Leadershipand Integrity Act No 19of 2012 - as Plain Text by MWakili

LAWS OF KENYA The Leadership and inTegriTy acT NO.

19 Of 2012 Revised Edition 2012 Published by the National Council for Law Reporting with the Authority of the Attorney-General www.kenyalaw.org 2 No.

19 Leadership and Integrity [2012 LEADERSHIP AND INTEGRITY ACT NO.

19 OF 2012 ARRANGEMENT OF SECTIONS Sections PART I PRELIMINARY 1Short title.

2Interpretation.

3 Guiding values, principles and requirements.

4 Implementation of the Act.

5Delegation of functions by the Commission.

PART IIGENERAL LEADERSHIP AND INTEGRITY CODE 6General Code.

7Rule of law.

8Publictrust.

9Responsibility and duties.

10Performance of duties.

11Professionalism.

12Financial integrity.

13Moral and ethical requirements.

14Gifts or benets in kind.

15Wrongful or unlawful acquisition of property.

16Conict of interest.

17Participation in tenders.

18Public collections.

19Bank accounts outside Kenya.

20Acting for foreigners.

21Care of property.

22Misuse of ofcial information.

23Political neutrality.

24Impartiality.

25Giving advice.

26Gainful employment.

27Offers of future employment.

28Former State ofcer acting in a Government or public entity matter.

29Misleading the public.

30Falsication of records.

31Citizenship.

32Conduct of private affairs.

33Tax, nancial and legal obligations.

34Bullying.

2012] Leadership and Integrity No.

19 3 Section 35Acting through others.

36Reporting improper orders.

PART IIISPECIFIC LEADERSHIP AND INTEGRITY CODES 37Establishment of specic codes.

38Application of the general Code.

39Approval and publication of specic codes.

PART IVENFORCEMENT OF THE LEADERSHP AND INTEGRITY CODE 40State ofcer to sign Specic Leadership and Integrity Code.

41Breach of the Code.

42Lodging of complaints and investigations.

43 Referral for possible civil or criminal proceedings.

44Advisory opinion.

45Reports of the Commission.

PART VOFFFNCES AND PENALTIES 46Obstructing or hindering persons under this Act.

47General penalty.

48Breach of section 20.

49Forfeiture and compensation.

PART VIGENERAL PROVISIONS 50Protection of ofcers of the Commission or public entity.

51Oversight over the Commissioners.

52Application of Chapter Six of the Constitution and this Act to public ofcers generally.

53Leadership education and training generally.

54Regulations.

PART VIITRANSITIONAL PROVISION 55.

(Deleted) FIRST SCHEDULE SCHEDULES SELF SECOND SCHEDULE DECLARATION FORM REGISTRABLE INTERESTS 4 No.

19 Leadership and Integrity [2012 LEADERSHIP AND INTEGRITY ACT NO.

19 OF 2012 Date of assent: 27th August, 2012.

Dale of commencement: 27th August, 2012.

An Act of Parliament to give effect to, and establish procedures and mechanisms for the effective administration of Chapter Six of the Constitution and for connected purposes PART I PRELIMINARY Short title.

1.

This Act may be cited as the Leadership and Integrity Act, 2012.

Interpretation 2.

(1) In this Act, unless the context otherwise requires asset means a thing, tangible or intangible, owned, whether wholly or in part, or controlled by a person, which has an actual or determinable economic value and can be sold, exchanged or otherwise used or applied to meet an obligation or acquire something else in return; authorised ofcer means an authorised ofcer of a public entity having jurisdiction under the Constitution or any other law to discipline the State ofcer in relation to whom the expression is used; bank account means an account maintained by a bank or any other nancial institution for and in the name of, or in the name designated by, a customer of the bank or other nancial institution and into which money is paid or withdrawn by or for the benet of that customer or held in trust for that customer and in which the transactions between the customer and the bank or other nancial institution are recorded; business associate means a person who does business with or on behalf of a State ofcer and has express or implied authority from that State ofcer; Cabinet Secretary means the Cabinet Secretary for the time being responsible for matters relating to leadership and integrity; Code means the General Leadership and Integrity Code prescribed under Part II and includes a specic Code of Leadership and Integrity prescribed under Part III of this Act; Commission means the Ethics and Anti-Corruption Commission 2012] Leadership and Integrity No.

19 5 established under the Ethics and Anti-Corruption Commission Act, 2011 (Act No.

22 of 2011); dependant means a person whose means of support is partially or wholly derived from a State ofcer; public entity means (a)the Government, including the national or County government, or any department, State organ, agency, service or undertaking of the national or County government; (b) the National Assembly or the Parliamentary Service Commission; (c any corporation, council, board, committee or other body which has power to act under and for the purposes of any written law relating to the undertakings of a public utility or otherwise to administer funds belonging to or granted by the Government or money raised by rates, taxes or charges in pursuance of any such law; or (d) a corporation, the whole or a controlling majority of the shares of which are owned by a person or entity that is a public body by virtue of any of the preceding paragraphs of this denition; and (e) statutory public bodies; public ofcer has the meaning assigned to it under Article 260 of the Constitution; spouse means a wife or husband; State ofcer has the meaning assigned to it under Article 260 of the Constitution.

