favors.
- Giving a bribe: Chweya actually gave ksh 30,000to the Medical Superintendent to
influence his decision in his favors.
- Agreeing to give a bribe: Chweya agreed to bring some further amount of money
for the medical Superintendent to send to James Maina as a bride.
- Receiving a bride: The Medical superintendent actually received the sum of ksh
30,000.
- Soliciting for a bride: The medical superintendent asked that Chweya bring some
further amount of money as a bride for James Maina.
. James is guilty of the offence of bribery involving agents. The offence has one count.
Receiving a bride: James received a bride from the Medical Superintendent to remove the
letter from Chweya’s file at the ministry’s headquarters.

2. Abuse of office-section 46(ACECA)

The Medical Superintendent used his office to confer an unlawful benefit on Chweya. He
got a public Officer at the Ministry headquarters to withdraw a letter unlawfully from a
government file. He is guilty of the offence of abuse of office. James is abused his office
by unlawfully removing a letter from Chweya’s file.

3. Breach of Trust- section 127 penal code

Both the Medical Superintendent and James are guilty of Breach of Trust. They have
been tasked by the government to discharge their duties lawfully and honestly. By
colluding to remove the letter from Chweya’s file, they commit a breach of trust.

4. Deceiving the Principal- section 41(ACECA)

Chweya, James and the Medical Superintendent are guilty of the offence of deceiving the
principal.
Chweya, James and the Medical Superintendent have breached a number of provisions of
the general code of conduct contained in the Public Officer Ethics Act, 2003. These are:
a. Improper Enrichment- section 11 (POFA)
The Medical Superintendent breached the code of conduct by receiving a gift of ksh
30,000from Chweya which he knew or ought to have known was meant to influence his
decisions in favors of chweya.
b. Conflict of interest- section 12 (POEA)
Running of a private clinic by Chweya is not illegal but has the potential of generating
Conflict of interest with his duties as a government doctor.

According to case 9;
A number of offences have been committed. These are:
a) Bribery/ Bribery involving agent- section 39 (ACECA)
Kamau asked Mutito to buy him drinks and ‘nyama choma’ in return for his
recommending him for the training .The drinks and ‘nyama choma’ were a bride.
They were intended to influence Kamau’s decision in Mutito’s favors.
Kamau committed the offence of bribery involving agent. In his case, the offences
are:
- Soliciting a bride
Receiving a bride
Mutito has also committed the offence of bribery involving agent. In his case, the
offence is:
-Giving a bride
b) Deceiving the principal- section 41 ( ACECA)
Kamau has committed the offence of deceiving the principal. He was to recommend to
recommend the most deserving officers for the training. Instead, Kamau recommended the least
deserving officer. It is unlikely Mutito will use the skills acquired at the training for the benefit
of the department.
b) Abuse of office – section 46 ( ACECA)
Kamau used his office to unfairly confer a benefit on Mutito. His
recommendation was not based on merit. He therefore abused his office by
conferring a benefit to an underserving officer in consideration of the favors of
being bought a few drinks and nyama choma.
Several ethical breaches have been committed. These are,
- Lack of professionalism- section 9 (POEA)
Section 9 of the Public Officer Ethics Act provides that a public officer will carry out
his duties in a way that maintains public confidence in the integrity of his office.
The act also requires public officers to:
. Treat the public and fellow public officers with courtesy and respect.
. Maintain an appropriate standard of dress and personal hygiene.
. Observe official working hours
- Improper enrichment- section 11 ( POEA)
Section 11 of the Public Officer Ethics Act provides that a public officer shall not use
his to improperly enrich himself. It prohibits the acceptance of gifts or favors by
Public Officer. Kamau received a favor from Mutito and Nyama choma in exchange
for his recommendation. He therefore breached this provision.
- Nepotism/ Favoritism- section 17 ( POEA)
Section 17 of the Public Officer Ethics provides that a Public Officer shall not
practice nepotism or favoritism. Kamau showed favouritism when he recommended
Mutito, a long-time friend, for the training. He therefore breached this breached this
provision.

6. CONCLUSION
In this current time period, where there is greater diversity of belief and uncertainty
and perhaps cynicism, promoting ethical behavior becomes essential to the
functioning of the society. There has to be strong ‘buy in’ throughout the community
in order for any such promotion to be reasonably effective. This includes common
education, strong social messaging, legal systems and laws that inculcate or reflect
certain ethical beliefs and sane of moderate religion.[4]
As it can be seen increasing and excessive focus on individual right and freedoms
without a sense of moral or ethical responsibility or on fanaticism and intolerance, the
need for such ethical and moral education and promotion becomes more apparent
universally.
There are various way in which ethics can be improved in Kenya and in the society,
such as by common education on the of moral behaviors and ethical beliefs held in
the society. Various strong social messaging by respected leaders in the community,
 political business and religious in the news media and generally, legal systems laws
that define and express such ethical values and are then actually enforced, not paid lip
service and sane and moderate religion. These will help to improves ethical behaviors
and will help minimize illegal and unethical activities in our society.

REFERENCES
1. Hoy, D. (2005). Critical Resistance from Poststructuralism to Postcritique.
Massachusetts Institute of Technology, Cambridge, Massachusetts.
2. Lyon, D. (1999). Postmodernity (2nd ed.). Open University Press, Buckingham.
3. Singer, P. (2000). Writings on an Ethical Life. Harper Collins Publishers, London.
4. MST- Department of Public Policy and Administration.
5. Corruption Cases- Ethics and Anti-corruption Commissions
6. Government Press reports on corruption, Kenya.

DISCLAIMER: Information contained in the article is for the fully for University
learning purpose and for the fulfillment for course requirement in the school of engineering at
Masinde Muliro University of Science and Technology. The conclusion drawn in this article
should not be used as a final judgment in the society.