Lawyers sue State agencies over MPs’ code of ethics

The Law Society of Kenya (LSK) has moved to court seeking orders to compel key State institutions to establish and enforce a code of ethics for Members of Parliament, with penalties such as loss of salary and prosecution for misconduct.

In the petition filed at the High Court, LSK wants the Ethics and Anti-Corruption Commission (EACC) and the Registrar of Political Parties directed to prepare a framework tailored to regulate the behaviour of MPs and other politicians.

The society argues that the lack of such a framework has allowed leaders of questionable integrity to ascend to and retain public office, contrary to constitutional expectations.

The petition also seeks a declaration that citizens have a constitutional duty to provide information on the integrity of aspirants and office holders before clearance by the Independent Electoral and Boundaries Commission (IEBC).

LSK maintains that Kenyans continue to suffer under leaders whose integrity was already in doubt before, during, and after elections.

It points to repeated failures by responsible agencies to carry out effective vetting despite clear provisions under the 2010 Constitution.

In 2022, for example, the EACC attempted to stop 241 aspirants facing corruption allegations from contesting, but most of them were eventually cleared by IEBC. LSK says this failure highlights the absence of a strong code to enforce ethical standards.

The respondents in the case include the EACC, IEBC, Registrar of Political Parties, Parliamentary Service Commission (PSC), National Cohesion and Integration Commission (NCIC), and the Attorney-General. LSK accuses them of neglecting their mandate to shield Kenyans from leaders of questionable character.

“None of the respondents has made an effort to proactively and thoroughly vet the integrity of individuals seeking or actively holding elective positions,” the society argues. It further notes that since the Constitution was enacted, no customised code has been created to strengthen the Leadership and Integrity Act and the Public Officer Ethics Act.

According to the petition, the vetting process for aspirants and appointees has consistently failed to produce leaders of unimpeachable character.

“In the 15 years of our Constitution’s existence, these respondents have failed despite receiving significant public funds. The result is a culture of haphazard, escalating, and incendiary behaviour in politics that has not been addressed,” the petition reads.

It adds that institutions entrusted with upholding integrity have failed in their duty, creating a political environment of impunity.

The society argues that the Leadership and Integrity Act obligates public officers to act professionally, safeguard public trust, and uphold the rule of law, but these standards have not been adequately applied to politics.

LSK is also pushing for stronger sanctions. It wants the PSC and the Salaries and Remuneration Commission barred from processing salaries and allowances for public officers found guilty of breaching integrity standards.

“The instant such misconduct is verified, elected officials should forfeit their positions and be stripped of taxpayer-funded benefits,” the petition states.

The respondents are yet to reply to the petition.

If the case succeeds, it could mark a turning point in the enforcement of integrity provisions, amid mounting public frustration over corruption and impunity in politics.