by: Amazon Koech
“Leadership is a privilege to better the lives of others. It is not an opportunity to satisfy personal greed.”
— Mwai Kibaki
As the election season heats up, a familiar ritual unfolds: political aspirants appear before vetting bodies with well-pressed suits and freshly printed Certificates of Good Conduct, as if that alone confirms their moral fitness to lead.
But does this certificate — issued by the Directorate of Criminal Investigations (DCI) — prove integrity? Or have we reduced the solemn promise of Chapter Six to a piece of paper that tells us nothing about a candidate’s character?
The Illusion of Clean Hands
Picture a hypothetical candidate. He is known in his home county for past allegations of sexual misconduct, land grabbing, and public fund abuse. None of these claims led to a conviction — not because they were false, but because victims withdrew, investigations were stalled, or files disappeared.
He applies for office and submits a Good Conduct certificate. No convictions. No pending cases.
He is cleared.
But is he clean?
What the Constitution Actually Demands
The Constitution of Kenya, 2010, in Chapter Six, sets a much higher bar than just legal compliance.
Article 73(2)(a):
The authority assigned to a State officer must be exercised in a manner that —
“brings honour to the nation and dignity to the office, and promotes public confidence in the integrity of the office.”
This is not a tick-box standard. It is an ethical and moral imperative.
Case Law: Integrity Is Not a Conviction
Kenyan courts have consistently affirmed that integrity is not defined by the absence of a criminal conviction.
🧑🏽⚖️ Trusted Society of Human Rights Alliance v AG & 2 others [2012] eKLR
“Integrity entails more than the absence of criminal culpability. It involves values such as honesty, responsibility, and accountability.”
🧑🏽⚖️ International Centre for Policy and Conflict & 5 others v AG & 4 others [2013] eKLR
“Where serious, plausible allegations have been raised against a candidate’s integrity, the burden shifts to that individual to subject himself to a vetting process — whether administrative or subjective — to clear his name.”
The courts are clear: once a cloud of ethical doubt is raised, it is no longer about ticking formal boxes. It is about earning the public’s trust.
Certificates vs. Character
A Good Conduct certificate only certifies that no criminal conviction exists in DCI records. It says nothing about unresolved scandals, abuse of office, or credible but unprosecuted misconduct.
This makes it dangerous when such certificates are treated as conclusive proof of integrity.
Because clean records do not mean clean reputations.
Should Vetting Authorities Do Background Checks? Absolutely.
The IEBC, EACC, and political parties are not passive gatekeepers — they are the first line of constitutional defense against unethical leadership.
🏛️ IEBC
- Must verify complaints beyond submitted paperwork.
- Must allow for public objections and conduct record checks with EACC and DCI.
- Must view integrity as a threshold, not a formality.
🕵🏽♂️ EACC
- Should maintain integrity profiles of former and aspiring public officers.
- Can recommend disqualification even without prosecution.
- Must treat ethical concerns with the same gravity as financial crimes.
🏴 Political Parties
- Must form internal integrity tribunals, similar to South Africa’s ANC model (discussed below).
- Should bar candidates whose conduct undermines public trust, regardless of conviction status.
🌍 Global Best Practices: What Kenya Can Learn
🇿🇦 South Africa: The Integrity Commission Model
The African National Congress (ANC) established an Integrity Commission within the party to vet its own candidates.
- Function: Reviews candidates facing serious allegations.
- Process: Summons individuals to answer complaints and subject themselves to internal vetting.
- Outcome: The party can bar a candidate from nomination even in the absence of formal charges.
✅ Key Lesson: Ethical accountability can and should be enforced internally, not just by courts.
Kenya’s parties should emulate this model and build permanent vetting panels that go beyond loyalty and electability.
🇬🇧 United Kingdom: The Nolan Principles of Public Life
In the UK, public officers are guided by the Nolan Principles — a moral compass that frames leadership as a trust, not a reward.
These are:
- Selflessness
- Integrity
- Objectivity
- Accountability
- Openness
- Honesty
- Leadership
Candidates and public servants are expected to embody these values. They are also taught and monitored as part of the vetting process.
✅ Key Lesson: A code of ethics must be formally institutionalized and used as a standard in assessing eligibility.
Kenya’s institutions can adopt the Nolan Principles to give life to Chapter Six — not just as words on paper, but as operational standards during clearance and nomination processes.
Conclusion: Integrity Is a Standard, Not a Certificate
A Certificate of Good Conduct may confirm the absence of a conviction — but it does not prove moral authority, public trust, or ethical conduct.
If we want Chapter Six to mean something, then:
- Vetting must go beyond paperwork.
- Allegations must trigger meaningful investigations.
- Political parties must stop fielding candidates whose records are ethically suspect — even if technically “cleared.”
- The IEBC and EACC must embrace substantive scrutiny, not administrative clearance.
Finally; While Kenya enacted the Leadership and Integrity Act, No. 19 of 2012 to give effect to Chapter Six of the Constitution, the statute remains largely a framework law. It outlines general obligations for State officers and requires institutions to develop internal codes of conduct. However, it does not constitute a standalone, operational code of ethics akin to the Nolan Principles in the UK. Unlike detailed ethical standards adopted in other jurisdictions, the Act focuses more on compliance mechanisms than on cultivating public leadership values. The absence of a unified, enforceable, and values-based code has left a normative gap between what the Constitution aspires to and what is practiced in political vetting and leadership culture.
Good piece Wakili!