PRESENTATION AT THE ICPS K s FOR CERTIFIED SECRETARIES WORKSHOP

PRESENTATION AT THE ICPS(K)'s FOR CERTIFIED SECRETARIES WORKSHOP IN KISUMU ON THURSDAY 14 TH APRIL 2016 3/20/2018 1

PRESENTED BY CS JUSTIN N KIMANI- CHAIRMANKIAMBU PUBLIC SERVICE BOARD 3/20/2018 2

INTEGRITY AND ETHICS What is the meaning of INTEGRITY • Simple Definition of integrity • the quality of being honest and fair • the state of being complete or whole • Full Definition of integrity • firm adherence to a code of moral or artistic values : incorruptibility • an unimpaired condition : soundness • the quality or state of being complete or undivided completeness 3/20/2018 3

• According to the United Nations: “ A person of integrity demonstrates the values of the Organization in daily activities and behaviors, acts without consideration of personal gain, resists undue political pressure in decisionmaking, does not abuse power or authority, stands by decisions that are in the Organization’s interest, even if they are unpopular, and takes prompt action in cases of unprofessional or unethical behavior. ” Levi Eshkol, Prime Minister of Israel, "You shall not muzzle an ox while it is treading out the grain". 3/20/2018 4

• Integrity as a pillar of good governance is surmised as walking the talk • Members of a Legislative assembly have the power and trust of their electorates that should not be exploited for personal gain. • Integrity for the individual enables recognition of one to: – avoid conflicts of interests, – act honestly and honorably at a personal level, for the public not private benefit. 3/20/2018 5

• It reflects public expectations on the conduct & behavior of Public officers in service provision. • Integrity demands promotion of public interest and living up to specific values. • It reflects public expectations on the conduct & behavior of Public servants in service provision. • Integrity is hence a tool to fight corruption, ineptitude, impunity and lethargy that mar the whole concept of good governance 3/20/2018 6

Core Principles Of Good Governance has major characteristics of • Strong commitment to integrity, ethical values, and the rule of law; • Openness and comprehensive stakeholder engagement; • Defining outcomes in terms of sustainable economic, social, and environmental benefits; • Determining the interventions necessary to optimize the achievement of intended outcomes; 3/20/2018 7

• Determining the interventions necessary to optimize the achievement of intended outcomes; • Developing the capacity of the entity, including the capability of its leadership and the individuals within it; • Managing risks and performance through robust internal control and strong public financial management; and • Implementing good practices in transparency and reporting to deliver effective accountability 3/20/2018 8

What are Values – Values are enduring beliefs that specific approaches are socially preferable to converse modes of conducts – Values establish right and wrong within a particular society - this is what ethics is. These values should: – Be easy to communicate and understand. – Be over and above minimum legal requirements and – Build on established principles for behavior in public life, such as objectivity, selflessness, and honesty. 3/20/2018 9

Why Values • (1)The Leadership And Integrity Act, 2012, Part 1 Section 3. (1)The primary purpose of this Act is to ensure that State officers respect the values, principles and requirements of the Constitution. • (2) A State officer shall respect the values, principles and the requirements of the Constitution, including− • Part II -on General Leadership And Integrity Code under • Section 7. (1) which provides that A State officer shall respect and abide by the Constitution and the law. 3/20/2018 10

• Are a prerequisite to good governance. • Are necessary for realization of a high quality of life for Kenyans. • Are central in addressing marginalization. (PLWD) • Tax payers get value for money. • Citizens have a say on matters affecting them. (PP) • Inclusion fosters cohesion. 3/20/2018 11

These values should: – Be easy to communicate and understand. – Be over and above minimum legal requirements and - Built on established principles for behavior in public life, such as objectivity, selflessness, and honesty. 3/20/2018 12

Ethics • In a general sense, ethics is the code of moral principles and values that governs the behaviors of a person or group with respect to what is right or wrong. Ethics sets standards as to what is good or bad in conduct and decision making. • Ethics ‘is about what we ought to do’ (Freakley & burgh, 2007) • Ethics, ‘is sometimes used to refer to the set of rules, principles or ways or thinking that guide, or claim authority to guide, the actions of a particular group’ (singer 1994). For instance, Codes of Conduct identify standards of official conduct that employees are expected to perform. 3/20/2018 13