(2) Despite subsection (1), until after the rst elections under the Constitution, references in this Act to the expressions Cabinet Secretary, Principal Secretary or State department shall be construed to mean Minister, Permanent Secretary and Ministry, respectively.

3.

(1) The primary purpose of this Act is to ensure that State Guiding values, ofcers respect the values, principles and requirements of the principles and Constitution.

requirements.

(2) A State ofcer shall respect the values, principles and the requirements of the Constitution, including 6 No.

19 Leadership and Integrity [2012 (a) the national values and principles provided for under Article 10 of the Constitution; (b) the rights and fundamental freedoms provided for under Chapter Four of the Constitution; (c) the responsibilities of leadership provided for under Article 73 of the Constitution; (d) the principles governing the conduct of State ofcers provided for under Article 75 of the Constitution; (e) the educational, ethical and moral requirements in accordance with Articles 99(1)(b) and 193(1)(b) of the Constitution; (f) in the case of County governments, the objectives of devolution provided for under Article 174 of the Constitution; and (g) in so far as is relevant, the values and principles of Public Service as provided for under Article 232 of the Constitution.

(3) Nothing in this Act shall be construed as in any way diminishing or derogating from the values and principles under subsection (2).

4.

(1) Every person has the responsibility of implementing the Implementation of the Act provisions of this Act to the extent required by this Act.

(2) The Commission is responsible for overseeing and enforcing the implementation of this Act.

(3) In undertaking its mandate, the Commission may request a State organ to assist it in ensuring compliance with and enforcing Chapter Six of the Constitution and this Act.

(4) The Commission may require any public entity to carry out such functions and exercise such powers as may be necessary under this Act.

(5) Where a public entity has failed to comply with the requirements under subsection (3), the Commission may make an application before a High Court judge for appropriate orders requiring the public entity to comply.

2012] Leadership and Integrity No.

19 75.

The Commission may, by notice in the Gazette, delegate to a Delegation of functions by the public entity or an authorised ofcer any of its powers and functions Commission under this Act.

PART II GENERAL LEADERSHIP AND INTEGRITY CODE 6.

(1) This Part prescribes a general Leadership and Integrity General Code Code for State ofcers.

(2) The provisions of Chapter Six of the Constitution shall form part of this Code.

(3) Unless otherwise provided in this Act, the provisions of the Public Ofcer Ethics Act (No.

4 of 2003) shall form part of this Code.

(4) If any provision of this Act is in conict with the Public Ofcer Ethics Act, 2003 this Act shall prevail.

7.

(1) A State ofcer shall respect and abide by the Constitution Rule of law.

and the law.

(2) A State ofcer shall carry out the duties of the ofce in accordance with the law.

(3) In carrying out the duties of the ofce, a State ofcer shall not violate the rights and fundamental freedoms of any person unless otherwise expressly provided for in the law and in accordance with Article 24 of the Constitution.

8.

A State ofce is a position of public trust and the authority and Public trust responsibility vested in a State ofcer shall be exercised by the State ofcer in the best interest of the people of Kenya.

9.

Subject to the Constitution and any other law, a State ofcer Responsibility and duties shall take personal responsibility for the reasonably foreseeable consequences of any actions or omissions arising from the discharge of the duties of the ofce.

10.

A State ofcer shall, to the best of their ability Performance of duties (a) carry out the duties of the ofce efciently 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 ofce; and 8 No.

19 Leadership and Integrity [2012 (d) report truthfully on all matters of the organization which they represent.

Professionalism 11.

A State ofcer shall (a) carry out duties of the ofce in a manner that maintains public condence in the integrity of the ofce; (b) treat members of the public and other public ofcers with courtesy and respect; (c) not discriminate against any person, except as is expressly provided by the law; (d) to the extent appropriate to the ofce, maintain high standards of performance and level of professionalism within the organisation; and (e) if the State ofcer is a member of a professional body, observe and subscribe to the ethical and professional requirements of that body in so far as the requirements do not contravene the Constitution or this Act.

Financial integrity 12.

(1) A State ofcer shall not use the ofce to unlawfully or wrongfully enrich himself or herself or any other person.

(2) Subject to Article 76(2)(b) of the Constitution, a State ofcer shall not accept a personal loan or benet which may compromise the State ofcer in carrying out the duties.

Moral and ethical 13.

(1) For the purposes of Articles 99(1)(b) and 193(1)(b) of the requirements.

Constitution, a person shall observe and maintain the following ethical and moral requirements (a) demonstrate honesty in the conduct of public affairs subject to the Public Ofcer Ethics Act (No.

4 of 2003); (b) not to engage in activities that amount to abuse of ofce; (c) accurately and honestly represent information to the public; (d)not engage in wrongful conduct in furtherance of personal benet; (e)not misuse public resources; (f) not discriminate against any person, except as expressly provided for under the law; (g)not falsify any records; 2012] Leadership and Integrity No.

