National Assembly Deputy Speaker Gladys Boss Shollei has ignited a contentious debate with her proposal for an amnesty aimed at civil servants holding fake academic certificates.
Shollei suggests that these employees be allowed to resign without facing arrest or prosecution, a stance that clashes with President William Ruto's firm stance on the issue.
Speaking on Citizen TV, Shollei advocated for a lenient approach, stating, "Let us have an amnesty where anyone with a fake degree or certificate is given an opportunity to resign and no one will come after them." She believes this approach would facilitate the cleansing of the system without overwhelming the judiciary.
However, President Ruto, last week while making an address at the National Wage Bill Conference, took a hardline stance, demanding resignations and repayment of salaries earned through fraudulent means. He stated, "Those who have earned money using fake certificates should refund us our public money."
The clash between Shollei's proposal and Ruto's call for accountability points to the complexity of addressing the issue of fake academic credentials within the public service.
The Public Service Commission (PSC) has identified over 2,000 civil servants working with forged certificates. According to PSC's findings, common types of forgery include alteration of exam grades, presentation of fake certificates, and misrepresentation of academic qualifications.
EACC Chairman David Oginde, CEO Twalib Mbarak, and Director of Criminal Investigations Mohamed Amin have assured the public of swift action against those involved in such fraudulent activities. They vowed to recover illegally earned salaries and pursue criminal prosecution where necessary.
Despite the seriousness of the issue, in March, the Ethics and Anti-Corruption Commission (EACC) hinted at the possibility of alternative dispute resolution for individuals willing to return unlawfully acquired salaries. However, this approach does not absolve them of potential criminal charges.
Charles Rasugu, the North Rift EACC Regional Manager, urged offenders to surrender their ill-gotten earnings voluntarily.
The proposal for amnesty has sparked mixed reactions among stakeholders. While some argue for leniency to encourage voluntary resignations, others stress the need for strict enforcement of the law to deter future misconduct.
The Commission may still recommend that the suspects be charged with a crime, according to the EACC, even though the law allows it to use Alternative Dispute Resolution (ADR) procedures in civil cases to recover assets or money that have been lost or stolen due to dishonest or fraudulent behaviour.
"For instance, salaries and benefits earned by public officials on the basis of forged academic qualifications are recoverable in full. If a suspect engages the Commission for ADR to voluntarily surrender what they have earned over the years, it is only the civil cases for recovery that will not continue. The ADR mechanism does not in any way waive criminal culpability," EACC spokesperson Eric Ngumbi stated in a past interview with Business Daily.
