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ENTRENCHING GOOD GOVERNANCE AND INTEGRITY IN PUBLIC OFFICE

BY

MUMO MATEMU, MBS

CHAIRPERSON, ETHICS AND ANTI-CORRUPTION COMMISSION

PRESENTED AT THE ANNUAL CONFERENCE ON DEVOLUTION AND

GOOD GOVERNANCE ON THE ROLE OF CONSTITUTIONAL COMMISSIONS

AND INDEPENDENT OFFICES HELD AT LEISURE LODGE BEACH RESORT

IN MOMBASA 28TH-30TH AUGUST, 2013

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Table of Contents

I. INTRODUCTION

II. DEFINITION OF CONCEPTS

A. Governance................................................................................................. 4

B. State Officers and Public Officers ................................................................. 4

III. LEGAL FRAMEWORK

A. The Constitution ......................................................................................... 5

B. The Ethics and Anti-Corruption Commission Act, 2011 (herein referred to as

“the EACC Act”). ................................................................................................... 6

C. Leadership and Integrity Act, 2012 .............................................................. 7

IV. GOOD GOVERNANCE AND INTEGRITY

A. Transparency ................................................................................................... 10

B. Accountability .................................................................................................. 11

C. Public Participation.......................................................................................... 12

D. Rule of law ....................................................................................................... 12

E. Responsiveness................................................................................................ 12

F. Consensus oriented ......................................................................................... 12

G. Equity and Inclusiveness................................................................................. 13

H. Effectiveness and Efficiency............................................................................. 13

V. GOVERNANCE AND HUMAN RIGHTS

VI. INTEGRITY AND GOOD GOVERNANCE IN DEVOLVED GOVERNMENT

A. Structure of County Governance in Kenya ...................................................... 15

B. Priority Areas On Corruption Prevention In County Governments ................. 16

1. Public Procurement

2. Recruitment of Personnel

3. Planning and Management of Projects

4. County Public Financial Management

5. County Legislative Duties

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VII. ROLE OF EACC IN PROMOTING GOOD GOVERNANCE AND INTEGRITY

VIII. WAY FORWARD

IX. CONCLUSION

XII. REFERENCES

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I. INTRODUCTION

This paper focuses on the relationship between human rights, integrity and

good governance in public office. The paper discusses the mechanisms for the

protection of human rights and the promotion of good governance as is

established under the Constitution of Kenya, 2010 (herein referred to as “the

Constitution”) and the oversight role the Ethics and Anti-Corruption

Commission (herein referred to as “the EACC”) in implementing the Leadership

and Integrity Act, 2012.

II. DEFINITION OF CONCEPTS

A. Governance

According to the United Nations Economic and Social Commission for Asia and

the Pacific (ESCAP), "governance" means: the process of decision-making and

the process by which decisions are implemented (or not implemented).

Governance can be used in several contexts such as corporate governance,

international governance, national governance and local governance.

According to the United Nations Office of the High Commissioner for Human

rights, good governance is the process whereby public institutions conduct

public affairs, manage public resources and guarantee the realization of

human rights in a manner essentially free of abuse and corruption, and with

due regard for the rule of law. The true test of "good" governance is the degree

to which it delivers on the promise of human rights: civil, cultural, economic,

political and social rights. The key question is: are the institutions of

governance effectively guaranteeing the right to health, adequate housing,

sufficient food, quality education, fair justice and personal security?

B. State Officers and Public Officers

State officers and public officers may be distinguished as follows; A State

Officer under Article 260 of the Constitution is defined as a holder of a state

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office. Further it refers to a person who holds an office established by the

Constitution or an office which is designated as a state office by national

legislation while a Public Officer is a person who holds an office in the national

government, a county government or the public service, and the remuneration

and benefits of the office are payable directly from the Consolidated Fund or

directly out of money provided by Parliament. A Public Officer therefore

includes a State Officer.

For the purpose of this paper the terms state officer and Public officer are used

interchangeably as provided under Section 52 of the Leadership and Integrity

Act which provides for the application of Chapter Six of the Constitution and

the Act to public officers as if they were state officers.

III. LEGAL FRAMEWORK

A. The Constitution of Kenya 2010

The Constitution introduced a major shift in the governance of Kenya. There

are several provisions in the Constitution which aim at transforming

governance and leadership as well as guiding the holders of public office.