19 9 (h) not engage in actions which would lead to the State ofcers removal from the membership of a professional body in accordance with the law; and (i) not commit offences and in particular, any of the offences under Parts XV and XVI of the Penal Code (Cap.

63), the Sexual Offences Act (No.

3 of 2006), the Counter-Trafcking in Persons Act (No.

8 of 2010), and the Children Act (Cap.

141).

(2) A person who wishes to be elected to a State ofce shall, for the purposes of this section, submit to the Independent Electoral and Boundaries Commission a self-declaration in the form set out in the First Schedule.

14.

(1) A gift or donation given to a State ofcer on a public or Gifts or benets in ofcial occasion shall be treated as a gift or donation to the State.

kind (2) Notwithstanding subsection (1), a State ofcer may receive a gift given to the State ofcer in an ofcial capacity, provided that (a) the gift is within the ordinary bounds of propriety, a usual expression of courtesy or protocol and within the ordinary standards of hospitality; (b) the gift is not monetary; and (c) the gift does not exceed such value as may be prescribed by the Commission in the regulations.

(3) Without limiting the generality of subsection (2), a State ofcer shall not (a) accept or solicit gifts, hospitality or other benets from a person who (i) has an interest that may be achieved by the car- rying out or not carrying out of the State ofcers duties; (ii) carries on regulated activities with respect to which the State ofcers organisation has a role; or (iii) has a contractual or legal relationship with the State ofcers organisation; 10 No.

19 Leadership and Integrity [2012 (b) accept gifts of jewellery or other gifts comprising of precious metal or stones ivory or any other animal part protected under the Convention on International Trade in Endangered Species of Wild Fauna and Flora; or (c) any other type of gift specied by the Commission in the regulations.

(4) A State ofcer shall not receive a gift which is given with the intention of compromising the integrity, objectivity or impartiality of the State ofcer.

(5) Subject to subsection (2), a State ofcer who receives a gift or donation shall declare the gift or donation to the Commission and the public entity which the State ofcer represents.

(6) Every public entity shall keep a register of (a) gifts received by a State ofcer serving in the public entity; and (b) gifts given by the public entity to other State ofcers.

(7) The Commission shall make and publicize regulations regarding receipt and disposal of gifts under this section.

Wrongful or unlawful 15.

A State ofcer shall not use the ofce to wrongfully or acquisition of property.

unlawfully inuence the acquisition of property.

16.

(1) A State ofcer or a public ofcer shall use the best efforts Conict of interest.

to avoid being in a situation where personal interests conict or appear to conict with the State ofcers or public ofcers ofcial duties.

(2) Without limiting the generality of subsection (1), a State ofcer or a public ofcer shall not hold shares or have any other interest in a corporation, partnership or other body, directly or through another person, if holding those shares or having that interest would result in a conict of the State ofcers or public ofcers personal interests and the ofcers ofcial duties.

(3) A State ofcer or a public ofcer whose personal interests conict with their ofcial duties shall declare the personal interests to the public entity or the Commission.

(4) The Commission or a public entity may give direction on the appropriate action to be taken by the State ofcer or public ofcer to 2012] Leadership and Integrity No.

19 11 avoid the conict of interest and the State ofcer or public ofcer shall (a) comply with the directions; and (b) refrain from participating in any deliberations with respect to the matter.

(5) Notwithstanding any directions to the contrary under subsection (4), a State ofcer or a public ofcer shall not award or inuence the award of a contract to (a) himself or herself; (b) the State ofcers or public ofcers spouse or child; (c) a business associate or agent; or (d) a corporation, private company, partnership or other body in which the ofcer has a substantial or controlling interest.

(6) In this section, personal interest includes the interest of a spouse, child, business associate or agent or any other matter in which the State ofcer or public ofcer has a direct or indirect pecuniary or non-pecuniary inte (7) Where a State ofcer or a public ofcer is present at a meeting, where an issue which is likely to result in a conict of interest is to be discussed, the State ofcer or public ofcer shall declare the interest at the beginning of the meeting or before the issue is deliberated upon.

(8) A declaration of a conict of interest under subsection (7) shall be recorded in the minutes of that meeting.

(9) Subject to Article 116(3) and (4) of the Constitution, a member of Parliament or a member of a county assembly shall declare any direct pecuniary interest or benet of whatever nature in any (a) debate or proceeding of the body of which he or she is a member; (b) debate or proceeding in any committee of that body; and (c) transaction or communication which the State ofcer may have with other members of the body, State ofcers, public ofcers or government ofcers.

(10) For purposes of subsection (9), the Clerk of the Senate, the 12 No.

19 Leadership and Integrity [2012 National Assembly or a county assembly shall maintain a register of conicts of interest, which shall be open to the public for inspection.

(11) Every public entity shall maintain an open register of conicts of interest in the prescribed form in which an affected State ofcer or public ofcer shall register the particulars of registrable interests, stating the nature and extent of the conict.