• Ethics, then, could be considered to be ‘about how we ought to live. What makes an action the right rather than the wrong, thing to do? What should our goals be? ’ ‘Ethics is about positive not negative values’. • Ethics deals with internal values that are a part of corporate culture and shapes decisions concerning social responsibility with respect to the external environment. An ethical issue is present in a situation when the actions of a person or organization may hurt or benefit others. 3/20/2018 14

• Disqualify staff from outside employment or activities dealing with former or future employees and employment after separation, that conflict company responsibilities. (The golden parachute problem, and time space needed for freeze) • Strategy: Establish a telephone hot line to report fraudulent and corrupt practices. 3/20/2018 15

Ethical Standards(especially of staff handling Procurements and Financial Projects) Should • strictly avoid or even conflict of interest the appearance of conflict of interest. • Respect the confidentiality of information received in the course of duty and never use it for personal gain • Decline acceptance directly or indirectly of any gratitude, gift, favor, entertainment or anything of monetary value from anyone who has an interest in company projects. 3/20/2018 16

• An ethical dilemma arises from a situation that necessitates a choice between competing sets of principles. Thus an ethical dilemma can be described as a circumstance that requires a choice between competing sets of principles in a given, usually undesirable or perplexing, situation. 3/20/2018 17

Administrative Discretion • Public officials are not merely executors of public policy. They make decisions pertaining to the lives of people, for example, about taxes, survival and the dismissal of people. • When faced with alternatives the choice of the public official poses an ethical problem: the choice may be acceptable to only a small section of society 3/20/2018 18

• The problem is that the selection of one path of action from among several alternatives is often made on the basis of personal preference, political or other affiliations, or even personal aggrandizement, thereby disregarding known facts and thus the possibility of rational decision making 3/20/2018 19

Administrative Secrecy • Is the secret conduct of public business. This is especially so because secrecy can provide an opportunity to cover up unethical conduct. secrecy is an ally of corruption and corruption is always practiced in secrecy. it is generally • Accepted that in a democracy the people have a right to know what the government intends to do and it would be in the interest of the public for the administration of public affairs to be conducted openly. 3/20/2018 20

Nepotism • The practice of nepotism (the appointment of relations and/ or friends to public positions, thereby ignoring the merit principle), may lead to the downgrading of the quality of the public service. This disrupts the esprit de corps and trust and resulting in corrupt administration, owing to the ability of a select few to impair control measures on account of their personal relationship with the policy-maker, and by reason of their not being easily dismissed or replaced by others. in other words, those who are appointed with the view that they will conform to the standards and views of their appointing authority could prove to be problematic. 3/20/2018 21

Information leaks • Official information is often of such a sensitive nature (for example, pending tax increases, rezoning land, retrenchment of staff) that disclosure of the information can lead to chaos, corrupt practices or, for some individuals, improper monetary gains. Leaking official information at a date prior to the public announcement thereof is a violation of procedural prescriptions and can be an ethical dilemma. 3/20/2018 22

Policy dilemmas • Policy makers are often confronted by conflicting responsibilities. They have specific loyalties to their superiors, but also to society. They have freedom to act on behalf and in the interest of others, but they must also answer to others - their superiors and society – for their actions. The official’s obligation to respect the political process may conflict with his view on how the objects of policy making are treated. in other words, the dilemma of the public official is the clash between his view of the public interest and the requirements of law. 3/20/2018 23

Dilemma of the public servant • It is what the public servant does when he is confronted by activities pertaining to these phenomena that could prove to be the ethical dilemma: 3/20/2018 24

Would he keep silent when he finds that administrative • discretion is abused, or that corruption or • • nepotism are practiced? Or should he blow the whistle? should he actively engage in pressure group activities because he sympathizes with their views? should he actively participate in party politics? Or should he endeavor only to promote the public good and uphold the high standards of public office 3/20/2018 25

GUIDELINES FOR ETHICAL DECISION-MAKING When confronted with ethical dilemmas, would you • be proud to tell parents or grandparents about your decision • sleep well at night and face yourself in the mirror in the morning. • Rely on your own personal integrity in making ethical decisions? . • As a manager, almost surely endure ethical dilemmas one day? . The following guidelines will help you evaluate your own values and those of your organization. 3/20/2018 26

