The law and practice of leadership and integrity in Kenya : a disquisition of the post 2010 constitutional dispensation

Abstract

Ethical leadership is increasingly becoming a modern aspect of constitutionalism. Whereas entrenchment of ethics has recently gained momentum, ethics has existed in social relations since the advent of civilisation. Ethics, as a transcendent feature of socio-legal relationships, has existed in principles such as democracy, the rule of law, human rights, and republicanism, among others. Kantian ethics are duty-creating obligations that guide social and moral reason for action. Juxtaposed against this philosophical background, Kenya adopted a new constitution after years of prolonged struggle for its second liberation in 2010. The Constitution of Kenya is praised as one of the most transformative constitutions Kenya has ever had. Among its most animating (and admittedly ambitious) transformations is the chapter on leadership and integrity famously entrenched in Chapter Six. Several statutory enactments have been put in place for the implementation of this chapter of the Constitution. Despite the existing elaborate legal and institutional framework in Kenya, ethical leadership and a culture of integrity has remained largely elusive. Accordingly, this study constitutes a critique of the efficacy of the law and practice of leadership and integrity in Kenya.