Emerging Jurisprudence: Impact on Implementation of Ethics and Integrity Requirements

Emerging court rulings are reshaping how Kenya applies ethics and integrity requirements in public life, Deputy Director Patrick Owiny of the Ethics and Anti Corruption Commission (EACC) told delegates at the High Court Annual Human Rights Summit on December 9, in Nairobi.

Mr Owiny, who was making a presentation on ‘Emerging Jurisprudence: Impact on Implementation of Ethics and Integrity Requirements,’ framed his remarks around the legal and institutional foundations of ethical governance—from the Constitution and international conventions to a raft of domestic laws including the Leadership and Integrity Act, the AntiBribery Act, and the new Conflict of Interest Act of 2025.

He underscored the EACC’s broad mandate to investigate, prevent, educate and promote ethical standards, echoing the Commission’s official functions to probe corruption, recover public assets, and oversee codes of conduct for state officers. Central to the discussion was Chapter Six of the Constitution, which enshrines leadership as a public trust.

Owiny noted that Kenya’s legal framework aims to shift from power to rule toward servant leadership, stressing selection based on integrity, impartial decisionmaking, accountability, and discipline. Those principles are spelled out in Article 73, which emphasizes that authority is a public trust and that leaders must serve the people, not rule them. Owiny highlighted key jurisprudence that has tested these standards: court actions challenging questionable appointments, rulings on candidates’ integrity in elections, and precedents around stepping aside or suspension for officers charged with corruption and economic crimes. He cited cases where highprofile appointments were quashed, or public officers were barred or permanently disqualified after misconduct, demonstrating judicial willingness to enforce Chapter Six and related statutes. Despite progress, Owiny warned of unresolved gaps—particularly on elective positions, balancing presumption of innocence with accountability, and setting proof standards in ethical matters. He called for stronger public awareness, faster investigations, clearer litigation to settle grey areas, and broader civic education. The message: Kenya’s evolving jurisprudence offers momentum, but full realization of constitutional ethics demands sustained legal clarity, institutional support, and citizen vigilance.