• Is the problem/dilemma really what it appears to be? if you are not sure, find out. • Is the action you are considering legal? Ethical? if you are not sure, find out. • If you do it, how will you feel about yourself? . Do you understand the position of those who oppose the action you are considering? Is it reasonable? Who does the action benefit? Harm? How much? How long? • Would you be willing to allow everyone to do what you are considering doing? • Have you sought the opinion of others who are knowledgeable on the subject and who would be objective? Would your action be embarrassing to you if it were made known to your family, friends, co-workers. 3/20/2018 27

RULE OF LAW If YOU are a person of Integrity, it follows that YOU are also Ethical and ARE not Corrupt? ? ? Discuss and that you adhere to the Rule of Law According to Duhaime's Law Dictionary : the Rule of Law is that which individuals, persons and government shall submit to, obey and be regulated by law, and not arbitrary action by an individual or a group of individuals. 3/20/2018 28

– It is the principle that governmental authority is legitimately exercised only in accordance with written, publicly disclosed laws adopted and enforced in accordance with established procedure. – It has three principles : • The absolute supremacy or predominance of regular law as opposed to the influence of arbitrary power; • Equality before the law or the equal subjection of all classes to the ordinary law of the land administered by the ordinary courts; and • The law of the constitution is a consequence of the rights of individuals as defined and enforced by the courts. • Aristotle said "The rule of law is better than that of any individual. " 3/20/2018 29

– The legislature is involved in establishing laws; this demands a high standard of conduct that prevents these roles from being brought into disrepute. – Adhering to the rule of law also requires effective mechanisms to deal with breaches of legal and regulatory provisions. – Powers should be utilized fully for public benefit other stakeholders within legal frameworks. – It is a tool for accountability and compliance with any constraints on resources voted by the legislature. 3/20/2018 30

• • • Corruption Interrelationship between Integrity, Ethics and Corruption The biggest manifestation of luck of integrity is corruption Is everyone who lacks integrity corrupt? Does everyone who is corrupt lack integrity? Does everyone who is unethical corrupt 3/20/2018 31

• Definitions of corruption takes several forms • • Legal - centered definitions - which involve the deviation from legal norms, i. e. committing legal offenses (The legal threshold and the ethical bar) • Market-centered definitions –which view corruption as a "maximizing unit". Examples: • Public interest-centered definitions- which emphasize the betrayal, abuse, of public interests, public office, public trust, public property by preference of particular interests to common interests (the difference between individual to particular interests) • The abuse of public power for private gain (Transparency International) • The offering, giving, receiving or soliciting of anything of value to influence the action of a public official ( World Bank) • The abuse, betrayal, of public power, position or authority for private benefit – through bribery, extortion, influence peddling, nepotism, fraud, speed money ( a bribery, grease money) or embezzlement – UNDP • The Legal Threshold and the Ethical Bar • The Ethical Bar • The Legal Threshold Legal but stinks 3/20/2018 32

• • • CRIMINAL OFFENSE Public opinion – centered definition: Identifying between: black, grey and white corruption 3/20/2018 33

Mechanisms That Perpetuate Corruption • The Spillover Effect: • - Institutional Spillover • - Leader-followers Spillover - The • dimensions of Corruption Spillover- • the Slippery Slope Effect 3/20/2018 34

Rationalization: • The Economic environment of rationalization: The effects of scarce economy and rapid economic development. • The Administrative environment of rationalization: the effects of whitecorruption; the effects of systemic corruption 3/20/2018 35

• Denial of Responsibility or casting it on the others or on the situation: • “ I have been told by the management to do it”, “I was just a small screw in the process”, “my team members have put pressure on me”, ( manifest itself when ‘systemic corruption prevails), “ if I would not do that- others will surely do it”, or”, “everyone is doing it”, “It was not me, the Devil came into me”, “it is a jungle down there in business”, “these are bad economic times- there is no room for being ethical” , • “these are tomes of scarcity- I need to survive”. 3/20/2018 36

