Transport Cabinet Secretary Kipchumba Murkomen on Saturday called upon the Senate to reconsider pushing through the Lifestyle Audit Bill, 2021 to deal with the recent behaviour of public officers flaunting wealth.
Murkomen noted that the bill will rein in on opulence and largesse while ensuring that all state officials live within their means.
"In line with the current National Conversation and to address the concerns that state and public officers are living beyond their means, I propose that Parliament urgently introduces and passes Lifestyle Audit Bill," the CS stated earlier in the day.
In the said bill earlier sponsored by former nominated senator Farhiya Ali Haji, the Ethics and Anti-Corruption Commission (EACC) was to be handed the powers to draft regulations to effectively enforce the bill.
"A lifestyle audit may be carried out on an immediate family member of a public officer if it is established that a property which is a subject of a lifestyle audit is owned by the immediate family member including joint ownership," reads part of the bill.
EACC will undertake the lifestyle audit on all public officers in liaison with the Kenya Revenue Authority (KRA).
During the audit, any person who gives any false or misleading information commits an offence and risks a Ksh5 million fine two years imprisonment or both if found guilty.
Another offence listed in the bill is failing to comply with the commission directive through authorisations from the High Court to offer a written statement to specify how they acquired their property whether it was a purchase, gift, inheritance or any other form of acquisition.
Any public officer who is found guilty of failing to comply with this directive commits an offence and risks a Ksh1 million fine, or three years imprisonment or both.
Additionally, public officers risk a Ksh500,000 fine or three years imprisonment for publicising documents or information prohibited by the High Court following court proceedings.
According to the bill, the High Court may delay or ban the publication of information if it poses substantial risk or prejudice to the administration of justice.
The High Court may also order the removal of certain past information before it is made public.
Lifestyle Audit Procedure
Before conducting an audit, the commission will give the suspect officer a seven-day notice, a chance to explain themselves and the right to cross-examine witnesses where applicable.
EACC must apply for a search warrant from the High Court.
While making this application, EACC must specify the area to be searched, grounds for the conduct of a lifestyle audit, the name of the officer and an explanation of whether material found on the premises will be useful in the audit.
"A search may be conducted without a warrant in exceptional cases where there are reasonable grounds to believe that evidence may be removed or destroyed." read part of the bill.
Further, per the bill, a member of the public may complain to the Commission where such a person has reason to believe that a public officer holds unexplained wealth.
Any citizen wishing to make a complaint must fill out a form as outlined by the commission within a stipulated timeline.
However, EACC may decline to investigate a complaint if it considers the complaints trivial, frivolous or not made in good faith.
While the audit is ongoing, the commission may request the High Court to issue freeze orders concerning the property of the officer involved.
