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Public Officer Ethics Act - as Plain Text by MWakili

LAWS OF KENYA The Public Officer eThics AcT Chapter 183 Revised Edition 2009 (2003) Published by the National Council for Law Reporting with the Authority of the Attorney General www.kenyalaw.org 2 CAP.

183 The Public Ofcer Ethics Act [Rev.

2009 CHAPTER 183 THE PUBLIC OFFICER ETHICS ACT, 2003 Date of Assent: 30th April, 2003 Date of Commencement: 2nd May, 2003 ARRANGEMENT OF SECTIONS part IprelImInary 1Short title.

2Interpretation.

3Determination of responsible Commission.

4Certain delegations by Public Service Commission.

part II SpeCIfIC CodeS of ConduCt and ethICS 5Establishment of specic Codes.

6Publication of specic Codes.

part IIIGeneral Code of ConduCt and ethICS 7Part sets out general Code.

8Performance of duties, general.

9Professionalism.

10Rule of law.

11No improper enrichment.

12Conict of interest.

13Collections and harambees.

14Acting for foreigners.

15Care of property.

16Political neutrality.

17Nepotism, etc.

18Giving of advice.

19Misleading the public, etc.

20Conduct of private affairs.

21Sexual harassment.

22Selection, etc.

of public ofcers.

23Submitting of declarations, etc.

24Acting through others.

25Reporting improper orders.

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2009] The Public Ofcer Ethics Act CAP.

183 3 part IVdeClaratIonS of InCome, aSSetS and lIabIlItIeS 26Declaration required.

27When declarations must be made.

28Clarications.

29Information to be correct.

30Access to declarations.

31Retention of information.

32Offences.

33Administrative procedures.

34Amendment of Schedule.

part VenforCement of Code of ConduCt and ethICS 35 Investigations.

36Disciplinary action.

37Publication of actions.

38Referral for possible civil or criminal proceedings.

39Exceptions.

part VIGeneral 40Obstructing or hindering persons under Act.

41Divulging information acquired under Act.

42Regulations.

ScheduleDeclaration of Income, Assets and Liabilities.

www.kenyalaw.org 4 CAP.

183 The Public Ofcer Ethics Act [Rev.

2009 CHAPTER 183 THE PUBLIC OFFICER ETHICS ACT, 2003 AN ACT of Parliament to advance the ethics of public ofcers by providing for a Code of Conduct and Ethics for public ofcers and requiring nancial declarations from certain public ofcers and to provide for connected purposes.

ENACTED by the Parliament of Kenya as follows:- part IprelImInary Short title.

This Act may be cited as the Public Ofcer Ethics Act, 2003.

Interpretation.

In this Act, unless the context otherwise requires- 7 of 2007, Sch.

Code of Conduct and Ethics means, for a public ofcer, the Code of Conduct and Ethics established under Part II for that public ofcer; Commission means a commission, committee or other body having functions under this Act by virtue of section 3; Minister means the Minister responsible for integrity issues; public ofcer means any ofcer, employee or member, including an unpaid, part-time or temporary ofcer, employee or member, of any of the following- (a) the Government or any department, service or undertaking of the Government; (b) the National Assembly or the Parliamentary Service; (c) a local authority; (d) any corporation, council, board, committee or other body which has power to act under and for the purposes of any written law relating to local government, public health or undertakings of 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; No.

12 of 1997.

(e) a co-operative society established under the Co-operative Societies Act; www.kenyalaw.org Rev.

2009] The Public Ofcer Ethics Act CAP.

183 5 Provided that this Act shall apply to an ofcer of a co-operative society within the meaning of the Act.

(f) a public university; (g) any other body prescribed by regulation for the purposes of this paragraph; responsible Commission, in relation to a public ofcer, means the Commission determined under section 3 to be the responsible Commission in relation to that public ofcer.

(1) This section determines what body is the responsible Determination of responsible Commission for a public ofcer for the purposes of this Act.

Commission.

(2) The committee of the National Assembly responsible for the 7 of 2007, Sch.

ethics of members is the responsible Commission for- (a) members of the National Assembly including, for greater certainty, the President, the Speaker and the Attorney- General; (b) members of the Electoral Commission and the Public Service Commission; and (c) the Controller and Auditor-General.

(d) Directors and Assistant Directors of the Kenya Anti- Corruption Commission.

(3) The Public Service Commission is the responsible Commission for the public ofcers in respect of which it exercises disciplinary control and for the public ofcers described in paragraphs (c), (d) and (e) of section 107 (4) of the Constitution and for public ofcers who are ofcers, employees or members of state corporations that are public bodies.

(4) The Judicial Service Commission is the responsible Commission for judges, magistrates and the public ofcers in respect of which it exercises disciplinary control.

(5) The Parliamentary Service Commission is the responsible Commission for the public ofcers in respect of which it exercises disciplinary control.

(6) The Electoral Commission is the responsible Commission for www.kenyalaw.org 6 CAP.

183 The Public Ofcer Ethics Act [Rev.

2009 councillors of local authorities.

Cap.

212.

(7) The Teachers Service Commission established under the Teachers Service Commission Act is the responsible Commission for teachers registered under that Act.

(8) The Defence Council established under the Armed Forces Act Cap.

199.

is the responsible Commission for members of the armed forces, within the meaning of that Act.

No.

11 of 1998.

(9) The National Security Intelligence Council established under the National Security Intelligence Service Act, 1998 is the responsible Commission for members of the National Security Intelligence Service established under that Act.

(10) The responsible Commission for a public ofcer for which no responsible Commission is otherwise specied under this section is the commission, committee or other body prescribed by regulation.

(11) A body that is the responsible Commission for a public ofcer by virtue of exercising disciplinary control over that public ofcer remains the responsible Commission notwithstanding the delegation of any disciplinary powers with respect to that public ofcer.

Certain delegations 4.

(1) Subject to subsection (2), the Public Service Commission by Public Service may, by notice in the Gazette, delegate to another person or body any of Commission.

its powers and functions under Part IV or Part V with respect to classes 7 of 2007, Sch.

of public ofcers specied by the Public Service Commission and that person or body shall be deemed to be the responsible Commission with respect to such delegated powers and functions.

(2) The Public Service Commission may delegate powers and functions only with respect to public ofcers in a job group below job group M or its equivalent.

part IISpeCIfIC CodeS of ConduCt and ethICS Establishment of 5.

(1) Each Commission shall establish a specic Code of Conduct and Ethics for the public ofcers for which it is the responsible specic Codes.

Commission.

(2) The specic Code established by a Commission shall include all the requirements in the general Code of Conduct and Ethics under Part III and may- (a) include requirements beyond what is required under the general Code of Conduct and Ethics under Part III; and www.kenyalaw.org Rev.

2009] The Public Ofcer Ethics Act CAP.

183 7 (b) set out how any requirements of the specic or general Code may be satised.

(3) No requirement shall be included in a specic Code that would infringe any independence of a public ofcer provided for by the Constitution or an Act and any requirement of the specic Code or in the general Code of Conduct and Ethics under Part III is of no effect to the extent that it would do so.

(4) Until a Commission has established a specic Code under this section, the general Code of Conduct and Ethics under Part III shall apply as though it were the specic Code established by the Commission.

(1) Each Commission shall publish the specic Code of Conduct Publication of and Ethics established by it in the Gazette within ninety days after the commencement of this Act.

specic Codes.

(2) In relation to a Commission that is prescribed by regulation under section 3(1) as a responsible Commission, this section shall apply as though the reference in subsection (1) to the commencement of this Act were a reference to the commencement of the regulation.

part IIIGeneral Code of ConduCt and ethICS 7.

This Part sets out a general Code of Conduct and Ethics for Part sets out general public ofcers.

Code.

A public ofcer shall, to the best of his ability, carry out Performance of his duties and ensure that the services that he provides are provided duties, general.

efciently and honestly.

