Ethics and Anti-Corruption Commission (EACC) has warned governors after they threatened to deny Nation Media Group (NMG) advertising jobs following an article titled “Eight governors on graft hit list” appeared on the Nation.
According to the anti-graft agency CEO Twalib Mbarak, the governors erred in issuing the directive which could set a dangerous precedent.
“Any accounting officer or any other public officer who may proceed to implement such unlawful instructions will be held personally liable,” he said.
“Your letter, therefore, amounts to unlawful instructions and the contemplated action by county government could render all culpable persons liable to the applicable legal consequences including criminal prosecution.”
Mbarak said the council via their chairman, Kakamega Governor Wycliffe Oparanya, violated article 10 and article 227 (1,3 and 21).
The article states that; “The national values and principles of governance in this Article bind all State organs, State officers, public officers and all persons whenever any of them; (a) applies or interprets this Constitution; (b) enacts, applies or interprets any law; or(c) makes or implements public policy decisions.
Article 227 of the Constitution says that (1) When a State organ or any other public entity contracts for goods or services, it shall do so in accordance with a system that is fair, equitable, transparent, competitive and cost-effective.
On Wednesday, Oparanya said the media house was on a smear campaign hence the suspension of adverts until the situation is rectified.
“The only reason we note that the media seems to be carrying out this smear campaign is only known to themselves. Therefore, no county shall advertise with NMG merchandise until the situation is rectified.”
Oparanya also warned other media houses against carrying stories that are “unverified.”
“Any other media house that will carry salacious stories about governors without verifying and therefore misinform the public and portray governors in negative light without any truth will face similar treatment,” he warned.