County Officials Who Effect Governors Directive Not To Advertise With Local Media To Be Prosecuted, EACC Warns

County staff who effect a directive by the Council of Governors not to advertise with a local media house shall be liable for criminal prosecution.

In a letter to the Council of Governors, Ethics and Anti Corruption Commission Chief Executive Office Twalib Mbarak says the directive is illegal, unconstitutional and seeks to victimize all Counties from seeking public services from a particular service provider in the Country.

“Be advised that such a move is inappropriate as it offends the constitution and relevant laws that govern acquisition of goods and services by public entities,” He said.

Twalib says the resolution by the Council violates Article 10b of the constitution which provides for equity, inclusiveness, equality and non-discrimination as binding considerations.

EACC further argues that the resolution is in contravention of Article 227(1) which requires procurement of goods and services by public entities including County Governments be done in accordance with a system that is fair, transparent, competitive and cost effective.

In the letter, Twalib also pointed out that the directive violates section 21 of Competition Act 2010, which prohibits restrictive trade practices as well as section 3 of the Public Procurement and Asset Disposal Act on values guiding procurement in the Country.

“Your letter amounts to unlawful instructions and the contemplated action by County Governments could render all culpable persons liable to applicable legal consequences,” He said.

The Council of Governors accuse the local media house of maligning Governors and portraying them as corrupt through its daily newspaper, and had directed County Governments to stop advertising with the media group until the situation is rectified.

EACC says the Council is at liberty to use legally established channels to pursue its grievances.