(1) A public ofcer shall- Professionalism.

183 The Public Ofcer Ethics Act [Rev.

2009 (e) observe ofcial working hours and not be absent without proper authorization or reasonable cause; (f) maintain an appropriate standard of dress and personal hygiene; and (g) discharge any professional responsibilities in a professional manner.

Rule of law.

10.

(1) A public ofcer shall carry out his duties in accordance with the law.

(2) In carrying out his duties, a public ofcer shall not violate the rights and freedoms of any person under Part V of the Constitution.

No improper 11.

(1) A public ofcer shall not use his ofce to improperly enrichment.

enrich himself or others.

(2) Without limiting the generality of subsection (1), a public ofcer shall not- (a) except as allowed under subsection (3) or (4), accept or request gifts or favours from a person who- (i) has an interest that may be affected by the carrying out, or not carrying out, of the public ofcers duties; (ii) carries on regulated activities with respect to which the public ofcers organisation has a role; or (iii) has a contractual or similar relationship with the public ofcers organisation; (b) improperly use his ofce to acquire land or other property for himself or another person, whether or not the land or property is paid for; or (c) for the personal benet of himself or another, use or allow the use of information that is acquired in connection with the public ofcers duties and that is not public.

(3) A public ofcer may accept a gift given to him in his ofcial capacity but, unless the gift is a non-monetary gift that does not exceed the value prescribed by regulation, such a gift shall be deemed to be a gift to the public ofcers organisation.

(4) Subsection (2)(a) does not prevent a public ofcer from www.kenyalaw.org Rev.

2009] The Public Ofcer Ethics Act CAP.

183 9 accepting a gift from a relative or friend given on a special occasion recognized by custom.

(5) Subsection (2)(c) does not apply to the use of information for educational or literary purposes, research purposes or other similar purposes.

12.

(1) A public ofcer shall use his best to efforts to avoid being Conict of interest.

in a position in which his personal interests conict with his ofcial duties.

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

(3) A public ofcer whose personal interests conict with his ofcial duties shall- (a) declare the personal interests to his superior or other appropriate body and comply with any directions to avoid the conict; and (b) refrain from participating in any deliberations with respect to the matter.

(4) Notwithstanding any directions to the contrary under subsection (3)(a), a public ofcer shall not award a contract, or inuence the award of a contract, to- (a) himself; (b) a spouse or relative; (c) a business associate; or (d) a corporation, partnership or other body in which the ofcer has an interest.

(5) The regulations may govern when the personal interests of a public ofcer conict with his ofcial duties for the purposes of this section.

(6) In this section, personal interest includes the interest of a spouse, relative or business associate.

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183 The Public Ofcer Ethics Act [Rev.

2009 Collections and 13.

(1) A public ofcer shall not- harambees.

(a) use his ofce or place of work as a venue for soliciting or collecting harambees; or (b) either as a collector or promoter of a public collection, obtain money or other property from a person by using his ofcial position in any way to exert pressure.

Cap.

106.

(2) In this section, collection, collector and promoter have the same meanings as in section 2 of the Public Collections Act.

Acting for foreigners.

14.

(1) No public ofcer shall, in a manner that may be detrimental to the security interests of Kenya, be an agent for, or further the interests of, a foreign government, organisation or individual.

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

Care of property.

15.

(1) A public ofcer shall take all reasonable steps to ensure that property that is entrusted to his care is adequately protected and not misused or misappropriated.

(2) A person who contravenes subsection (1) shall be personally liable for losses resulting from the contravention.

Political neutrality.

16.

(1) A public ofcer shall not, in or in connection with the performance of his duties as such- (a) act as an agent for, or so as to further the interest of, a political party; or (b) indicate support for or opposition to any political party or candidate in an election.

(2) A public ofcer shall not engage in political activity that may compromise or be seen to compromise the political neutrality of his ofce.

(3) This section does not apply to a member of the National Assembly or a councillor of a local authority.

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183 11 17.

A public ofcer shall not practice nepotism or favouritism.

Nepotism, etc.

18.

A public ofcer who has a duty to give advice shall give honest Giving of advice.

and impartial advice without fear or favour.

19.

A public ofcer shall not knowingly give false or misleading Misleading the information to members of the public or to any other public ofcer.

public, etc.

20.

(1) A public ofcer shall conduct his private affairs in a way Conduct of private that maintains public condence in the integrity of his ofce.

affairs.

(2) A public ofcer shall not evade taxes.

(3) A public ofcer shall not neglect his nancial obligations or neglect to settle them.

21.

(1) A public ofcer shall not sexually harass a member of the Sexual harassment.

public or a fellow public ofcer.

(2) In subsection (1), sexually harass includes doing any of the following, if the person doing it knows or ought to know that it is unwelcome- (a) making a request or exerting pressure for sexual activity or favours; (b) making intentional or careless physical contact that is sexual in nature; and (c) making gestures, noises, jokes or comments, including innuendos, regarding another persons sexuality.

22.

A public ofcer shall practice and promote the principle that Selection, etc.

of public ofcers should be- public ofcers.

(a) selected on the basis of integrity, competence and suitability; or (b) elected in fair elections.

23.

A public ofcer shall submit any declaration or clarication Submitting of required under Part IV to be submitted or made by him.

declarations, etc.

24.

(1) A public ofcer contravenes the Code of Conduct and Acting through Ethics if- others.

www.kenyalaw.org 12 CAP.

183 The Public Ofcer Ethics Act [Rev.

2009 (a) he causes anything to be done through another person that would, if the public ofcer did it, be a contravention of the Code of Conduct and Ethics; or (b) he allows or directs a person under his supervision or control to do anything that is a contravention of the Code of Conduct and Ethics.

(2) Subsection (1)(b) does not apply with respect to anything done without the public ofcers knowledge or consent if the public ofcer took reasonable steps to prevent it.

Reporting improper 25.

If a public ofcer considers that anything required of him orders.

is a contravention of the Code of Conduct and Ethics or is otherwise improper or unethical, he shall report the matter to an appropriate authority.

part IVdeClaratIonS of InCome, aSSetS and lIabIlItIeS Declaration required.

26.

(1) Every public ofcer shall, once every two years prescribed 7 of 2007, Sch.

by section 27, submit to the responsible Commission for the public ofcer a declaration of the income, assets and liabilities of himself, his spouse or spouses and his dependent children under the age of 18 years.

(2) The declaration shall be in the form set out in the Schedule and shall include the information required by the form.

When declarations 27.

(1) The declaration shall be submitted in the December of must be made.

every second year.

7 of 2007, Sch.

(2) The statement date of a declaration under subsection (1) shall be the rst day of November of the year in which the declaration is required.

(3) Within thirty days after becoming a public ofcer, the public ofcer shall submit an initial declaration.

(4) The statement date of an initial declaration under subsection (3) shall be the date the public ofcer became a public ofcer.

(5) Within thirty days after ceasing to be a public ofcer, the former public ofcer shall submit a nal declaration.

(6) The statement date of a nal declaration under subsection (5) shall be the date the public ofcer ceased to be a public ofcer.

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183 13 (7) The following shall apply with respect to a person who is a public ofcer on the day the administrative procedures relevant to that public ofcer are rst published under section 33- (a) the public ofcer shall submit an initial declaration within sixty days after the administrative procedures are published; and (b) the statement date of an initial declaration under paragraph (a) shall be the date the administrative procedures are published.

28.

(1) A person who has submitted a declaration to a Commission Clarications.

shall provide, without undue delay, any clarication requested by the Commission if the request is in writing and is made within six months after the declaration was submitted to the Commission.

(2) Without limiting what a request for clarication may include, such a request may include- (a) a request that any information that may have been omitted be provided; or (b) a request that any discrepancy or inconsistency, including a discrepancy or inconsistency arising because of information other than information included on the declaration, be explained or corrected.

29.

