Understanding Oath of Secrecy taken by new IG Douglas Kanja, what it means

Newly appointed Inspector General of Police in Kenya, Douglas Kanja, took solemn oaths of office and secrecy
The oath of secrecy is crucial for safeguarding sensitive government information and maintaining trust in public service in Kenya
The oath binds public officers to uphold integrity, maintain confidentiality, and protect classified government information

On assuming office, newly appointed Inspector General of Police Douglas Kanja took two solemn oaths: the oath of office and the oath of secrecy, following his approval by parliament.

While the oath of office is widely recognised and administered to all public servants, the often overlooked oath of secrecy plays an equally crucial role in safeguarding sensitive information.

But what exactly does the oath of secrecy entail, and why is it so important for public officers in Kenya?

To ensure the protection of classified government information and maintain trust in public service, all public officers are required to take the Oath of Secrecy upon their appointment.

This oath binds them to uphold the integrity of the office and maintain confidentiality during their tenure.

Inspector General of Police Douglas Kanja when he took oath of office Inspector General of Police Douglas Kanja when he took oath of office Pulse Live Kenya

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What is the oath of secrecy?

The Oath of Secrecy is a formal declaration taken by public officers in Kenya, committing them to preserve the confidentiality of any information obtained in the course of their duties.

The purpose of this oath is to protect sensitive government data from unauthorised disclosure, which could undermine national security, compromise the government's operations, or harm the public interest.

This oath is administered to officers in various public institutions, including government ministries, parastatals, and other state agencies.

Upon taking the oath, the officers are legally bound to maintain the highest standards of confidentiality, even after leaving public service.

Legal basis for the oath of secrecy

The Oath of Secrecy is entrenched in Kenya’s legal framework through the Official Secrets Act (Cap 187 of the Laws of Kenya).

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This legislation outlines the rules concerning the handling of official information, particularly sensitive or classified data, by public officers.

The Act clearly stipulates that any unauthorised sharing or leaking of classified information is an offence, punishable by law.

The Act is designed to protect state secrets and sensitive information that, if leaked, could compromise national security, hinder the government's ability to operate effectively, or jeopardise international relations.

Key elements of the oath

Public officers take this oath before assuming their duties, swearing to:

Maintain absolute secrecy regarding any classified information, records, or documents they encounter.
Only share or use such information within the scope of their duties and with authorised personnel.
Refrain from using official information for personal gain or any other unauthorised purpose.
Continue to uphold the secrecy even after their term in office ends.

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The public officer swears or affirms to perform their duties without fear or favour, ensuring that they do not misuse their position or the confidential information they are entrusted with.

Why the oath of secrecy matters

The Oath of Secrecy serves multiple purposes:

Preservation of national security: Confidentiality protects critical information like intelligence reports and security operations, preventing risks to national security and lives.

Protection of public interest: Safeguards sensitive public data (e.g., personal info, legal matters, financial data), preventing identity theft, fraud, and privacy violations.

Maintaining trust in public institutions: Builds public confidence by ensuring government integrity through confidentiality.

Preventing misuse of information: Stops public officers from exploiting insider information for personal gain or corruption.

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Penalties for breaching the oath

A breach of the Oath of Secrecy is a serious offence under the Official Secrets Act. Individuals who leak confidential information, either during or after their service, face strict legal consequences. Penalties include:

Imprisonment: The Act provides for imprisonment for individuals found guilty of disclosing classified information.
Fines: In some cases, hefty fines are imposed on those who violate the oath.
Dismissal from office: Any public officer who breaks this oath can face disciplinary action, including termination of employment or a lifetime ban from holding public office.