• The denial of harm or mitigating the damage: Exists in organizations in which white corruption prevails. (stilling office equipment , private telephone calls or using the fax and printing machine for private benefit: ”So what if I stole two pairs of under wares from the factory, we produce thousands of them everyday”, “it is small money for the firm”. • Mitigating the risk involved in the action: “ There is no way I will be caught”, “my boss/the organization will do nothing even if I am caught”. • Denial of the existence of a victim: My company deserves my action, my company/organization is corrupt by itself, “it is ok to steal from a thief”. • The Impersonification of the victim- the victim is perceived as faceless. Employees perceive the organization as faceless, the clients are perceived as faceless (the Pinto story of Ford Company) • Committing an improper/corrupt action for a noble cause: Robin Hood, stealing from the rich for the sake of the poor. • Performance above all: 3/20/2018 37

WHISTLEBLOWING STRATEGIES: A new Matrix for whistle-blowing strategy (in face of the ineffectiveness of whistleblowing protection acts) (Reflect on and compare the cases of Githongo and Waiguru 3/20/2018 38

ARTICLES 10 AND 232 OF THE CONSTITUTION • 10. (1) The national values and principles of governance in this Article bind all State organs, State officers, public officers and all persons whenever any of them–– • (a)applies or interprets this Constitution; • (b)enacts, applies or interprets any law; or • (c)makes or implements public policy decisions 3/20/2018 39

• (2) The national values and principles of governance include–– (a)patriotism, national unity, sharing and devolution of power, the rule of law, democracy and participation of the people; (b)human dignity, equity, social justice, inclusiveness, equality, human rights, non-discrimination and protection of the marginalised; (c)good governance, integrity, transparency and accountability; and (d)sustainable development. 3/20/2018 40

Section 232. Values and principles of public service (1) The values and principles of public service include- (a) high standards of professional ethics; (b) efficient, effective and economic use of resources; responsive, prompt, effective, impartial and equitable (c) provision of services; (d) involvement of the people in the process of policy making; (e) accountability for administrative acts; 3/20/2018 41

f) transparency and provision to the public of timely, accurate information; (g) subject to paragraphs (h) and (i), fair competition and merit as the basis of appointments and promotions; (h) representation of Kenya’s diverse communities; and (i) affording adequate and equal opportunities for appointment, training and advancement, at all levels of the public service, of- (i) men and women; (ii) the members of all ethnic groups; and (iii) persons with disabilities. 3/20/2018 42

ROLE OF CERTIFIED SECRETARY IN PROMOTING ETHICS AND INTEGRITY IN THE PUBLIC SECTOR. The Certified Public Secretary is the MOST ENDURING Professional. . . . an all rounder. . as such the CS is The conscience of the Organization INTERPRETING Organizational Conscience • How are disputes / complaints resolved? • What methods are used for communication between committees and among members of the board? • What is the relationship between the mission statement and the processes for employee evaluation of performance? 3/20/2018 43

• What is the relationship between the mission statement and the compensation program? • How does the organization respond to criticism? • What is the level of trust and mutual respect among board members and between the board and the executive director/CEO of the organization? 3/20/2018 44

• PRESERVING Organizational Conscience • What method is used to evaluate board members? • How are new board members identified and cultivated? iii. What is the nature and status of strategic planning among the specific responsibilities of the board? • How are major changes in the physical plant and/or in the organization’s “matrics” made? • What methods and processes are used to monitor and change the program/services of the organization? . How are achievements reviewed annually, and how are future goals and organizational needs both assessed and established? 3/20/2018 45

• The answers to these questions reveal a great deal about organizational culture, but more importantly, they open portals to organizational conscience. It is for those responsible for organizational governance to ask and answer these questions – and, depending upon the answers that are forthcoming, it is through consistent focus on matters of governance that the organization’s conscience remains a guiding presence. • Interpreter of the law) • Interpreter of the Mission and Vision Statements of the Organization • The advocate of the principles of the Ethics and Integrity in the Public Sector 3/20/2018 46

(2) The values and principles of public service apply to public service in- (a) all State organs in both levels of government; and (b) all State corporations. (3) Parliament shall enact legislation to give full effect to this Article. 3/20/2018 47

THE END THANK YOU 3/20/2018 48

Q & A 3/20/2018 49