A person submitting a declaration or providing a clarication Information to be correct.

shall ensure that the declaration or clarication is correct, to the best of his knowledge.

30.

(1) The contents of a declaration or clarication under this Act Access to shall be accessible to any person upon application to the responsible declarations.

Commission in the prescribed manner if the applicant shows to the 7 of 2007, Sch.

satisfaction of the responsible Commission that he or she has a legitimate interest and good cause in furtherance of the objectives of this Act, in such declaration or clarication: Provided that prior to the responsible Commission making an afrmative decision under this section, it shall grant the opportunity to the affected party to make representations on the matter.

(2) No information obtained pursuant to subsection (1) shall be published or in any way made public except with prior written authority of the responsible Commission.

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183 The Public Ofcer Ethics Act [Rev.

2009 (3) Any person who- (a) publishes or in any way makes public any information obtained under the foregoing sections without prior permission of the responsible Commission; (b) knowingly republishes or otherwise disseminates or discloses to another person information to which this section relates where- (i) such information was disclosed to himself or to some other person; or (ii) such information was obtained in contravention of this Act, shall be guilty of an offence and liable on conviction to imprisonment for ve years or to a ne not exceeding ve hundred thousand shillings, or to both.

Retention of 31.

A Commission shall keep information collected under this information.

7 of 2007, Sch.

Part concerning a person for at least ve years after the person ceased to be a public ofcer.

Offences.

32.

A person who fails to submit a declaration or clarication as required under this Part or who submits, in such a declaration or clarication, information that he knows, or ought to know, is false or misleading, is guilty of an offence and is liable, on conviction, to a ne not exceeding one million shillings or to imprisonment for a term not exceeding one year or to both.

Administrative 33.

(1) Each Commission shall establish procedures for the procedures.

administration of this Part with respect to the public ofcers for which it is the responsible Commission.

(2) The administrative procedures shall be established and published in the Gazette within ninety days after the commencement of this Act.

(3) In relation to a Commission that is prescribed by regulation under section 3(10) to be a responsible Commission, subsection (2) shall apply as though the reference in that subsection to the commencement of this Act were a reference to the commencement of the regulation.

(4) Nothing in section 27 requires a public ofcer to submit a declaration before publication, under this section, of the relevant administrative procedures by the responsible Commission.

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183 15 34.

(1) Subject to subsection (2), the Minister may, by notice in Amendment of the Gazette, amend the Schedule to this Act.

Schedule.

(2) The Minister may not amend the Schedule to this Act unless a draft of the amendment has been laid before, and has been approved by resolution of, the National Assembly.

part VenforCement of Code of ConduCt and ethICS 35.

(1) The responsible Commission for a public ofcer may Investigations.

investigate to determine whether the public ofcer has contravened the Code of Conduct and Ethics.

(2) An investigation may be made on the Commissions own initiative or pursuant to a complaint by any person.

(3) The Commission may refer a matter to another appropriate body for investigation and that body shall investigate the matter within a reasonable time and submit a report to the Commission on its ndings.

(4) An investigation may be conducted even if the subject of the investigation has ceased to be a public ofcer.

36.

(1) If an investigation discloses that the public ofcer Disciplinary action.

has contravened the Code of Conduct and Ethics, the responsible 7 of 2007, Sch.

Commission shall, within the time period prescribed by subsection (2)- (a) take the appropriate disciplinary action; or (b) if the responsible Commission does not have the power to take the appropriate disciplinary action, refer the matter to a body or person who does have that power.

(2) The time period referred to in subsection (1) is- (a) within thirty days after the completion of the investigation; or (b) if another body investigated the matter under section 35 (3), within thirty days after the responsible Commission receives the report of that body.

(3) The responsible Commission shall inform the public ofcer concerned of any action it takes or intends to take under subsection (1) either before it takes the action or within thirty days after it does so.

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183 The Public Ofcer Ethics Act [Rev.

2009 (4) Subsection (3) does not affect any legal requirement to inform a public ofcer earlier than is required under that subsection.

(5) The regulations made under section 42 may govern what disciplinary action is appropriate for the purposes of subsection (1).

Publications of 37.

(1) A Commission shall ensure that any action it takes under actions.

section 36 (1) is made public in the manner prescribed.

(2) In making its action public the Commission shall ensure that at least the following is made public- (a) a description of the public ofcers contravention of the Code of Conduct and Ethics including the circumstances of the contravention and the degree of the public ofcers culpability; (b) a summary of the evidence upon which the nding that there was a contravention was based; and (c) a description of the disciplinary action the Commission took against the public ofcer or, if the Commission referred the matter to another body or person, the disciplinary action the Commission considered appropriate and the disciplinary action taken by that other body or person.

Referral for possible 38.

If, as a result of an investigation under this Part, the civil or criminal Commission is of the view that civil or criminal proceedings ought to proceedings.

be considered, the Commission shall refer the matter to the Attorney- General or other appropriate authority.

Exceptions.

39.

This Part (section 35 excepted) does not apply with respect to ofces for which the Constitution provides a procedure for removal for misbehaviour.

part VIGeneral Obstructing or 40.

A person who, without lawful excuse, obstructs or hinders hindering persons a person acting under this Act is guilty of an offence and is liable, under Act.

on conviction, to a ne not exceeding ve million shillings or to imprisonment for a term not exceeding ve years or to both.

Divulging 41.

A person who, without lawful excuse, divulges information information acquired acquired in the course of acting under this Act is guilty of an offence under Act.

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.

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183 17 42.

The Minister may make regulations for the better carrying Regulations.

out of the provisions of this Act.

www.kenyalaw.org 18 CAP.

183 The Public Ofcer Ethics Act [Rev.

2009 SCHEDULE (s.26) Declaration of Income, Assets and Liabilities.

Name of public ofcer (Surname) (First name) (Other names) 2.

Birth information (a).

Date of birth:.

(b).

Place of birth:.

Marital status:.

Address (a).

Postal address:.

(b).

Physical address:.

Employment information (a).

Designation:.

(b).

Name of employer:.

(c).

Nature of employment (permanent, temporary, contract, etc.):.

Names of spouse or spouses (Surname) (First name) (Other names).

Names of dependent children under the age of 18 years (Surname) (First name) (Other names).

Financial statement for:.

(A separate statement is required for the ofcer and each spouse and dependent child under the age of 18 years.(Additional sheets should be added as required.) (a).

Statement date: _ (b).

Income, including emoluments, for period from www.kenyalaw.org Rev.

2009] The Public Ofcer Ethics Act CAP.

183 19.

to.

(Including, but not limited to, salary and emoluments and income from investments.

The period is from the previous statement date to the current statement date.

For an initial declaration, the period is the year ending on the statement date.) Description Approximate amount (c).

Assets (as of the statement date) (Including, but not limited to, land, buildings, vehicles, investments and nancial obligations owed to the person for whom the statement is made.) Description Approximate value (include location of asset where applicable www.kenyalaw.org 20 CAP.

183 The Public Ofcer Ethics Act [Rev.

2009 (d).

Liabilities (as of the statement date) Description Approximate amount 9.

Other information that may be useful or relevant: I solemnly declare that the information I have given in this declaration is, to the best of my knowledge, true and complete.

Signature of ofcer:.

Date:.

Witness: Signature:.

Name:.

Address:.

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2009] The Public Ofcer Ethics Act CAP.

183 21 SUBSIDIARY LEGISLATION L.N.

50/2003.

JUDICIAL SERVICE CODE OF CONDUCT AND ETHICS The Judicial Service Commission establishes the following Judicial Service Code of Conduct and Ethics under section 5 (1) of the Public Ofcer Ethics Act, 2003: preamble The legal system of the Republic of Kenya is based on the principle that an independent, fair and competent Judicial Service will interpret and apply the laws of the land.

The role of the Judicial Service is central to the concepts of justice and the rule of law.