(12) For purposes of subsection (11), the registrable interests include the interests set out in the Second Schedule.

(13) A public entity shall keep the register of conicts of interest for ve years after the last entry in each volume of the register.

(14) It shall be the responsibility of the State ofcer or public ofcer to ensure that an entry of registrable interests under subsection (11) is updated and to notify the public entity or the Commission of any changes in the registrable interests, within one month of each change occurring.

Participation in 17.

A State ofcer or a public ofcer shall not participate in a tenders tender for the supply of goods or services to a public entity in which he or she is serving or is otherwise similarly associated, but the holding of shares by a State ofcer or a public ofcer in a company shall not be construed as participating in the tender of a public entity unless the State ofcer or public ofcer has a controlling shareholding in the company.

Public collections 18.

(1) A State ofcer shall not solicit for contributions from the public for a public purpose unless the President has, by notice in the Gazette, declared a national disaster and allowed a public collection for the purpose of the national disaster in accordance with the law.

(2) A State ofcer shall not participate in a public collection of funds in a way that reects adversely on that State ofcers integrity, impartiality or interferes with the performance of the ofcial duties.

Bank accounts 19.

(1) Subject to Article 76(2) of the Constitution or any other outside Kenya written law, a State ofcer shall not open or continue to operate a bank account outside Kenya without the approval of the Commission.

(2) A State ofcer who has reasonable grounds for opening or operating a bank account outside Kenya shall apply to the Commission for approval to open or operate a bank account.

(3) A State ofcer who operates or controls the operation of a bank account outside Kenya shall submit statements of the account annually to the Commission and shall authorize the Commission to verify the 2012] Leadership and Integrity No.

19 13 statements and any other relevant information from the foreign nancial institution in which the account is held.

(4) Subject to subsections (1) and (2), upon the commencement of this Act, a serving State ofcer who operates a bank account outside Kenya shall close the account within six months or such other period as the Commission may, by notice in the Gazette, prescribe.

(5) This section shall apply to (a) a State ofcer; and (b) a Public ofcer.

(6) Without prejudice to the foregoing provisions of this section, a State ofcer who fails to declare operation or control of a bank account outside Kenya commits an offence and shall, upon conviction, be liable to imprisonment for a term not exceeding ve years, or a ne not exceeding ve million shillings, or both.

20.

(1) A State ofcer shall not be an agent of, or further the Acting for foreigners interests of a foreign government, organisation or individual in a manner that may be detrimental to the security interests of Kenya, except when acting in the course of ofcial duty.

(2) For the purposes of this section (a) an individual is a foreign individual if the individual is not a citizen of Kenya; and (b) an organisation is a foreign organization if it is established outside Kenya or is owned or controlled by a foreign government, organisation or individual.

21.

(1) A State ofcer shall take all reasonable steps to ensure that Care of property public property in the ofcers custody, possession or control is taken care of and is in good repair and condition.

(2) A State ofcer shall not use public property, funds or services that are acquired in the course of or as a result of the ofcial duties, for activities that are not related to the ofcial work of the State ofcer.

(3) A State ofcer shall return to the issuing authority all the public property in their custody, possession or control at the end of the appointment, or election term.

(4) A State ofcer who contravenes subsection (2) or (3) shall, 14 No.

19 Leadership and Integrity [2012 in addition to any other penalties provided for under the Constitution, this Act or any other law be personally liable for any loss or damage to the public property.

22.

(1) A State ofcer shall not directly or indirectly use or allow Misuse of ofcial information.

any person under the ofcers authority to use any information obtained through or in connection with the ofce, which is not available in the public domain, for the furthering of any private interest, whether nancial or otherwise.

(2) The provisions of subsection (1), shall not apply where the information is to be used for the purposes of (a) furthering the interests of this Act; or (b) educational, research, literary, scientic or other purposes not prohibited by law.

Political neutrality 23.

(1) An appointed State ofcer, other than a Cabinet Secretary or a member of a County executive committee shall not, in the performance of their duties (a) act as an agent for, or further the interests of a political party or candidate in an election; or (b) manifest support for or opposition to any political party or candidate in an election.

(2) An appointed State ofcer or public ofcer shall not engage in any political activity that may compromise or be seen to compromise the political neutrality of the ofce subject to any laws relating to elections.

(3) Without prejudice to the generality of subsection (2) a public ofcer shall not (a) engage in the activities of any political party or candidate or act as an agent of a political party or a candidate in an election; (b) publicly indicate support for or opposition against any political party or candidate participating in an election.

Impartiality.

24.

A State ofcer shall, at all times, carry out the duties of the ofce with impartiality and objectivity in accordance with Articles 10, 27, 73(2)(b) and 232 of the Constitution and shall not practise favouritism, nepotism, tribalism, cronyism, religious bias or engage in corrupt or unethical practices.

2012] Leadership and Integrity No.

19 15 25.

A State ofcer who has a duty to give advice shall give honest, Giving advice accurate and impartial advice without fear or favour.

