Fifteen years ago, Kenya marked a major milestone in the promulgation of a Constitution that has been hailed worldwide as a very progressive governance covenant between a people and those who assume leadership of their government.

The country took a bold step towards redefining leadership by enacting an entire chapter on leadership and integrity. Prior to 2010, the concept of leadership in Kenya failed to embody the aspect of servant leadership and the trustee relationship between the rulers and the people of Kenya, to whom all sovereign power belongs as the Constitution declares.

Consequently, the newly enacted Constitution demanded that the exercise of public power have accountability, with sufficient checks and balances to ensure that leaders entrusted with the peoples’ power do not abuse it at the expense of the public.

The clamour for good governance is traceable in the Constitution-making history that led to the momentous moment in August 2010. On November 10, 2000, the Constitution of Kenya Review Commission, led by Prof Yash Pal Ghai was appointed with a primary mandate to ensure a comprehensive review of the Constitution.

A key objective of this review was to institutionalise public accountability among holders of public and political offices. At the time, public institutions largely operated without a cohesive integrity and accountability framework.

During the citizen participation stage of the review process, the citizenry made a strong call for a governance model rooted in integrity, transparency, and accountability. They demanded legal obligations for both public and private institutions to uphold ethical standards, with coercive sanctions for corrupt and unethical conduct, including prosecution, disqualification from holding public office, and recovery of stolen public resources.

Emphasis was placed on the need for public servants to uphold financial probity in public office, including the need to avoid conflicts of interest, maintain accountability, and undergo transparent appointment processes.

In response, the Commission’s report recommended embedding a robust ethical framework in the Constitution. This would entail establishing a Leadership and Integrity Code requiring, among other strenuous requirements, declarations of income, assets and liabilities, prohibiting behaviour conducive to corruption and a robust enforcement mechanism that provided for disciplinary measures in case of violation.

To enforce these standards, the Commission also recommended the establishment of a dedicated constitutional Commission, with powers to vet the suitability of public officials to be appointed or serve in public office, investigate corruption, promote ethical practices in public bodies, and educate citizens on integrity.

The 2010 Constitution was a hard-won triumph of the people’s will. It enshrined the collective aspiration of Kenyans for transparent and accountable leadership, anchored in the now-famous Chapter Six that contains elaborate provisions on leadership and integrity. This chapter is meant to reset the moral compass of leadership in Kenya by embedding integrity and ethical governance into the fabric of public service.

The Constitution transformed Kenya’s leadership paradigm, redefining it as a position of public trust rather than personal privilege. Article 73 crystalised this aspiration by declaring that leadership must not only be based on personal integrity, competence, and suitability, but also exercised in a manner that is selfless, impartial, and for the good of the people. These principles have become the benchmark against which the conduct of State officers is to be assessed.

Chapter Six was operationalised by the enactment of the Ethics and Anti-Corruption Commission Act, 2011 that birthed the Ethics and Anti-Corruption Commission (EACC); and the Leadership and Integrity Act, 2012, which established procedures and mechanisms for the effective administration of Chapter Six. Further operationalisation is continuously being embedded in emergent piecemeal amendments to existing laws and the enactment of other subsidiary legislation.

As we mark Katiba @ 15, the question remains: Has Kenya passed its integrity test? The answer depends on two critical factors; firstly, whether integrity has become ingrained in public institutions, no longer just a constitutional ideal, and, secondly, whether our enforcement agencies are adequately empowered to uphold and enforce integrity in leadership.

A look at the EACC reports paints a picture that is both encouraging and concerning in equal measures. On one hand, there is a clear demonstration of impact in the enforcement of Chapter Six, particularly in investigation of corruption cases resulting in prosecution and recovery of stolen assets. Since its establishment in 2011, the Commission has recovered public assets amounting to approximately Sh40 billion.

To this extent, we can safely argue that Kenya has passed its integrity test.

On the other hand, the recently published National Ethics and Corruption Survey 2024 shows the prevalence of corruption is still very high with Kenyans paying up to Sh243,000 while seeking employment.

The conclusion that can be drawn from this data is that despite there being commendable efforts, integrity still remains a constitutional aspiration and there is much to be done for the country to achieve the intended outcomes.

As far as promoting integrity in leadership is concerned, EACC stands guard to ensure public officers and individuals seeking elective posts or appointments to public offices obtain clearance confirming compliance with the provisions of Chapter Six. But this has not been without its challenges, one major setback lies in weak enforcement framework.

The Constitution envisions a robust mechanism to uphold integrity in leadership. However, the Leadership and Integrity Act fails in this undertaking since it consists primarily of non-binding provisions that do not establish clear vetting criteria, a loophole that has been exploited to allow individuals with questionable integrity to slip through the cracks and occupy electoral positions.

While significant strides have been made, the persistence of corruption and unethical conduct signal that the strong call made by Kenyans fifteen years ago; for a governance model rooted in integrity, transparency, and accountability, remains unanswered for the most part.

The recent enactment of Conflict of Interest Act offers fresh impetus in addressing the root-cause of corruption by consolidating, refining, and expanding the ethical framework. However, laws alone are not enough. The true measure of progress lies in our collective willingness as citizens to demand and uphold the highest standards of leadership.