A heated controversy has erupted following revelations that a senior government employee is holding two full-time positions simultaneously, contrary to the Leadership and Integrity Act. The official in question, Dr. Magdalene Muthoka, currently occupies the role of Chief Manager of HR and Administration at the New Kenya Cooperative Creameries (New KCC) and concurrently serves as a board management member at a prominent private hospital.
Robert Shaw, a former board member of the private hospital, penned a letter of protest dated August 4, condemning Dr. Muthoka's dual roles. The Leadership and Integrity Act prohibits high-ranking officials from holding multiple full-time positions concurrently, citing potential conflicts of interest and integrity concerns.
Shaw's letter raised pivotal questions: "Is it appropriate for the accused to simultaneously hold positions in both the public and private sectors? Does this not violate the relevant provisions of the Leadership and Integrity Act?" He urged a thorough investigation into the matter by the relevant authorities and the Board of Trustees, emphasizing the significance of upholding good governance and safeguarding the hospital's reputation.
Notably, in December 2018, another petition was submitted urging Dr. Muthoka to step down from her private sector role due to alleged abuse of office. The petition cited her involvement in an irregular transfer of funds totaling Ksh475 million without the members' consent. The petitioner contended that the continued tenure of Dr. Muthoka and two others could compromise witnesses and hinder ongoing investigations. As of 2020, the case remains unresolved.
The legal framework, as stipulated in Section 77 of the Kenyan Constitution, explicitly prohibits full-time state officers from engaging in additional gainful employment. This provision aims to prevent conflicts of interest and preserve the integrity of state functions. The Constitution also forbids state officers from maintaining bank accounts outside the country except as outlined by relevant legislation.
Despite the clarity on full-time state officers, the Constitution does not distinctly differentiate between full-time state officers, public officers, and part-time state officers, leading to potential ambiguities in the interpretation and enforcement of these regulations. As the controversy surrounding Dr. Muthoka's case deepens, stakeholders and legal experts are calling for further clarity and effective implementation of the relevant constitutional provisions.