Article 10 of the constitution lists the national values and principles of

governance. It provides that the national values and principles of governance

espoused therein bind all State organs, State officers, public officers and all

persons whenever any of them applies or interprets the Constitution, enacts,

applies or interprets any law or makes or implements public policy decisions.

Article 10 lists the national values as being:

i. Patriotism, national unity, sharing and devolution of power,

ii. the rule of law, democracy and participation of the people;

iii. human dignity, equity, social justice, inclusiveness, equality,

iv. human rights, non-discrimination and protection of the marginalised;

v. good governance, integrity, transparency and accountability; and

vi. Sustainable development.

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Chapter 6 and Chapter 13 of the Constitution which provide for leadership and

integrity and principles of public service respectively further ensure that the

good governance is achieved.

B. The Ethics and Anti-Corruption Commission Act, 2011 (herein

referred to as “the EACC Act”).

The war against corruption in Kenya is a priority of the Kenya Government.

One major achievement was the enactment of the Kenya Constitution 2010,

which entrenches the fight against corruption in the constitution, providing a

strong foundation for an effective legislative and institutional anti-corruption

framework. Chapter Six of the Constitution of Kenya 2010 deals with

leadership and Integrity and Article 79 of the Constitution provides for the

establishment of the Ethics and Anti-Corruption Commission.

The mandate of the Ethics and Anti-Corruption Commission is investigation of

corruption offences and economic crime, preservation and recovery of corruptly

acquired property; ensuring compliance with the codes of ethics and integrity,

public education and awareness, prevention, conciliation, mediation and

negotiation.

By dint of section 11(1) (d) of the EACC Act the Commission is mandated to

investigate and recommend to the Director of Public Prosecutions the

prosecution of any acts of corruption, economic crimes, or violation of codes of

ethics or other matter prescribed under the Act, or any other law enacted

pursuant to Chapter Six of the Constitution;

Although the EACC Act does not make provision for Prosecutorial powers, the

Commission has worked closely with the office of Director of Public

Prosecutions. Under Office of the Director of Public Prosecutions Act No. 2 of

2013, the Director of Public Prosecutions (DPP) has Power to appoint Public

Prosecutors. In that regard therefore the Commission will appeal to this office

to gazette of our officers as Public Prosecutors.

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EACC’S Oversight Role in Implementation of Chapter 6 of the

Constitution

The Framework for Commonwealth Principles on Promoting Good Governance

and combating Corruption1 elucidates the import of rule of law to the

promotion of good governance and combating corruption to the public service

as follows; the rule of law should apply to all those involved in the

administration and provision of services in the public interest, as it does to the

whole of civil society. Those holding offices of trust need to be bound by well

publicised Codes of Conduct with appropriate sanctions for breaches that are

enforced consistently and vigorously. These Codes should, inter alia, cover:

standards of integrity, potential conflicts of interest, acceptance of gifts, and

misuse of information for personal gain, and disclosure of assets and financial

interests. Ethical standards should be promoted through education and

training where necessary which instil pride in the virtues of integrity,

professionalism, efficiency, transparency and impartiality in the public service.

C. Leadership and Integrity Act, 2012 (herein referred to as “the L & I Act”).

In Kenya the Leadership and Integrity Act enacted pursuant to Article 80 of the

Constitution operationalizes Chapter Six if the Constitution which relates to

leadership and integrity. The Act along with other laws enacted under the

constitution, establishes procedures and mechanisms to ensure that State

Officers uphold and respect the values, principles and requirements of the

Constitution while discharging public duty. These provisions apply to both

State Officers and Public Officers.

The Act provides for, inter alia: the establishment of General Leadership and

Integrity Code; Specific leadership and Integrity Codes; Enforcement of the

1 Report of the Commonwealth Expert Group on Good Governance and the Elimination of Corruption endorsed by

Heads of Government at their Summit in Durban in 1999 as the basis for pursuing concerted strategies based on ‘zero tolerance’ for all types of corruption at national and global levels.

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Leadership and Integrity Code; General Provisions; Transitional Provisions and

two important schedules: Self-Declaration Form (by persons seeking election to

State offices (in the national and county governments), and Registrable

Interests (that State officers should declare in cases of conflicts of interest).