Intrinsic to all parts of this Code are the precepts that judicial ofcers individually and collectively, must respect and honour the judicial ofce they hold as a public trust and strive to enhance and maintain public condence in the system.

A judicial ofcer is an arbiter of facts and law for the resolution of disputes and a highly visible symbol of government under the rule of law.

The Code is intended to establish standards of ethical conduct of judicial ofcers and to be applied consistently with constitutional requirements, statutes, court rules and legal authorities and in the context of all relevant circumstances.

The Code is to be construed so as not to impinge on the essential independence of judicial ofcers in the making of judicial decisions or to limit their legal rights.

While regulations governing the discipline and general conduct of judicial ofcers and the procedure to be followed in cases of breach of discipline may be found in the Judicial Service Commission Regulations, this Code contains general rules of conduct and ethics to be observed by judicial ofcers so as to maintain the integrity and independence of the Judicial Service.

It should always be remembered that each judicial ofcer occupies a special and revered position which must be protected both in public and private life, so as not to bring the Judicial Service generally, into disrepute.

It is imperative, therefore, that every judicial ofcer should adhere to this Code with scrupulous care.

A judicial calling is one of sacrice and restricted lifestyle.

A lifestyle which is automatically accepted on appointment to the bench.

This code may be cited as the Judicial Service Code of Conduct and Title.

Ethics.

In this Code, unless the context otherwise requires Interpretation.

judicial ofcer shall mean and include any Judge, Magistrate, Registrar or Kadhi of all grades employed in the Judicial Service of Kenya.

Reference to the masculine gender includes females.

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183 The Public Ofcer Ethics Act [Rev.

2009 [Subsidiary] Rules.

In the performance of his duties a judicial ofcer shall strictly observe the following Rules of this Code.

Rule 1A judicial ofcer and any other ofcer in respect of which the Judicial Service Commission exercises disciplinary control shall comply with all the requirements of the General Code of Conduct and Ethics set out in Part III of the Public Ofcer Ethics Act, 2003.

Those requirements are set out in Appendix 1 and form part of this Code.

Rule 2 oath of offICe A judicial ofcer shall be true and faithful both to his Oath of Allegiance and the Judicial Oath, taken on appointment.

He should respect and faithfully apply the laws of the land in the performance of his judicial functions.

Rule 3 IndependenCe, InteGrIty and ImpartIalIty 1.

Due to the complexity, sensitivity and vitality of the courts jurisdiction in both criminal and civil cases, judicial ofcers shall be free and seen to be free from external inuence from any quarter, as everyone is equal before the law.

They shall not be improperly inuenced by (a) the sex, ethnic or national origin, religious belief, or political association of the victim of a crime, witness, accused person, plaintiff or defendant; (b) personal feelings concerning the plaintiff, defendant, victim of a crime or accused person; or (c) pressure from any individual or group of people, claiming to have an interest in a particular case.

Consequently judicial ofcers must refrain from consulting, discussing or seeking views outside judicial circles on matters which are before them or indeed any other court.

An independent and honourable Judicial Service is indispensable to achieving justice in our society.

A judicial ofcer should participate in establishing, maintaining, and enforcing high standards of judicial conduct.

The provisions of this Code are intended to preserve the integrity and the independence of the Judicial Service; the Code should be construed and applied to further these objectives.

www.kenyalaw.org The Public Ofcer Ethics Act CAP.

183 23 Rev.

2009] [Subsidiary] 5.

In all activities, a judicial ofcer shall exhibit respect for the rule of law, comply with the law, avoid impropriety and the appearance of impropriety, and act in a manner that promotes public condence in the integrity and the impartiality of the Judicial Service.

A judicial ofcer shall not allow family, social, political, or other relationships to inuence his conduct or judgment.

A judicial ofcer shall not use or lend the prestige of his judicial ofce to advance his private interest or those of others.

A judicial ofcer shall not knowingly convey or permit others to convey the impression that anyone is in a special position to inuence him.

A judicial ofcer shall not hold membership in any organization that he knows practises discrimination on the basis of race, sex, religion or ethnic or national origin.

The judicial duties of a judicial ofcer take precedence over all his other activities.

His judicial duties include all the duties of his ofce prescribed by law.

In the performance of these duties, the following standards shall apply (a) a judicial ofcer shall consider and decide all matters assigned to him except those in which his disqualication is required; (b) a judicial ofcer shall maintain professional competence in the law; (c) a judicial ofcer shall be faithful to the law and shall not deviate from the law to appease public clamour, to avoid criticism, or to advance an improper interest; (d) a judicial ofcer shall take reasonable steps to maintain and ensure order and decorum in judicial proceedings before him; (e) a judicial ofcer shall be patient, dignied, and courteous to litigants, assessors, witnesses, lawyers and others with whom he deals in an ofcial capacity, taking reasonable steps to maintain and ensure similar conduct from lawyers and from court staff and others subject to his direction and control; and (f) A judicial ofcer shall dispose of all judicial matters promptly, efciently and fairly.

Rule 4 reportInG reSponSIbIlItIeS 1.

A judicial ofcer having information establishing a likelihood that another judicial ofcer has violated this Code or reecting the other judicial ofcers lack of tness to hold judicial ofce shall inform the Chief Justice unless the judicial ofcer reasonably believes that the misconduct or lack of tness has been or will otherwise be reported.

Conduct reecting lack of tness to hold judicial ofce includes, without limiting the generality of the foregoing, physical or mental inrmity; soliciting or accepting a bribe or otherwise acting www.kenyalaw.org 24 CAP.

183 The Public Ofcer Ethics Act [Rev.

2009 [Subsidiary] dishonestly in reaching a judicial or administrative decision; improperly using or threatening to use the judicial ofcers judicial power in a manner adverse to someone elses interests for the purpose of inducing that person to bestow a benet upon the judicial ofcer or upon someone else pursuant to the judicial ofcers wishes; or commission of a felony.

A judicial ofcer possessing non privileged information pertaining to another judicial ofcers potential violation of this Code shall fully reveal this information upon proper request of the appropriate disciplinary authority or of any other tribunal empowered to investigate or act upon judicial misconduct.

Rule 5 dISqualIfICatIon A judicial ofcer shall disqualify himself in proceedings where his impartiality might reasonably be questioned including but not limited to instances in which- (a) he has a personal bias or prejudice concerning a party or his lawyer, or personal knowledge of facts in the proceedings before him; (b) he has served as a lawyer in the matter in controversy; (c) he or his family or a close relation has a nancial or any other interest that could substantially affect the outcome of the proceeding; or (d) he, or his spouse, or a person related to either of them or the spouse of such a person or a friend is a party to the proceedings.

Rule 6 SoCIal and reCreatIonal aCtIVItIeS A judicial ofcer may engage in the arts, sports and other social and recreational activities, if such activities do not adversely affect the dignity of his ofce or interfere with the performance of his judicial duties.

Rule 7 fIduCIary aCtIVItIeS 1.

A judicial ofcer should not serve as administrator, executor or trustee of any estate, except for the estate or trust of a member of his family and only if such service will not interfere with the proper performance of his judicial duties.

A member of the family of a judicial ofcer includes his spouse, child, grandchild, parent, grandparent or other relative or person with whom the judicial ofcer maintains a close family relationship.

www.kenyalaw.org The Public Ofcer Ethics Act CAP.

183 25 Rev.

2009] Rule 8 [Subsidiary] CIVIl and CharItable aCtIVItIeS 1.

A judicial ofcer is part and parcel of the society in which he lives.

Whereas, he should not be isolated, he is expected to remain within dignied limits.

Above all, a judicial ofcer should regulate his extra-judicial activities to minimize the risk of conict with judicial duties.

A judicial ofcer may only participate in Harambee if the same does not reect adversely upon his impartiality and so long as it does not interfere with the performance of his judicial duties.

A judicial ofcer may contribute towards or attend a Harambee but should not play a central part in its organization or preside over the same.