26.

(1) Subject to subsection (2), a State ofcer who is serving on Gainful employment a full time basis shall not participate in any other gainful employment.

(2) In this section, gainful employment means work that a person can pursue and perform for money or other form of compensation or remuneration which is inherently incompatible with the responsibilities of the State ofce or which results in the impairment of the judgement of the State ofcer in the execution of the functions of the State ofce or results in a conict of interest in terms of section 16.

27.

(1) A State ofcer shall not allow himself or herself to be Offers of future inuenced in the performance of their duties by plans or expectations employment for or offers of future employment or benets.

(2) A State ofcer shall disclose, in writing, to the public entity and the Commission, all offers of future employment or benets that could place the State ofcer in a situation of conict of interest.

28.

A former State ofcer shall not be engaged by or act for a Former State person or entity in a matter in which the ofcer was originally engaged ofcer acting in in as a State ofcer, for at least two years after leaving the State ofce.

a Government or public entity matter 29.

A State ofcer shall not knowingly give false or misleading Misleading the public information to any person.

30.

A State ofcer shall not falsify any records or misrepresent Falsication of information to the public.

records 31.

(1) Subject to Article 78(3) of the Constitution, a State ofcer Citizenship who acquires dual citizenship shall lose his or her position as a State ofcer.

(2) A person who holds dual citizenship shall, upon election or appointment to a State ofce, not take ofce before ofcially renouncing their other citizenship in accordance with the provisions of the Kenya Citizenship and Immigration Act, 2011, (No.

12 of 2011.) 32.

A State ofcer shall conduct private affairs in a manner that Conduct of private affairs maintains public condence in the integrity of the ofce.

33.

(1) A State ofcer shall pay any taxes due from him or her Tax, nancial and within the prescribed period.

legal obligations 16 No.

19 Leadership and Integrity [2012 (2) A State ofcer shall not neglect their nancial or legal obligations.

Bullying 34.

(1) A State ofcer shall not bully any person.

(2) For purposes of subsection (1), bullying includes repeated offensive behaviour which is vindictive, cruel, malicious or humiliating and is intended to undermine a person.

Acting through others 35.

(1) A State ofcer contravenes the Code if the ofcer (a) causes anything to be done through another person that would constitute a contravention of the Code if done by the State ofcer; or (b) allows or directs a person under their supervision or control to do anything that is in contravention of the Code.

(2) Subsection (1)(b) shall not apply where anything is done without the State ofcers knowledge or consent or if the State ofcer has taken reasonable steps to prevent it.

(3) A State ofcer who acts under an unlawful direction shall be responsible for his or her action.

Reporting improper 36.

(1) If a State ofcer considers that anything required of them orders.

is in contravention of the Code or is otherwise improper or unethical, the State ofcer shall report the matter to the Commission.

(2) The Commission shall investigate the report and take appropriate action within ninety days of receiving the report.

PART III SPECIFIC LEADERSHIP AND INTEGRITY CODES Establishment of 37.

(1) Each public entity shall prescribe a specic Leadership and Integrity Code for the State ofcers in that public entity.

specic codes.

(2) The specic Leadership and Integrity Code prescribed by a public entity shall include all the requirements in the general Leadership and Integrity Code under Part II of this Act and may provide for the manner in which any requirements of the specic or general Code may be satised.

Application of the 38.

Until a public entity has prescribed a specic Leadership and general Code.

Integrity Code under section 37, the general Code under Part II of this Act shall apply as though it were the specic Leadership and Integrity Code prescribed by the public entity.

2012] Leadership and Integrity No.

19 17 39.

(1) A public entity shall submit the specic Leadership and Approval and Integrity Code prescribed under section 37 to the Commission for publication of approval.

specic codes (2) In considering the specic Leadership and Integrity Code submitted under subsection (1), the Commission shall ensure that it is consistent with the General Code prescribed under Part II of this Act, any other law and the Constitution.

(3) The Commission shall, within thirty days of receipt of a specic Leadership and Integrity Code, consider and approve it, with or without amendments, for publication in the Gazette.

(4) Subject to the provisions of subsections (2) and (3), a public entity shall cause to be published the specic Leadership and Integrity Code in the Gazette within ninety days of the receipt of the approval from the Commission.

(5) Any specic Code of a public entity existing at the commencement of this Act shall be deemed to have been made under this Act and shall be submitted for approval by the Commission to ascertain its conformity with the General Code and approval within ninety days after the commencement of this Act.

PART IV ENFORCEMENT OF THE LEADERSHIP AND IN- TEGRITY CODE 40.

Upon appointment or election, a State ofcer shall sign and State ofcer to sign Specic Leadership commit to the specic Leadership and Integrity Code issued by the and Integrity Code.

relevant public entity at the time of taking the oath of ofce or within seven days of assuming a State ofce.

41.

(1) Subject to subsection (2), a breach of the Code amounts to Breach of the Code.

misconduct for which the State ofcer may be subjected to disciplinary proceedings.