The role played by the EACC in promoting Integrity in public institutions is one

of an oversight nature. Prior to the enactment of the Constitution issues of

integrity of public officers in governance were covered under the Public Officer

Ethics Act, 2003 (herein referred to as “the POEA”).

Part II of the Leadership and Integrity Act establishes the General Leadership

and Integrity Code (herein referred to as “the General Code”). Chapter Six of the

Constitution forms part of this Code and it binds both State Officers and Public

Officers. Among others the code provides as follows:-

• It declares the State office to be a public trust.

• It requires State officers to act with integrity.

• It prohibits conflicts of interest, dishonesty and other unethical behavior.

• It declares the guiding principles of leadership and integrity.

• It prohibits State officers from operating bank accounts outside Kenya.

• It prohibits double employment and other activities by State officers in

certain circumstances.

The Act provides that Public Institutions should have a self governance

structure and mechanism. The Act further provides that every public entity is

required to prescribe a Specific Leadership and Integrity Code for the State

Officers in that entity. The Code must include all the requirements in the

General Leadership and Integrity Code under Part II of the Act and other

provisions relevant to the public entity. Once formulated, the Code should be

submitted to the Commission for consideration and approval. Enforcement of

the Codes approved by the EACC is key promotion of integrity. This code will

further bolster the development of good governance in the public institutions.

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Integrity is key to the promotion of good governance by Public Officers in

carrying out their mandate. It helps in :-

a. Focusing on the purpose of public service.

b. Making informed transparent decisions in public office

c. Establishing clear relationships between the public and Public servants

d. Promoting good standards and efficiency among Public servants

In this regard the EACC is committed to carrying out its oversight role to

ensure that public institutions maintain a strict code of integrity. Section 40 of

the Act requires that state officers sign the specific codes provided by the

institution and approved by EACC. Section 41 of the Act further provides that

where the code so signed by the Officer is breached this would amount to

misconduct and the officer would be liable to disciplinary proceedings. The

procedure to be followed where a complaint is lodged against a state officer is

provided under section 42 of the Act.

Section 42 provides that a person who alleges that a State officer has

committed a breach of the Code may lodge a complaint with the relevant public

entity and the public entity shall register and inquire into the complaint. The

entity may authorize any of its officers to inquire into a complaint on its behalf

and determine whether a State officer has contravened the Code. Further, an

investigation may be made at the instance of a public entity. Both the State

officer being investigated and the person who lodges the complaint, are

informed by the investigating authority, of the complaint made against that

State officer and shall be given a reasonable opportunity to make a

representation relating to the issue, before the investigation is concluded.

Where an investigation under this section is initiated while the State officer is

in office, it may be continued even after the person under investigation has

ceased to be a State officer.

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The EACC is empowered under section 42 to prescribe disciplinary

mechanisms and procedures to be followed in the event of contravention of the

Code, and those mechanisms and procedures shall comply with Article 47 of

the Constitution which provides that every person has a right to fair

administrative action or any other applicable written law for the time being in

force. In this regard the Commission is in the process of drafting Regulations

which will provide for the elaborate mechanisms for the disciplinary measures

to be taken against public officers who act in breach of the L & I Act.

Section 43 of the Act provides for partnerships between the EACC and other

bodies in providing sanctions for the breach of the Codes. It provides for

referral of proceedings to the EACC or the Attorney-General, with respect to

civil matters; the Director of Public Prosecutions, with respect to criminal

matters; or any other appropriate authority which is mandated to handle the

breach where applicable.

IV. GOOD GOVERNANCE AND INTEGRITY

The United Nations Economic and Social Commission for Asia and the Pacific

(ESCAP) lists 8 major characteristics of good governance. Good governance is

said to be participatory, consensus oriented, accountable, transparent,

responsive, effective and efficient, equitable and inclusive and follows the rule

of law. It ensures that corruption is minimized, the views of minorities are

taken into account and that the voices of the most vulnerable in society are

heard in decision-making. It is also responsive to the present and future needs

of society.

A. Transparency

Transparency is taken here to mean that reliable, relevant, and timely

information about the activities of government is available to the public.

Transparent governance means that the citizens know what the public

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administration is doing, how it is doing it, and why it is doing it, including its

planning for the future

It means that decisions taken and their enforcement are done in a manner that

follows rules and regulations. Further, transparency has been also defined to

mean that information is freely available and directly accessible to those who

will be affected by such decisions and their enforcement.