No judicial ofcer shall use his ofce to solicit for funds for a Harambee or any other purpose.

Rule 9 praCtICe law A judicial ofcer may engage in activities to improve the law, the legal system and the administration of justice.

A judicial ofcer should, however, not practice law either by offering legal advice or drafting legal documents or pleadings to litigants or members of the public whether for a fee or free of charge.

Rule 10 prIVate IntereSt Every Judicial ofcer and any other ofcer in the judicial service is required to observe the following general principles in relation to his private interests- (a) to ensure that he does not subordinate his judicial or administrative duties to his private interests or put himself in a position where there is a conict between his ofcial duties and his private interests; (b) to undertake not to associate outside his ofcial duties with any nancial or other activities in circumstances where there could be suspicion that his ofcial position or ofcial information available to him was being turned to his private gain or that of his associates; (c) to undertake not to engage in any occupation or business which might prejudice his status as a member of the Judicial Service or bring the Judicial Service into disrepute; and (d) to maintain at all times the professional and ethical standards which the public expects of him in transacting ofcial business with efciency, integrity and impartiality.

www.kenyalaw.org 26 CAP.

183 The Public Ofcer Ethics Act [Rev.

2009 [Subsidiary] Rule 11 prohIbIted ConduCt 1.

A judicial ofcer and any ofcer in the Judicial Service shall neither ask for nor accept any property or benet of any kind, for himself or for any person, on account of anything to be done, done or omitted to be done, by him in the discharge of his duties or by virtue of his ofcial position.

Subject to this Rule, a judicial ofcer and any ofcer in the Judicial Service or members of his family shall not solicit or accept any gifts, gratuity, hospitality, free passages or favours from any person or any body corporate or unincorporated that might reasonably be thought to inuence, or intended to inuence, him in the performance of his duties.

The provisions of Sub-Rule 2 apply not only to the judicial ofcer himself but also to the members of his family, and a judicial ofcer will be held responsible for their observance by the members of his family.

For the purposes of Sub-Rules 2 and 3 the members of the family of an ofcer shall be dened in Rule 7.2.

Subject to sub-rule 7a gift or donation to a judicial ofcer or any other ofcer in the Judicial Service on any public or ceremonial occasion shall be treated as a gift to the Government.

Where a gift or donation of the nature specied in Sub-Rule 2 is given without the knowledge of the ofcer or it would be offensive to custom or good public relations to refuse the gift, such ofcer shall forthwith report the matter to the Chief Justice who shall direct the appropriate mode of disposal of any such gift or donation and the ofcer shall comply with such direction.

Notwithstanding any other provisions of this Rule to the contrary, but subject to Section 11(3) of the General Code of Conduct and Ethics set out in Appendix 1 an ofcer may- (a) accept gifts which are occasional and inexpensive or in the form of a souvenir; and (b) accept personal gifts or donations from relatives or friends on such special occasions as may be recognized by custom.

When presents are exchanged between ofcers acting on behalf of the Government in ceremonial intercourse with other Governments or their representatives, the presents received will be handed over to the Chief Justice, who shall direct the appropriate mode of disposal, and any reciprocal presents will be given at the expense of the Judicial Service.

Rule 12 profeSSIonalISm and CourteSy 1.

A judicial ofcer and any other ofcer in the Judicial Service shall ensure that his ofcial and private conduct upholds at all times, the dignity and www.kenyalaw.org The Public Ofcer Ethics Act CAP.

183 27 Rev.

2009] [Subsidiary] integrity of the Judicial Service by conducting himself, both ofcially and in private, in a dignied, honest and impeccable manner.

For the purposes of section 25 of the general Code of Conduct and Ethics set out in Appendix 1, the appropriate authority to whom the ofcer shall report the matter under that section is the Chief Justice.

A judicial ofcer and any other ofcer in the Judicial Service shall, at all times, be disciplined whether or not on ofcial duty and shall, in particular- (a) maintain a standard of dressing and personal hygiene betting the dignity and image of the judicial service; (b) observe ofcial working hours, be punctual and meet deadlines; (c) not be absent from duty without proper authorization or reasonable cause; (d) perform his duties in an efcient and competent manner; (e) exercise diligence, care and attention and seek to achieve high standards of professionalism in the delivery of services; (f) practice and promote adherence to meritocratic principles and practices in appointments to Judicial Service whereof the guiding principles shall be qualications, merit, competence and experience; and (g) seek to contribute and enhance the standards of performance and level of professionalism in the Judicial Service.

A judicial ofcer and any other ofcer in the Judicial Service shall actively and personally promote a culture in the public service that aims at providing fast, friendly, responsive and efcient service and shall be courteous to all persons in the provision of such service.

Rule 13 prIVate aGenCIeS No judicial ofcer may undertake any private agency in any matter connected with the exercise of his public duties.

Rule 14 publIC StatementS and CommunICatIon wIth the preSS 1.

A judicial ofcer and any ofcer in the Judicial Service shall not make public statements on matters affecting Government programmes or policies of the Judicial Service without the specic authority of the Chief Justice.

A public statement includes communicating with the press.

www.kenyalaw.org 28 CAP.

183 The Public Ofcer Ethics Act [Rev.

2009 [Subsidiary] 2.

A judicial ofcer shall not, without the express permission of the Chief Justice- (a) act as the editor of any newspaper or take part directly or indirectly in the management thereof; nor (b) publish in any manner anything which may be reasonably regarded as of a political or administrative nature, whether under his own name, under a pseudonym or anonymously.

A judicial ofcer, and any ofcer in the Judicial Service whether on duty or on leave of absence, should not allow himself to be interviewed on questions of public policy affecting Kenya or any other country without the permission of the Chief Justice.

Whilst it is not desired to interfere with a judicial ofcers liberty of free speech, any lack of discretion on his part likely to embarrass the Government or the judicial service may result in appropriate consequences for the ofcer responsible.

Rule 15 prohIbItIon of StandInG for eleCtIon aS a member of the natIonal aSSembly or a loCal authorIty A judicial ofcer shall not stand for election as a Member of the National Assembly or a Local Authority or hold any political ofce.

Rule 16 polItICal aCtIVIty and attendanCe at polItICal meetInGS A judicial ofcer or any other ofcer in the Judicial Service is entitled to his own views on political matters but shall not be permitted to express those views publicly.

Rule 17 CanVaSSInG Judicial ofcers or other ofcers in Judicial Service shall not canvass either directly or indirectly for any favours in the Judicial Service or in any other organization.

Rule 18 abSenCe from Kenya A judicial ofcer and any other ofcer in the Judicial Service, who at any time wishes to travel outside Kenya, shall obtain the prior permission of the Chief Justice.

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183 29 Rev.

2009] [Subsidiary] Rule 19 report In CaSeS of banKruptCy, JudGmentdebtorS Deputy Registrars of the High Court and Court of Appeal and Magistrates will report to the Chief Justice every instance in which a judicial ofcer becomes a judgmentdebtor or proceedings are taken against a judicial ofcer in bankruptcy.

Rule 20 deClaratIon of InCome, aSSetS, and lIabIlItIeS Every judicial ofcer and any ofcer in the Judicial Service shall complete the declarations of assets and liabilities form in Appendix II of this Code in accordance with the provisions of Part IV of the Public Ofcer Ethics Act, 2003.

Rule 21 reportS In CaSeS of CrImInal proCeedInGS Deputy Registrars of the High Court and Court of Appeal and Magistrates will report to the Chief Justice every instance in which an ofcer is charged with a serious offence.

Proceedings for minor offences under, for example, the Trafc Act and Local by-laws may be disregarded, and the report should be conned to proceedings under the Penal Code and other Acts where a prison sentence may be imposed other than in default of payment of a ne.

Rule 22 breaCh of Code Where an ofcer has committed a breach of this Code, appropriate action will be taken in accordance with the provisions of the Public Ofcer Ethics Act 2003, Judicial Service Commission Regulations or the Constitution as the case may be.

