Download cs. justin n kimani

PRESENTATION AT THE ICPS(K)'s
FOR CERTIFIED SECRETARIES
WORKSHOP IN KISUMU ON
THURSDAY 14TH APRIL 2016
7/7/2017
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PRESENTED BY CS JUSTIN N KIMANICHAIRMANKIAMBU PUBLIC SERVICE BOARD
7/7/2017
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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
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• 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".
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• 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.
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• 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
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Core Principles Of Good Governance
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;
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• 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
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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.
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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.
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• 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.
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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.
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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.
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• 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.
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• 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.
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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.
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• 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.
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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
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• 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
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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.
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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.
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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.
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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.
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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:
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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
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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.
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• 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 .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.
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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.
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– 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."
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– 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.
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•
•
•
•
•
•
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 lack
integrity?
Does everyone who is unethical corrupt
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• 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
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•
•
•
•
•
•
CRIMINAL OFFENSE
Public opinion – centered definition:
Identifying between:
black,
grey
and white corruption
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Mechanisms That Perpetuate
Corruption
• The Spillover Effect:
•
- Institutional Spillover
•
- Leader-followers Spillover - The
•
dimensions of Corruption Spillover•
the Slippery Slope Effect
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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
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• 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”.
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• 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:
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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
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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
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• (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.
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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;
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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.
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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?
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• 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?
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• 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?
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• 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
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(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.
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THE END
THANK YOU
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Q&A
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