(2) Where an allegation of breach of the Code has been made against a State ofcer in respect of whom the Constitution or any other law provides the procedure for removal or dismissal, the question of removal or dismissal shall be determined in accordance with the Constitution or that other law.

42.

(1) A person who alleges that a State ofcer has committed Lodging of a breach of the Code, may lodge a complaint with the relevant public complaints and entity and the public entity shall register and inquire into the complaint.

investigations 18 No.

19 Leadership and Integrity [2012 (2) A public entity may authorize any of its ofcers to inquire into a complaint on its behalf and determine whether a State ofcer has contravened the Code.

(3) An investigation may be made at the instance of a public entity.

(4) A State ofcer being investigated under this section shall be informed by the investigating authority, of the complaint made against that State ofcer and shall be given a reasonable opportunity to make a representation relating to the issue, before the investigation is concluded.

(5) A person who has lodged a complaint against a State ofcer shall be entitled to be informed of any action taken or to be taken in respect of the complaint and shall be afforded a hearing.

(6) Where an investigation under this section is initiated while the State ofcer is in ofce, it may be continued even after the person under investigation has ceased to be a State ofcer.

(7) Subject to the Constitution and any regulations for the enforcement of the Code made under this Act, a State ofcer may be suspended from ofce pending the investigation and determination of allegations made against that State ofcer where such suspension is considered necessary.

(8) The Commission shall 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 or any other applicable written law for the time being in force.

(9) The public entity or an authorized ofcer may take disciplinary action against a State ofcer serving in the public entity.

Referral for possible 43.

(1) If upon investigation under this Part, the public entity is civil or criminal of the opinion that civil or criminal proceedings ought to be preferred proceedings.

against the respective State ofcer, the public entity shall refer the matter to (a) the Commission or the Attorney-General, with respect to civil matters; (b) the Director of Public Prosecutions, with respect to criminal matters; or (c) any other appropriate authority.

(2) Referral of a matter under subsection (1) shall not preclude 2012] Leadership and Integrity No.

19 19 the person, the State organ or public entity referring the matter from undertaking further investigations or action into the matter.

(3) If a matter is referred to the Commission under subsection (1) (a) and in the opinion of the Commission, criminal proceedings ought to be preferred against the respective State ofcer, the matter shall be referred to the Director of Public Prosecutions.

(4) In addition to the prosecution of a State ofcer, the Commission may take any other action that it considers necessary.

(5) The prosecution of any State ofcer is not a bar to other steps that the Commission may consider necessary.

44.

(1) A State ofcer or public entity may request the Commission Advisory opinion.

to give an advisory opinion on any issue relating to the application of Chapter Six of the Constitution.

(2) The Commission shall establish appropriate mechanisms and procedures for the provision of advisory opinions under subsection (1) in a condential and timely manner.

45.

(1) The Commission shall submit an annual report, containing Reports of the all the information relevant to the enforcement of and compliance with Commission.

the provisions of this Act, to the President and Parliament.

(2) The Commission shall publish the report made under subsection (1) in the Gazette and facilitate reasonable access of the report by the public.

PART V OFFENCES AND PENALTIES 46.

(1) A person shall not (a) without justication or lawful excuse, obstruct, hinder, Obstructing or assault or threaten a person undertaking his or her duties hindering persons under this Act; under this Act.

(b) deceive or knowingly mislead the Commission, a public entity or a person undertaking his or her duties under this Act; (c) destroy, alter, conceal or remove documents, records or evidence that the person believes, or has grounds to believe may be relevant to an investigation or proceedings under this Act; or (d) provide false information to the Commission, a public entity or a person acting under this Act.

(2) A person who contravenes subsection (1) commits an offence 20 No.

19 Leadership and Integrity [2012 and is liable, on conviction, to a ne not exceeding ve million shillings, or to imprisonment for a term not exceeding ve years, or to both.

General penalty.

47.

Any person who is convicted of an offence under this Act, for which no penalty is expressly provided, shall be liable on conviction to a ne not exceeding ve hundred thousand shillings, or to imprisonment for a term not exceeding three years, or to both.

Breach of section 20.

48.

A State ofcer who does not comply with the provisions of section 20 commits an offence and is liable, on conviction, to a ne not exceeding ve million shillings, or to imprisonment for a term not exceeding ve years, or to both.

Forfeiture and 49.

(1) Where a State ofcer is proven to have obtained any compensation.

property in breach of this Act, the State ofcer shall, subject to any appeal which the ofcer may make, forfeit the property and the property shall be held by the Commission or by an agent appointed by the Commission in trust for the Republic, until it is lawfully disposed of.

(2) The Commission may order a State ofcer referred to in subsection (1) to pay by way of compensation to the State such sum, including interest, as may be determined by the Commission as just, having regard to the loss suffered by the Government or public entity and such order shall be deemed to be a decree under section 25 of the Civil Procedure Act (Cap.

21) and shall be executed in the manner prescribed under Part III of that Act.

