Trouble for Teachers, Police Over Side Hustles

Teachers and police officers are facing trouble as their attempt to modify the Conflict of Interest Bill, 2023, was rejected by MPs.

The National Assembly currently undertakes a bill whose central goal is to eliminate side jobs among public officers. This entails creating a framework overseen by the Ethics and Anti-Corruption Commission (EACC) providing instruction on conflict of interest management whilst conducting official roles. The bill also encompasses the abolition and replacement of the Public Officers Ethics Act, and amendments to the Leadership and Integrity Act, the Ethics and Anti-Corruption Commission Act, and the Anti-Corruption and Economic Crimes Act. As a consequence, public officials involved in both public service and private practice stand at a crossroads: they must choose one or risk being forced out of public service due to a conflict of interest.

The bill's approval without alteration would result in the requirement for individuals entering public positions in Kenya to forgo private practice and focus solely on public duty. The Teachers Service Commission (TSC) and the National Police Service Commission (NPSC) have affirmed their discontent with specific provisions contained in the Bill- particularly clauses 8, 45, and 51. Consequently, alternative proposals are sitting for the Justice and Legal Affairs Committee for debate. However, their rationale for this move remains unclear. However, it is possible that their interest is influenced by the numerous side businesses teachers and police officers often engage in.

Head of TSC Dr. Nancy Macharia recommends removing the word "perceived" from Clause 8, which defines conflicts of interest for public officers, citing the potential for abuse. On the other hand, the NPSC suggests replacing "perceived" with "can be demonstrated." They argue that public officers, including the police, have diverse personal interests. However, the committee did not agree with the perspectives of the two commissions.