Ethics and Anti-Corruption Commission boss Twalib Mbarak. FILE |
The Ethics and Anti-Corruption Commission boss Twalib Mbarak warns the Council of Governors of criminal prosecution if they execute their threat to block adverts to Nation Media Group over “unfair coverage.”
In a statement confirmed by EACC boss Twalib Mbarak, EACC stated that the move is criminal and against the law following the Media Owners Association, Editors Guild and Media Council of Kenya in denouncing the move.
“Be advised that such a move is improper as it hurts the Constitution and relevant laws that govern possession of goods and services by Public Entities,” he said.
The EACC encountered the move for CoG to discontinue all advertising with the Nation Media Group after a graft story they said painted them as “corrupt, incompetent and unable to run their counties.”
In a memo approved by CoG chairman Wycliffe Oparanya, asked all county bosses to halt advertising with NMG and its partners until further notice.
“There has been a purposeful attempt by the media to slander Governors and portray them as corrupt, clumsy and incompetent to run their counties especially by the Nation Media Group as evidenced in the Daily Nation Newspaper headline of 8th September 2020, captioned ‘Eight Governors on graft hit list’,” read the statement.
The three are; Article 10 of the Constitution on National Values and Principles, Article 227 (1) of the Constitution on fair, equitable, transparent, competitive and cost-effective procurement of goods and services and Section 3 of Public Procurement and Asset Disposal Act, 2015 which requires Public Procurement and Asset Disposal by State Organs to be guided by Values.
“Your referenced letter, therefore, amounts to illegal directions and the mused action by County Governments could furnish all culpable persons liable to the applicable legal consequences, including criminal prosecution,” said Mr Mbarak.
“To this end, the Commission recommends the Council of Governors that the Resolution is criminal and further warns that any Accounting Officer or any other Public Officer who may go-ahead to implement such unlawful instructions will be held personally liable.”