Gag Order Not Hiding Graft - Muthaura Daily Nation 06 May 2004 Page: 3
The Government yesterday denied claims that the clampdown on the leakage of classified documents was intended to conceal corruption. The Head of Civil Service, Mr Francis Muthaura, was reacting to a front page story carried in Monday Daily Nation which revealed that he had complained about leakage of Government documents to the Press. Mr Muthaura had also called for the prosecution of the culprits behind the leaks.
Yesterday, he said the report was a misrepresentation of a circular he had issued regarding "the security of classified information in Government." But he reiterated that all civil servants must adhere to the Official Secrets Act to protect national security.
Mr Muthauras circular coincided with media reports about a Sh2.7 billion passport scandal in which the Government was accused of awarding the hefty tender without inviting bidders as required by law.
"I wish to correct the misrepresentation of the content of the circular by categorically stating that acts of corruption within the Government are criminal... Any civil servant who comes across information regarding corruption is required by law and the Civil Service Code of Regulation to report to the appropriate authority for action," said Mr Muthaura in a statement.
In its report, the Nation quoted a letter written to all permanent secretaries warning against the leakage of classified information to the Press and unauthorised persons or institutions.
The letter, reference number OP. CAB.3/62A, which has been circulated to departmental heads in all ministries warned that those who breached the directive would be dismissed from employment. "All civil servants are required to comply with the provisions of the Official Secrets Acts in order to protect national security for the orderly management of public affairs, Mr Muthaura said in his statement yesterday. "The circular under reference... should be understood in that context."
The Nation had reported that the Government was moving to stem leakage of confidential documents after Press revelations exposing the level of corruption became embarrassing. "Officers found to be releasing classified information to unauthorised persons should be suspended from the service or recommended for expulsion depending on the gravity of the subject," the notice read.
The notice expressed surprise that there have been no prosecutions of civil servants who leaked information to the Press.
The alarm on leaks coincided with the continuing exposure by the Press of corruption cases in the Narc Government even as it pursued Moi-era personalities over graft.
The circular came just a few days after a suspicious Sh2.7 billion contract for new passport-making equipment came to public attention. Ntonyiri MP, Mr Maoka Maore tabled secret Government documents in Parliament, including copies of cables confirming overseas payments.
Correspondence between the Immigration Department and the Treasury obtained by the Press indicated that the project was being imposed on the former, and was also in violation of procurement regulations.