_ APPENDIX 1 THE PUBLIC OFFICER ETHICS ACT, 2003 part IIIGeneral Code of ConduCt and ethICS 7.

This Part sets out a general Code of Conduct and Ethics for public Part sets out general Code.

ofcers.

Performance of 8.

A public ofcer shall, to the best of his ability, carry out his duties duties, general.

and ensure that the services that he provides are provided efciently and honestly.

www.kenyalaw.org 30 CAP.

183 The Public Ofcer Ethics Act [Rev.

2009 [Subsidiary] Professionalism 9.

A public ofcer shall (a) carry out his duties in a way that maintains public condence in the integrity of his ofce; (b) treat the public and his fellow public ofcers with courtesy and respect; (c) to the extent appropriate to his ofce, seek to improve the standards of performance and level of professionalism in his organization; (d) if a member of a professional body, observe the ethical and professional requirements of that body; (e) observe ofcial working hours and not be absent without proper authorization or reasonable cause; (f) maintain an appropriate standard of dress and personal hygiene; and (g) discharge any professional responsibilities in a professional manner.

Rule of law.

10.

(1) A public ofcer shall carry out his duties in accordance with the law.

(2) In carrying out his duties, a public ofcer shall not violate the rights and freedoms of any person under Part V of the Constitution.

No improper enrichment.

11.

(1) A public ofcer shall not use his ofce to improperly enrich himself or others.

(2) Without limiting the generality of subsection (1), a public ofcer shall not (a) except as allowed under subsection (3) or (4), accept or request gifts or favours from a person who- (i) has an interest that may be affected by the carrying out, or not carrying out, of the public ofcers duties; (ii) carries on regulated activities with respect to which the public ofcers organization has a role; or (iii) has a contractual or similar relationship with the public ofcers organization; (b) improperly use his ofce to acquire land or other property for himself or another person, whether or not the land or property is paid for; or www.kenyalaw.org The Public Ofcer Ethics Act CAP.

183 31 Rev.

2009] [Subsidiary] (c) for the personal benet of himself or another, use or allow the use of information that is acquired in connection with the public ofcers duties and that is not public.

(4) Subsection (2)(a) does not prevent a public ofcer from accepting a gift from a relative or friend given on a special occasion recognized by custom.

(5) subsection (2)(c) does not apply to the use of information for educational or literary purposes, research purposes or other similar purposes.

Conict of interest.

12.

(1) A public ofcer shall use his best efforts to avoid being in a position in which his personal interests conict with his ofcial duties.

(4) Notwithstanding any directions to the contrary under sub-section (3)(a), a public ofcer shall not award a contract, or inuence the award of a contract, to- (a) himself; (b) a spouse or relative; (c) a business associate; or (d) a corporation, partnership or other body in which the ofcer has an interest.

(5) The regulations may govern when the personal interests of a public ofcer conict with his ofcial duties for the purposes of this section.

(6) In this section, personal interest includes the interest of a spouse, www.kenyalaw.org 32 CAP.

183 The Public Ofcer Ethics Act [Rev.

2009 [Subsidiary] relative or business associate.

Collections and 13.

(1) A public ofcer shall not- harambees.

Cap.

106.

(2) In this section, collection, collector and promoter have the same meanings as in section 2 of the Public Collections Act.

Acting for foreigners.

14.

(1) No public ofcer shall, in a manner that may be detrimental to the security interests of Kenya, be an agent for, or further the interests of, a foreign government, organization or individual.

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

Care of property.

15.

(1) A public ofcer shall take all reasonable steps to ensure that property that is entrusted to his care is adequately protected and not misused or misappropriated.

(2) A person who contravenes subsection (1) shall be personally liable for losses resulting from the contravention.

Political neutrality.

16.

(2) A public ofcer shall not engage in political activity that may compromise or be seen to compromise the political neutrality of his ofce.

(3) This section does not apply to a member of the National Assembly or a councillor of a local authority.

Nepotism, etc.

17.

A public ofcer shall not practice nepotism or favouritism.

www.kenyalaw.org The Public Ofcer Ethics Act CAP.

183 33 Rev.

2009] [Subsidiary] 18.

A public ofcer who has a duty to give advice shall give honest and Giving of advice.

impartial advice without fear or favour.

19.

A public ofcer shall not knowingly give false or misleading Misleading the information to members of the public or to any other public ofcer.

public, etc.

20.

(1) A public ofcer shall conduct his private affairs in a way that Conduct of private maintains public condence in the integrity of his ofce.

affairs.

(2) A public ofcer shall not evade taxes.

(3) A public ofcer shall not neglect his nancial obligations or neglect to settle them.

21.

(1) A public ofcer shall not sexually harass a member of the public Sexual harassment.

or a fellow public ofcer.

22.

A public ofcer shall practice and promote the principle that public Selection, etc.

of ofcers should be- public ofcers.

(a) selected on the basis of integrity, competence and suitability; or (b) elected in fair elections.

23.

A public ofcer shall submit any declaration or clarication required Submitting of under Part IV to be submitted or made by him.

declarations, etc.

24.

(1) A public ofcer contravenes the Code of Conduct and Ethics if- Acting through (a) he causes anything to be done through another person that would, if others.

the public ofcer did it, be a contravention of the Code of Conduct and Ethics; or (b) he allows or directs a person under his supervision or control to do anything that is a contravention of the Code of Conduct and Ethics.

(2) Subsection (1) (b) does not apply with respect to anything done without the public ofcers knowledge or consent if the public ofcer took reasonable steps to prevent it.

www.kenyalaw.org 34 CAP.

183 The Public Ofcer Ethics Act [Rev.

2009 [Subsidiary] Reporting improper 25.

If a public ofcer considers that anything required of him is a orders.

contravention of the Code of Conduct and Ethics or is otherwise improper or unethical, he shall report the matter to an appropriate authority.

APPENDIX II THE PUBLIC OFFICER ETHICS ACT, 2003 (Section 26) part IVdeClaratIon of InCome, aSSetS and lIabIlItIeS 1.

Name of public ofcer: (Surname) (First name) (Other names).

Birth information: (a) Date of birth.

(b) Place of birth 3.

Marital status 4.

Address: (a) Postal address.

(b) Physical address 5.

Employment information: (a) Designation.

(b) Name of employer (c) Nature of employment (permanent, temporary, contract, etc.).

Names of spouse or spouses: (Surname) (First name) (Other names) 7.

Names of dependant children under the age of 18 years.

(Surname) (First name) (Other names) 8.

Financial statement for (A separate statement is required for the ofcer and each spouse and dependent child under the age of 18 years.

Additional sheets should be added as required.) (a) Statement date.

www.kenyalaw.org The Public Ofcer Ethics Act CAP.

183 35 Rev.

2009] [Subsidiary] (b) Income, including emoluments, for period from to.

(Including, but not limited to, salary and emoluments and income from investments.

The period is from the previous statement date to the current statement date.

For an initial declaration, the period is the year ending on the statement date.) Description Approximate amount (c) Assets (as of the statement date) (Including, but not limited to, land, buildings, vehicles, investments and nancial obligations owed to the person for whom the statement is made.) Description Approximate value (include location of asset where applicable) (d) Liabilities (as of the statement date) Description Approximate amount 9.

Other information that may be useful or relevant: I solemnly declare that the information I have given in this declaration www.kenyalaw.org 36 CAP.

183 The Public Ofcer Ethics Act [Rev.

2009 [Subsidiary] is, to the best of my knowledge, true and complete.

Signature of ofcer: Date:.

WITNESS: Signature:.

Name:.

Address:.

www.kenyalaw.org The Public Ofcer Ethics Act CAP.

183 37 Rev.

2009] [Subsidiary] THE NATIONAL SECURITY INTELLIGENCE L.N.

117/2003.