(3) For the purposes of subsection (2), the rate of interest on any property or money irregularly obtained shall not be less than the prevailing lending rates and shall be payable with effect from the day such property or money was obtained.

(4) The money or proceeds of the sale of property which is forfeited to the Government under this section shall be paid into the Consolidated Fund.

PART VI GENERAL PROVISIONS Protection of ofcers 50.

Subject to this Act, no civil or criminal liability shall attach to of the Commission or public entity.

an ofcer of the Commission or public entity acting on the instructions of the chief executive ofcer of a public entity, for anything done in good faith by that ofcer in the performance of the duties under this Act.

Oversight over the 51.

(1) Where a violation of Chapter Six of the Constitution or Commissioners.

this Act, which is not a violation as contemplated in Article 251 of the Constitution, is alleged against a member of the Commission, the President shall establish an independent review panel to inquire into 2012] Leadership and Integrity No.

19 21 the allegation.

(2) An allegation under subsection (1) shall be submitted to the Cabinet Secretary by way of petition setting out the alleged violation, who shall submit the petition to the President.

(3) The independent review panel established under subsection (1) shall comprise ve State ofcers of good character and integrity drawn from any of the Commissions established under Chapter Fifteen of the Constitution.

(4) The independent review panel shall inquire into the alleged contravention or violation committed by a member of the Commission.

(5) If the inquiry discloses that a member of the Commission has violated Chapter Six of the Constitution, the independent review panel shall take the appropriate disciplinary action, or if it does not have the power to take the appropriate disciplinary action, refer the matter to a body or person who is vested with that power.

(6) Regulations made under section 54(f) shall apply to the disciplinary procedures under this section.

(7) A person who is dissatised with the decision of the independent review panel may apply for a review within fteen days from the date of the decision.

(8) The independent review panel shall review its decision within fteen days after the application for review.

(9) A person who is dissatised with the decision of the independent review panel under subsection (8) may appeal to the High Court and the Court shall make a decision within thirty days of the appeal.

52.

(1) Pursuant to Article 80(c) of the Constitution, the provisions Application of of Chapter Six of the Constitution and Part II of this Act except section Chapter Six of the Constitution and this 18 shall apply to all public ofcers as if they were State ofcers.

Act to public ofcers (2) For the purposes of subsection (1), the relevant public entity generally.

recognized or established pursuant to section 3 of the Public Ofcer Ethics Act, 2003 (Act No.

4 2003) shall enforce the provisions of this Act as if they were provided for under the Public Ofcer Ethics Act, 2003 (Act No.

4 of 2003.) 22 No.

19 Leadership and Integrity [2012 Leadership 53.The Cabinet Secretaries responsible for leadership and education and integrity, constitutional affairs, education and the public service shall training generally collaborate with the Commission and the relevant public entity for the purpose of developing and overseeing the provision of long term education and training on leadership and integrity to (a) all public ofcers; (b) all levels of the education system; and (c) the public.

Regulations.

54.

(1) The Commission shall make Regulations for the better carrying out of the provisions of this Act.

(2) Without prejudice to the generality of subsection (1), the Commission may make Regulations to (a) prescribe the limitations on the types of gifts that a State ofcer can receive under section 14; (b) prescribe for the maximum value of gifts that a State ofcer can receive under section 14; (c) prescribe for a mechanism for the receipt, collection, storage and disposal of gifts under section 14: (d) provide a mechanism and procedure for the opening, maintaining and publicizing of registers of conict of interest under section 16; (e) prescribe the grounds and conditions for opening, registering, maintaining, controlling and closing bank accounts outside Kenya under section 19; (f) provide for the regulation on lodging of complaints, investigation and disciplinary processes and mechanisms on the enforcement of the Code under section 42.

PART VII TRANSITIONAL PROVISION 55.

(Deleted by No.

47 of 2012) 2012] Leadership and Integrity No.

19 23 FIRST SCHEDULE [SECTION 13.] SELF-DECLARATION FORM 1.

GENERAL INFORMATION Title Surname First Middle Name Other Names Name Mr./Mrs./Prof/ Miss/Ms/Dr.

ID CARD NO.

PASSPORT EXPIRY DATE OF PIN NO.

NO.

PASSPORT SEX MALE FEMALE OCCUPATION E-MAIL ADDRESS (Tick) TELEPHONE NO.

MOBILE NO.

OTHER NUMBERS ESTATE/TOWN/ POSTAL P.

O.

BOX LOCATION ADDRESS RESIDENCE DISTRICT CODE TOWN/CITY COUNTY OTHER ADDRESSES COUNTRY 2.

BIRTH INFORMATION DATE OF BIRTH BIRTH CERTIFICATE NO.

PLACE OF BIRTH DISTRICT OF BIRTH COUNTY OF BIRTH COUNTRY OF BIRTH 3.

NATIONALITY Kenyan Dual (Provide details.

) 4.

MARITAL STATUS SINGLE MARRIED SEPARAT ED DIVORCED WIDOWED IF MARRIED GIVE NAMES OF THE SPOUSE (S) (Surname, First name, middle name, others) NATIONALITY OF SPOUSE NAMES OF CHILDREN UNDER THE AGE OF 18 YEARS 24 No.