B. Accountability

Accountability is a key requirement of good governance. Not only governmental

institutions but also the private sector and civil society organizations must be

accountable to the public and to their institutional stakeholders. Who is

accountable to whom varies depending on whether decisions or actions taken

are internal or external to an organization or institution. In general an

organization or an institution is accountable to those who will be affected by its

decisions or actions. Accountability cannot be enforced without transparency

and the rule of law.

Good governance is an ideal which is difficult to achieve in its totality. Very few

countries and societies have come close to achieving good governance in its

totality.

In implementing the Constitution of Kenya, 2010 the Country has began the

tough road to the achievements of the ideals of good governance. The EACC is

committed to ensuring that good governance is reached through fulfilling its

mandate as provided under the Act. The L & I Act seeks to promote the

principles of good governance among state and public officers. Section 10 of the

Act provides that in carrying out their responsibilities a state officer is bound

to:

(a) carry out the duties of the office efficiently and honestly;

(b) carry out the duties in a transparent and accountable manner;

(c) keep accurate records and documents relating to the functions of the office;

and

(d) report truthfully on all matters of the organization which they represent.

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C. Public Participation

Democratic states should have a mechanism through which leaders consult

and account to the citizenry .Participation by all members of the society is a

key cornerstone of good governance. Participation could be either direct or

through legitimate intermediate institutions or representatives-including public

institutions and other elected public officers. It involves participation of both

public and private sectors. Participation needs to be informed and organized.

This means freedom of association and expression on the one hand and an

organized civil society on the other hand.

D. Rule of law

Good governance requires fair legal frameworks that are enforced impartially. It

also requires full protection of human rights, particularly those of minorities.

Impartial enforcement of laws requires an independent judiciary and an

impartial and incorruptible police force.

E. Responsiveness

Effective accountability demands responsiveness from institutions and

organisations that hold power. Responsiveness implies the capacity to deliver

public policies and programs in an effective, efficient and participatory

manner. It also entails the ability of the system of governance to respond to

the respective stakeholders. Responsiveness in the case of governments

includes the ability of the state and its institutions to respond to the needs of

the people by delivering public services and goods in an effective and efficient

manner, while respecting and protecting human rights.

F. Consensus oriented

There are several actors and as many view points in a given society. Good

governance requires mediation of the different interests in society to reach a

broad consensus in society on what is in the best interest of the whole

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community and how this can be achieved. It also requires a broad and long-

term perspective on what is needed for sustainable human development and

how to achieve the goals of such development. This can only result from an

understanding of the historical, cultural and social contexts of a given society

or community.

G. Equity and Inclusiveness

The long-term cohesion of every society depends on ensuring that all its

members feel that they have a stake in the society and not to feel excluded

from the rest of society. It is imperative that all groups, especially the most

vulnerable, are afforded opportunities to improve or maintain their well-being.

H. Effectiveness and Efficiency

Good governance means that processes and institutions produce results that

meet the needs of society while making the best use of resources at their

disposal. The concept of efficiency in the context of good governance also covers

the sustainable use of natural resources and the protection of the environment.

V. GOVERNANCE AND HUMAN RIGHTS

The concept of good governance can also be linked to principles and rights set

out in the main international human rights instruments.

The Constitution of Kenya, 2010 under article 2(6) states that any treaty or

convention ratified by Kenya will form part of the Kenyan law. In this regard it

is important to establish the relationship between human rights and good

governance for the protection of human rights as is entrenched in international

treaties and Conventions.

Under international anti-corruption treaties like the United Nations Convention

against Corruption and the African Union Convention on Preventing and

Combating Corruption, anti-corruption measures must be compatible with

human rights principles and should not infringe the rights of those involved.

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Corruption, no doubt denies people the fundamental rights guaranteed under

the Constitution and under the international human rights instruments,

among them the United Declaration of Human Rights (UDHR), the

International Covenant on Civil and Political Rights (ICCPR), the International

Covenant on Economic, Social and Cultural Rights (ICESCR) and the African

Charter on Human and Peoples’ Rights (ACHPR).

Article 21 of the Universal Declaration of Human Rights recognizes the

importance of a participatory government and article 28 states that everyone is

entitled to a social and international order in which the rights and freedoms set

forth in the Declaration can be fully realized.

