A former board member of a top private hospital has penned a letter detesting a senior State employee who holds two full-time jobs, one at the hospital and another in a parastatal which is against Leadership and Integrity Act.
In a letter dated August 4, Robert Shaw protested Dr Magdalene Muthoka's position as chief manager of HR and Adminstration at New KCC and a board management member at a private hospital.
The law does not allow high-ranking officials to hold full-time jobs concurrently due to conflicts of interest among other integrity issues.
"Is it correct that (the accused) should hold two such positions, one in government and one in the private sector, concurrently? Is this not in conflict with the relevant provisions of the Leadership and Integrity Act?" Questioned the complainant.
"I request you and the Board of Trustees look into these very important and pressing matters and advise the chairman of the board and any other parties accordingly in the interest of good governance, the well-being and reputation of the hospital."
In December 2018, a separate petition was also filed seeking the accused to step aside from the private sector position over abuse of office.
The accused reportedly participated in an irregular transfer of funds amounting to Ksh475 million without the consent of the members.
The petitioner, therefore, sought for the accused and two others to pave way for investigations arguing that their continued stay in office would tamper with the case witnesses.
As of 2020, the case was yet to be determined.
What the Law Says
According to Section 77 of the Constitution of Kenya, a full-time state officer is barred from participating in any other gainful employment.
The section means that the individuals cannot pursue and perform duties for money or other form of compensation or remuneration which is inherently incompatible with the responsibilities of the State office.
The individuals are also barred from holding a position in a political party.
Section 76, on the other hand, directs that 'a gift or donation to a State officer on a public or official occasion is a gift or donation to the Republic and shall be delivered to the State unless exempted under an Act of Parliament.'
State officers are, therefore, also barred from maintaining a bank account outside Kenya except in accordance with an Act of Parliament.
The Constitution is, however, unclear on the distinction between a full-time state officer, a public officer, and a part-time state officer.
