Nairobi –
In Kenya’s often murky world of public service accountability, one phrase stirs both confusion and suspicion: “stepping aside.”
When a high-ranking official temporarily walks away from office, Kenyans are right to ask-is it resignation or just a political smoke screen?
Legally speaking, stepping aside is neither an admission of guilt nor a permanent exit. It’s a pause. A tactical and often strategic move that allows a public officer to vacate their duties-temporarily-while investigations take place.
What the Law Says
Kenya’s 2010 Constitution doesn’t use the term “stepping aside” directly, but the principle is rooted in the country’s legal framework, particularly in provisions about integrity, transparency, and public trust.
“Public officers must bring honour to the nation and avoid conflicts of interest,” says Article 73(2) of the Constitution.
This idea is further reinforced in Chapter Six on Leadership and Integrity, which requires all state officers to act in a way that avoids any appearance of bias or interference.
When a public officer, such as a Deputy Inspector-General (DIG) of Police, says they’ve “stepped aside,” it typically means they are voluntarily moving aside from their role-without resigning-so that investigations can proceed without obstruction or perceived influence.
The National Police Service Act (2011) also provides backing. Under Section 24, for example, the DIG is allowed to delegate responsibilities temporarily. That’s key. Delegating authority doesn’t mean abandoning post-it means preserving institutional order.
According to Section 108, police officers can also be suspended or removed through disciplinary action. But stepping aside is different. It’s not punishment. It’s a precaution.
And under the Leadership and Integrity Act (2012), Sections 11 and 12 demand that public officers avoid compromising any official process, especially when under investigation.
“Stepping aside supports the principle of transparency and ensures the integrity of the investigation is not undermined,” said a senior constitutional lawyer, who asked not to be named due to the sensitivity of ongoing cases.
Not a Resignation-And That’s Crucial
In recent weeks, Kenyans have witnessed yet another senior figure “opting to step aside.” But legal experts stress that the language matters.
The individual did not submit a formal resignation to the President or the National Police Service Commission, as required by law for a resignation to be official. Instead, the letter stated clearly: the deputy will assume the role “until completion of the investigations.”
This move preserves the officer’s right to return if cleared.
“It’s a legal grey area, but it’s not an exit,” said an official at the Ethics and Anti-Corruption Commission. “It’s about managing public confidence while investigations run their course.”
A Worrying Trend-or a Necessary Tool?
For the public, the phrase “stepping aside” can sound like a political tactic-one that’s often followed by silence, then a quiet return to office, rarely with accountability.
Some civil society groups warn that unless followed by full transparency, such moves can erode trust.
“The public deserves clarity. Stepping aside shouldn’t be used as a shield to avoid consequences,” said Nduta Wambui, an advocate for government accountability.
However, defenders argue that it’s a legal and necessary option in a country where due process must be upheld.
“Presumption of innocence is fundamental. But so is public trust. This legal mechanism tries to balance both,” said legal scholar Dr. Patrick Lumumba.
What to Watch Next
The law is clear: stepping aside is allowed-but it’s temporary. What happens after the investigation determines whether it was the start of real accountability-or just another episode in a long-running drama.
Until then, Kenyans would do well not to confuse a strategic pause for a final bow.