Article 2 of the International Covenant on Civil and Political Rights requires

states parties to respect and to ensure the rights recognized in the Covenant

and to take the necessary steps to give effect to those rights. In particular,

states should provide an effective remedy to individuals when their rights are

violated, and provide a fair and effective judicial or administrative mechanism

for the determination of individual rights or the violation thereof. Under the

International Covenant on Economic, Social and Cultural Rights, states are

obliged to take steps with a view to achieving progressively the full realization

of the rights recognized in the Covenant by all appropriate means.

In general comment No. 12, on the right to food, the Committee on Economic,

Social and Cultural Rights2 stated that “Good governance is essential to the

realization of all human rights, including the elimination of poverty and

ensuring a satisfactory livelihood for all.” Although corruption affects everyone,

its effects are particularly harmful to the poor as the bribes they pay constitute

a big portion of their income.

2 Right to adequate food (Twentieth session, 1999), U.N. Doc. E/C.12/1999/5 (1999), reprinted in Compilation of General Comments and General Recommendations Adopted by Human Rights Treaty Bodies, U.N. Doc.

HRI/GEN/1/Rev.6 at 62 (2003).

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The UN Committee on the Rights of the Child has on several occasions

addressed the issue of governments’ capacity to coordinate policies for the

benefit of the child and the issue of decentralization of services and policy-

making. It has also addressed corruption as a major obstacle to the

achievement of the Convention’s objectives. The Human Rights Committee

generally addresses issues related to the provision of adequate remedies, due

process and fair trial in the context of the administration of justice in each

state. It regularly emphasizes the importance of independent and competent

judges for the adequate protection of the rights set forth in the Convention.

VI. INTEGRITY AND GOOD GORVENANCE IN DEVOLVED

GOVERNEMNT

A. Structure of County Governance in Kenya

The overall responsibility for the governance of each county is vested in the

county government, which consists of the County Assembly and County

Executive Committee. Political governance is vested in the following institutions

which execute different functions in the management of county affairs:

• Governor and Deputy Governor - responsible for policy and executive

leadership of the County.

• County Executive Committee - the ‘cabinet’ of the county which

exercises the executive authority. It comprises the Governor, his Deputy

and other members appointed by the Governor with approval of the

County Assembly. It is responsible for administration and

implementation of county legislation.

• County Assembly - It is composed of the County Representatives elected

by voters, nominated members and the Speaker who is an ex officio

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member. Its role is to make laws for the County; exercise oversight

function and represent the county electorate.

B. Priority Areas On Corruption Prevention In County

Governments

1. Public Procurement

Procurement is often referred to as a haven of graft. Corruption and corruption

risks can take place along the entire cycle of public procurement starting from

need assessment phase to the final accounting and audit. It is worth noting

that many of Kenya's large corruption scandals have involved public

procurements by local or foreign companies. Currently, about 80% of cases

received and investigated by the Commission are procurement related. This is

despite there being an exhaustive legal framework to regulate and govern

public procurement and disposal. Corrupt practices to be on the look out for in

procurement include;-

• Over estimation of required quantities of goods, services or works

• Unjustified procurements

• Failure to adhere to the law, set guidelines and procedures on

procurement

• Emergency procurements arising from failure to plan

• Split procurement to defeat the law

• Conflict of interest

• Bid rigging and collusion

• Issue of Kickbacks

• Late payment of invoices which acts as an inducement to pay a bribe

2. Recruitment of Personnel

County governments have been given a leeway to recruit and appoint persons

to various positions. The risk of corruption on this area is rife, especially this

period when the county governments are establishing their structures which

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need staffing. It is expected that job seekers will use political influence, money

or any other form of inducement to get employment. This in turn is likely to

attract a pool of non professionals and inexperienced staff. Recruitment moves

hand in hand with promotions and transfers, and these are also likely to be

abused. Malpractices check against include;-

• Failure to observe meritocracy in appointment

• Ad hoc employments without guidelines

• Interested parties being involved in preparation of job requirements

• Failure to advertise or limited circulation of adverts

• Employing and deploying staff for personal interest or punitive purposes

• Failure to set standards for employees

• Maintenance of ghost employees

• Failure to retire employees who reach retirement age

3. Planning and Management of Projects

The success of any project depends on adequate conception, definition,

planning, organization, implementation and closure. This denotes the

requirement of accountability, transparency and integrity in the management

of projects at all levels, and of whatever magnitude. The Anti-Corruption and

Economic Crimes Act criminalizes engaging in a project using public resources

without prior planning. Corruption risks to watch out for in projects

management include;-

• Inconsistency of projects with county objectives or priorities

• Falsified needs

• Absence of initial surveys and planning

• Unrealistic and inaccurate budget estimates

• Failure to get requisite authorizations

• Lack of monitoring

• Poor standards

• Failure to engage stakeholders

• Irregularly issued certificates and payment authorizations

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4. County Public Financial Management