SERVICE PROCEDURES FOR THE ADMINISTRATION OF PART IV OF THE ACT 1.

These procedures may be cited as the National Security Intelligence Citation.

Service Procedures for the Administration of Part IV of the Act.

In these Procedures, unless the context otherwise requires Interpretation administration ofcer means the Director-General of the National Security Intelligence Service; Council means the National Security Intelligence Council.

These Procedures are for the administration of Part IV of the Act Scope of Procedures.

with respect to the public ofcers for whom the Council is the responsible Commission under the Act.

Administration 4.

The administration ofcer shall be responsible for the administration of Part IV of the Act by the Council.

ofcer.

Declarations to be submitted to the Council under Part IV of the Act To whom declarations shall be submitted to the administration ofcer.

submitted.

Requests for clarications under section 28 of the Act shall be made, Who may make requests for on behalf of the Council, by the administration ofcer or by staff of the National Security Intelligence Service authorized in writing by him for that purpose.

clarications.

Review of 7.

(1) The administration ofcer, or staff of the National Security declarations, etc.

Intelligence Service Authorized by him for the purpose, shall review each declaration to ascertain if, in the opinion of the administration ofcer or staff, any of the following conditions are satised- (a) on the face of the declaration, or in light of any other information the Council may have, there is reason to suspect the declaration may be false or incomplete; (b) the assets of the person who submitted the declaration are disproportionate to his income; or (c) the income, assets or liabilities of the person who submitted the declaration raise concerns of impropriety or conict of interest.

(2) If it is ascertained that any of the conditions in subparagraph (1) are satised, the person who submitted the declaration shall be given an opportunity to give an explanation.

www.kenyalaw.org 38 CAP.

183 The Public Ofcer Ethics Act [Rev.

2009 [Subsidiary] (3) If, after considering any explanation the person who submitted the declaration may give, the administration ofcer is of the opinion that any of the conditions in subparagraph (1) are still satised, the administration ofcer shall bring the matter to the attention of the Council.

(4) The Council may, with respect to a matter brought to its attention under paragraph (3), take such action as it considers appropriate including, without limiting the generality of the foregoing, notifying the Kenya Anti-Corruption Commission and giving the Kenya Anti-Corruption Commission particulars of the condition that is satised and a copy of the declaration.

Authorization of staff 8.

(1) The Council or the administration ofcer may authorize staff of under s.

30 (4)(a).

the National Security Intelligence Service for the purposes of section 30(4) (a) of the Act.

(2) An authorization under paragraph (1) shall be in writing.

Condition for certain 9.

Except as provided under paragraph 7(4) information shall not be disclosures to police, disclosed, under section 30(4)(b) of the Act, to the police or any other law etc.

enforcement agency unless a written request is provided.

Condition for 10.

Information shall not be disclosed, under section 30(4)(d) of the disclosures to Act, to a representative of the person who provided the information unless the representatives.

representative provides copies of documents that establish the representatives authority to receive the information.

Administration 11.

The administration ofcer shall ensure that failures by public ofcers ofcer to report non- to comply with the requirements of part IV of the Act are brought to the attention compliance.

of the Council.

www.kenyalaw.org The Public Ofcer Ethics Act CAP.

183 39 Rev.

2009] [Subsidiary] THE NATIONAL SECURITY INTELLIGENCE SERVICE LN.

118/2003.

CODE OF CONDUCT AND ETHICS ARRANGEMENT OF CODE Preamble.

part IprelImInary 1Citation.

2Interpretation.

3Application of Code.

part IIrequIrementS 4Compliance with General Code.

5Faithfulness to oaths or afrmations.

6Prohibition against standing for election.

7Political neutrality.

8Canvassing for favours in Service.

9Public comments.

10Private affairs-outside activities.

11Endorsing of private activities, etc.

12Private affairs-nancial dealings.

13Potential conicts of interest.

14Gifts.

15Harambees.

16Safeguarding of information.

17Contact with foreign governments, etc.

18Security of premises.

19Public ofcer as expert witness.

20Absence from Kenya.

21Certicate if absent due to illness.

22Reporting of charges against a public ofcer.

23Appropriate person to whom improper orders to be reported.

24Breach of Code.

AppendixGeneral Code of Conduct and Ethics.

www.kenyalaw.org 40 CAP.

183 The Public Ofcer Ethics Act [Rev.

2009 [Subsidiary] THE NATIONAL SECURITY INTELLIGENCE SERVICE CODE OF CONDUCT AND ETHICS Preamble.

Public service is a public trust requiring employees to place loyalty to the Constitution, other laws and ethical principles above their own personal interests.

This Code is intended to establish standards of ethical conduct and behavior for members of the National Security Intelligence Service.

This Code contains rules of conduct and ethics to be observed by members of the Service so as to maintain public condence in the integrity of the Service.

The Code does not in any way replace the regulations governing the discipline and general conduct of members of the Service.

Members must obey those regulations and all other applicable laws.

part IprelImInary Citation.

This Code may be cited as the National Security Intelligence Service Code of Conduct and Ethics.

Interpretation.

In this Code, unless the context otherwise requires- Director-General means the Director-General of the National Security Intelligence Service; rule 3.Public ofcer means a public ofcer to whom this code applies under Application of Code.

This Code applies with respect to the members of the National Security Intelligence Service.

part IIrequIrementS Compliance with 4.

(1) A public ofcer shall comply with all the requirements of the General Code.

General Code of Conduct and Ethics set out in Part III of the Act.

(2) The General Code of Conduct and Ethics set out in Part III of the Act is set out in the Appendix to this Code and shall form part of this Code.

Faithfulness to oaths 5.

A public ofcer shall be true and faithful to the oaths or afrmations or afrmations.

taken, as required under the National Security Intelligence Service Act, 1998, on being appointed to the National Security Intelligence Service.

Prohibition against 6.

A public ofcer shall not stand for election as a member of the National standing for election.

Assembly or a local authority or hold a political ofce.

Political neutrality.

Regardless of his political opinions, a public ofcer shall serve impartially, with loyalty, honesty and objectivity.

Canvassing for favours in Service.

A public ofcer shall not canvass or lobby, either directly or indirectly, www.kenyalaw.org The Public Ofcer Ethics Act CAP.

183 41 Rev.

2009] for any favors in the National Security Intelligence Service.

[Subsidiary] Public comments.

A public ofcer- (a) shall not make public comments that support or criticize a political party; (b) shall not make public comments that may compromise, or may reasonably be seen to compromise, the political neutrality of his ofce; (c) shall not publicly comment, except in furtherance of his ofcial duties, on matters in relation to which he has been professionally involved or on matters that relate to Kenyas foreign policy or national security and shall not publicly comment on such matters even in furtherance of his ofcial duties, without the authority of the Director-General; (d) shall not, expressly or by implication, represent that any public comments he makes reect the views or opinions of the National Security Intelligence Service if that is not the case.

10.

(1) While a public ofcer should not be isolated from the society of Private affairs outside which he is a part, he shall ensure that his non-ofcial activities do not interfere activities.

with his ofcial duties or affect the dignity of his ofce and that the risk of conict with non-ofcial duties is minimized.

(2) A public ofcer shall not engage in private business during ofcial working hours.

11.

A public ofcer shall not use his position or title or any authority Endorsing of private associated with his public ofce in a manner that could reasonably be construed activities, etc.

to imply that the National Security Intelligence Service or the Government sanctions or endorses any activities, either by him or by any other person, that are not activities of the National Security Intelligence Service.

12.

A public ofcer shall live within his means and avoid incurring any Private affairs nancial liability that he cannot satisfy.

nancial dealings.

13.

If, because of a public ofcers duties, there is a likelihood that the Potential conicts of public ofcer will be assigned a matter that would result in the public ofcer interest.

having a conict of interest, the public ofcer shall inform his superior ofcer of that likelihood.

14.

