Bill pushes for mandatory integrity tests before hiring

Irresponsible behaviour could soon cost you a job as the government pushes for mandatory integrity tests for Kenyans seeking employment in the public service.

This will, however, come to pass if the Statute Law (Miscellaneous Amendments) Bill 2022 before the National Assembly — which seeks to amend 56 pieces of legislation — becomes law.

The Bill proposes to amend the Leadership and Integrity Act of 2012 to give the Ethics and Anti-Corruption Commission (EACC) the sole mandate of undertaking the integrity tests on those seeking employment.

This includes fresh graduates and those already in public, private or in informal employment. The Bill also targets individuals who may have looted or connived to loot public funds.

“Where a public entity is recruiting staff, it shall, within seven days after shortlisting of candidates for any position for which appointment is considered, submit the list of all the candidates to [EACC] for integrity suitability verification,” the Bill states.

If enacted, those who often lead strikes in college may find it extremely difficult getting jobs in the public service. Cases of students going on the rampage and setting their institutions ablaze have been rampant.

Although not explicit, the Bill targets those who cause public disturbances that lead to loss of lives or damage to property. Recruiting officers will take into account recommendations of the EACC on the integrity suitability of candidates. The Bill will lock out tainted or “toxic” characters from the service, which means that those already in employment — whether in public or private service — will be subjected to the integrity test. Currently, integrity tests are only limited to those seeking employment as state and public officers.

The Bill also seeks to include those intending to be appointed to a public office among those required to submit a self-declaration form that contains moral and ethical questions, personal identification details, birth information, marital status, level of education, and employment data if any, to the EACC.

“In making the recommendations, the EACC may consider any other information with respect to the integrity suitability of the applicant,” states the Bill.

Previously, it was a requirement for graduates to produce their Kenya Revenue Authority (KRA), Higher Education Loans Board (Helb), Directorate of Criminal Investigations (DCI) and EACC clearance certificates while applying for a job.

However, the enactment of the Employment (Amendment) Bill 2019 by nominated MP Gideon Keter exempted graduates from the agony of producing clearance certificates from the state agencies. Mr Keter argued that “an employer shall not perceive job seekers as criminals”. “Job seekers should not be [forced to] prove that they are not criminals or haven’t engaged in any crime in the past. Kenya is not graduating criminals from universities and colleges every year,” Mr Keter said.

He said it would be more sensible for employers to hire people first then ask them to produce the relevant documentation once they have been absorbed.