The Ethics and Anti-Corruption Commission (EACC) has warned Members of County Assemblies (MCAs) against violating the law by engaging in public collections.
In a letter dated September 23rd, 2014 from the EACC and addressed to Kisumu County Assembly speaker, Anne Adul, MCAs are warned that appropriate action will be taken against those who violate the law.
The letter signed by EACC Chief Executive Officer, Halakhe Waqo and circulated to Kisumu MCAs on Wednesday stated that the commission had observed that some Governors and MCAs were engaging in harambees in blatant disregard of the legal provisions governing public collections.
“Whereas the Commission appreciates the gesture directed towards supporting worthy causes, the activity by such a member is in violation of the Leadership and Integrity Act, 2012 and the Public Officer Ethics Act, 2003” the letter states in part.
South West Kisumu Ward MCA, Joseph Otiende was in a dilemma on what to do following the notice since he was to preside over a harambee in his ward the following weekend.
In the recent past Nairobi City Governor, Evans Kidero was put on the spot by leaders from Nyanza region over his presiding over several harambees and sending money toward fundraisers in the region. The leaders interpreted his actions as direct competition to Raila Odinga, who is esteemed as the region’s political kingpin.
Section 18 (1) of the Leadership and Integrity Act, 2012 states that a state officer shall not solicit for contributions from the public for a public purpose unless the president has by notice in the Gazette, declared a national disaster.
Also Section 13 of the Public Officer Ethics Act 2003 provides that a public officer shall not use his office or place of work as a venue for soliciting or collecting harambees, or either as a collector or promoter of a public collection, obtain money or other property from a person by using his official position in a any way to exert pressure.