19 Leadership and Integrity [2012 5.

EDUCATIONAL QUALIFICATIONS PRIMARY SECONDARY A LEVEL DIPLOMA DEGREE MASTERS CERTIFICATE PHD OTHERS HIGHEST ACADEMIC QUALIFICATION OBTAINED Qualication Institution Year 6.

LANGUAGE SPOKEN First Language Second Language Other 7.

MEMBERSHIP OF PROFESSIONAL ORGANIZATION(S) (IF ANY) Name of Organization Date of Admission Membership No.

8.

REASON(S) FOR DECLARATION Purpose for which declaration is required Election Employment Others (Specify) State ofce for which the declaration is being submitted 9.

MORAL AND ETHICAL QUESTIONS Answers to the following questions are mandatory.

If YES to any question you must provide additional information on a supplementary sheet.

2012] Leadership and Integrity No.

19 25 YES NO (a) Have you ever engaged in any form of dishonesty in the YES NO conduct of public affairs? (b) Have you ever abused a public ofce? (c) Have you ever misrepresented information to the public? (d) Have you ever engaged in wrongful conduct whilst in the furtherance of personal benet? (e) Have you ever misused public resources? (f) Have you ever discriminated against anyone on any grounds other than as provided for under the Constitution or any other law? (g) Have you ever falsied ofcial or personal records? (h) Have you ever been debarred or removed from the Register of Members of your professional organization? (i) Have you ever had any occupational or vocational license revoked and/or otherwise subjected to any other disciplinary action for cause in Kenya or any other country? (j) Have you ever been dismissed from employment on account of lack of integrity? (k) If you have been a public ofcer, have you ever failed to declare your Income, Assets and Liabilities as required under the Public Ofcer Ethics Act, 2003? (l) Have you ever been the subject of disciplinary or criminal proceedings for breach of the Public Ofcer Ethics Act, 2003 or a Code prescribed thereunder? (m) Have you ever been convicted of any offence and sentenced to serve imprisonment for a period of at least six month? (n) Have you ever had an application for a Certicate of Clearance or a Certicate of Good Conduct or for a visa or other document authorizing work in a public ofce denied and/or rejected for cause in Kenya or any other country? 10.

EMPLOYMENT INFORMATION NAME OF POSITION/ DATE OF FIRST DATE OF EMPLOYER RANK APPOINTMENT PRESENT APPOINTMENT 26 No.

19 Leadership and Integrity [2012 WORKSTATION NATURE OF EMPLOYMENT (Constitutional/Elective/Permanent/Contractual/Other) OATH AND AFFIRMATION I solemnly swear (or afrm) and certify, under penalty of false declaration under the Oaths and Statutory Declarations Act (Cap.

15 of the Laws of Kenya), that all the foregoing statements in this declaration are true and correct to the best of my knowledge.

Dated at.

, this.

day of.

SIGNATURE OF DECLARANT:.

SWORN/DECLARED BEFORE ME This.

day of.

20.

, at.

.

Commissioner for Oaths/ Magistrate.

SECOND SCHEDULE [Section 16(12).] REGISTRABLE INTERESTS 1.

Directorships in public or private companies, whether or not remunerated directly or indirectly.

2.

Remunerated employment (including ofce, trade, profession or vocation which is remunerated or which the State ofcer has any pecuniary interest).

3.

Securities (shares, bonds, debentures or any other similar holding) in a company or enterprise or undertaking the aggregate nominal or market value of which exceeds a prescribed value while the state ofcer was in ofce.

4.

Contracts for supply of goods and services.

5.

Plans or expectations for or offers of future employment.

2012] Leadership and Integrity No.

19 27 6.

Public affairs advice and services to clients.

7.

Shareholdings (amounting or not amounting to a controlling interest).

8.

Land and property.

9.

Sponsorship (from companies, trade unions, professional bodies, charities, universities or other organizations or individuals).

10.

Travel facilities and overseas visits (made by a State ofcer or the State ofcers spouse or child substantially catered for by the ofce of the State ofcer).

11.

Gifts, benets and hospitality (to a State ofcer or the State ofcers spouse or partner or child or any other material benet of a prescribed value, from a company, organization or person within Kenya or overseas, which relates substantially to the membership of a state ofce to a state ofce or Parliament or County Assembly).

12.

Miscellaneous nancial interests (not falling within the above categories but which a reasonable member of the public would think might inuence the conduct of a State Ofcer in his ofce).

13.

Non-nancial interests (which may reasonably be thought to affect the way a member discharges the duties in a State Ofce (such as unremunerated directorships; membership of public bodies such as hospital trusts, governing bodies of universities, colleges or schools, and other spheres of government; trusteeships, etc.).

14.

Pending civil and criminal cases touching on the State ofcer or business associate or rm.

15.

Possession of dual citizenship or pending applications for dual citizenship and the status of such application.

.