Financial management is the practice of planning, organizing, controlling and

directing all aspects of public finance including acquisition, investment,

safeguarding and utilization. Prudent financial management by county

governments is critical to their success. Some risks that could impair prudent

financial management include;-

• Disregard of laws and government regulations,

• Unqualified or incompetent staff,

• Weak internal controls,

• Poor planning,

• Poor record keeping and accounting systems.

5. County Legislative Duties

In the recent past, Kenya has witnessed a rise in corrupt dealings involving

Members of Parliament in the process of making laws. An expose carried out by

a media house in 2009, indicated that a string of wealthy politicians and

business magnates, were bribing a section of MPs in the guise of lobbying them

to debate or vote in a way that favours their interests. The consequence is that

crucial reports were adopted or thrown out, motions passed or rejected, and

certain clauses introduced or removed from Bills before the House, based

purely on these partisan interests. This scenario is highly likely to be replicated

at the County Government. Powerful politicians in the Senate or Parliament

and wealthy businessmen are likely to exert pressure or monetary inducement

to the County Executive Committees in preparations for legislation that favour

their interests.

VII. ROLE OF EACC IN PROMOTING GOOD GOVERNANCE AND

INTEGRITY

In the last year 2012-2013, the Commission received and analyzed a total of

5,230 reports and recovered public assets valued at about Kshs 520 million

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(US$ 6.1 million). During the same period, the Commission conducted

corruption disruption activities that averted the loss of Kshs 1,208,200,000

(US$ 14.2 million).

On corruption prevention, the Commission continued to review systems,

policies and procedures of public institutions to identify corruption loopholes

and recommend ways of eliminating them, capacity building and corruption

prevention committees under the public service integrity program. The

Commission conducted public education and awareness creation through

outreach clinics, the media, and regional forums and workshops under the

umbrella of the Kenya Integrity Forum. In addition, the Commission continued

to offer advisory services; enhancing integrity in the public service; promoting

standards and best practices; building partnerships and coalitions against

corruption and undertaking research on corruption and governance related

issues.

VIII. WAY FORWARD

• As the Commission prepares the Regulations as envisaged under section 54

of the Leadership and Integrity Act, public Institutions are encouraged to

cooperate and contribute to this process so as to ensure the process is

effective and expedient.

• As we await the finalization of the above stated Regulations, the

Commission encourages that all public Institutions develop and submit

their specific codes of conduct as is required under section 37 of the

leadership and integrity code for approval by the Commission.

• To effectively carry out its mandate, the EACC encourages inter-agency

cooperation. This will include strengthening ties with the office of the DPP in

prosecution of cases dealing with corruption among other stakeholders. This

cooperation will ensure that information delivered to the Commission in the

course of investigation by other agencies is accurate and dependable.

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IX. CONCLUSION

I would like to thank you for the opportunity to present this paper. Integrity

remains a personal attribute and good governance may be achieved if we all

work on our personal integrity.

Thank you

X. REFERENCES

1. Framework for Commonwealth Principles on Promoting Good Governance

and Combating Corruption.

2. http://www.ohchr.org/en/Issues/Development/GoodGovernance/Pages/G

oodGovernanceIndex.aspx

3. http://www.unescap.org/pdd/prs/ProjectActivities/Ongoing/gg/governanc

e.asp

4. The Good Governance Standard for Public Services By the Independent

Commission for Good Governance in Public Services.

5. Integrity, Transparency and Accountability in Public Administration: Recent

Trends, Regional and International Developments and Emerging Issues-UN

PAPER by Elia Armstrong August 2005.

6. Gathii James, ‘Defining the Relationship between Corruption and Human

Rights’ (2009), available at http:/ / works.bepress.com/ james_gathii/4

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