(1) If a public ofcer is given a gift described in paragraph (2), Gifts.

then, even if the gift is not deemed, under section 11(3) of the General Code of Conduct and Ethics set out in the Appendix to this Code, to be a gift to the public ofcers organization- (a) the public ofcer shall report the matter to the Director-General who shall direct the appropriate mode of disposal of the gift; and www.kenyalaw.org 42 CAP.

183 The Public Ofcer Ethics Act [Rev.

2009 [Subsidiary] (b) The public ofcer shall comply with such direction.

(2) The gifts referred to in paragraph (1) are- (a) a gift from a person described in subparagraph (i), (ii) or (iii) of section 11(2)(a) of the General Code of Conduct and Ethics set out in the Appendix to this Code; or (b) a gift given to the public ofcer on a public or ceremonial occasion.

(3) A gift given to the public ofcer is otherwise allowed to accept from a relative or friend because it is given on a special occasion recognized by custom shall not be accepted by the public ofcer in a public ofce.

(4) A public ofcer shall not- (a) give a gift to a superior ofcer; (b) make a contribution, or solicit contributions, for a gift to a superior ofcer; or (c) solicit contributions from a public ofcer for a gift to a superior ofcer of that public ofcer.

Harambees.

15.

(1) A public ofcer shall not preside over a harambee, play a central role in its organization or play the role of guest of honour.

(2) A public ofcer shall not participate in a harambee in such a way as to reect adversely on his integrity or impartiality or to interfere with the performance of his ofcial duties.

Safeguarding of 16.

(1) A public ofcer shall ensure that condential or secret information information.

or documents entrusted to his care are adequately protected from improper or inadvertent disclosure.

(2) A public ofcer shall follow the National Security Intelligence Service procedures and directives for safeguarding information and documents and shall not disclose any information in contravention of such procedures and directives.

Contact with foreign 17.

A public ofcer shall not have contact with foreign governments or governments, etc organizations in contravention of the National Security Intelligence Service procedures and directives relating to such contacts.

Security of premises.

18.

A public ofcer shall follow the National Security Intelligence Service procedures and directives for ensuring the security of National Security Intelligence Service premises.

19.

(1) Unless authorized in writing by the Director-General, a public Public ofcer as expert witness.

ofcer shall not agree to be an expert witness, other than on behalf of the National Security Intelligence Service or the Government, in a proceeding in www.kenyalaw.org The Public Ofcer Ethics Act CAP.

183 43 Rev.

2009] which the National Security Intelligence Service or the Government is a party [Subsidiary] or has a substantial interest.

(2) Nothing in paragraph (1) prevents a public ofcer who has been summoned by the court or other appropriate authority from appearing as an expert witness but the public ofcer shall, before appearing, notify his superior that he has been so summoned.

Absence from Kenya.

20.

A public ofcer shall not leave Kenya without the permission of the Director-General.

Certicate if absent 21.

A public ofcer who is absent because of illness shall provide a due to illness.

certicate from a medical practitioner with respect to his illness.

Reporting of charges 22.

(1) A public ofcer who is charged with an offence described in against a public paragraph (3) shall forthwith report the matter to the Director-General.

ofcer (2) A public ofcer who discovers that a public ofcer under his supervision has been charged with an offence described in paragraph (3) shall either ensure that the matter is reported under paragraph (1) or report the matter to the Director-General directly.

(3) An offence referred to in paragraph (1) or (2) is an offence that may be punished by imprisonment, other than in default of payment of a ne.

23.

For the purposes of section 25 of the General Code of Conduct and Appropriate person Ethics set out in the Appendix to this Code, the appropriate authority to whom a to whom improper orders to be reported.

public ofcer shall report a matter under that section is the Director-General.

Breach of Code.

24.

Where a public ofcer has committed a breach of this Code, appropriate action will be taken in accordance with the Act and other applicable laws.

APPENDIX (rule 4 (2)) part IIIGeneral Code of ConduCt and ethICS 7.

This Part sets out a general Code of Conduct and Ethics for public Part sets out general Code.

ofcers.

Performance of 8.

A public ofcer shall, to the best of his ability, carry out his duties duties, general.

and ensure that the services that he provides are provided efciently and honestly.

Professionalism.

183 The Public Ofcer Ethics Act [Rev.

2009 [Subsidiary] (c) to the extent appropriate to his ofce, seek to improve the standards of performance and level of professionalism in his organization; (d) if a member of a professional body, observe the ethical and professional requirements of that body; (e) observe ofcial working hours and not be absent without proper authorization or reasonable cause; (f) maintain an appropriate standard of dress and personal hygiene; and (g) discharge any professional responsibilities in a professional manner.

Rule of law.

10.

(1) A public ofcer shall carry out his duties in accordance with the law.

(2) In carrying out his duties, a public ofcer shall not violate the rights and freedoms of any person under Part V of the constitution.

No improper enrichment.

11.

(1) A public ofcer shall not use his ofce to improperly enrich himself or others.

(2) Without limiting the generality of subsection (1), a public ofcer shall not- (a) except as allowed under subsection (3) or (4), accept or request gifts or favours from a person who- (i) has an interest that may be affected by the carrying out, or not carrying out, of the public ofcers duties; (ii) carries on regulated activities with respect to which the public ofcers organisation has a role; or (iii) has a contractual or similar relationship with the public of- cers organisation ; (b) improperly use his ofce to acquire land or other property for himself or another person, whether or not the land or property is paid for; or (c) for the personal benet of himself or another, use or allow the use of information that is acquired in connection with the public ofcers duties and that is not public.

183 45 Rev.

2009] [Subsidiary] ofcers organisation.

(4) Subsection (2)(a) does not prevent a public ofcer from accepting a gift from a relative or friend given on a special occasion recognized by custom.

(5) Subsection (2)(c) does not apply to the use of information for educational or literary purposes, research purposes or other similar purposes.

Conict of interest.

12.

(1) A public ofcer shall use his best efforts to avoid being in a position in which his personal interests conict with his ofcial duties.

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

(3) A public ofcer whose personal interests conict with his ofcial duties shall (a) declare the personal interests to his superior or other appropriate body and comply with any directions to avoid the conict; and (b) refrain from participating in any deliberations with respect to the matter.

(4) Notwithstanding any directions to the contrary under subsection (3)(a), a public ofcer shall not award a contract, or inuence the award of a contract, to (a) himself; (b) a spouse or relative; (c) a business associate; or (d) a corporation, partnership or other body in which the ofcer has an interest.

(5) The regulations may govern when the personal interests of a public ofcer conict with his ofcial duties for the purposes of this section.

(6) In this section, personal interest includes the interest of a spouse, relative or business associate.

Collections and 13.

(1) A public ofcer shall not harambees.

(a) use his ofce or place of work as a venue for soliciting or collecting harambees; or www.kenyalaw.org 46 CAP.

183 The Public Ofcer Ethics Act [Rev.

2009 [Subsidiary] (b) either as a collector or promoter of a public collection, obtain money or other property from a person by using his ofcial position in any way to exert pressure.

Cap.

106.

(2) In this section, collection, collector, and promoter have the same meanings as in section 2 of the Public Collections Act.

Acting for foreigners.

14.

(1) No public ofcer shall, in a manner that may be detrimental to the security interests of Kenya, be an agent for, or further the interests of, a foreign government, organisation or individual.

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

Care of property.

15.

(1) A public ofcer shall take all reasonable steps to ensure that property that is entrusted to his care is adequately protected and not misused or misappropriated.

(2) A person who contravenes subsection (1) shall be personally liable for losses resulting from the contravention.

Political neutrality.

16.

(1) A public ofcer shall not, in or in connection with the performance of his duties as such (a) act as an agent for, or so as to further the interest of, a political party; or (b) indicate support for or opposition to any political party or candidate in an election.

(2) A public ofcer shall not engage in political activity that may compromise or be seen to compromise the political neutrality of his ofce.

(3) This section does not apply to a member of the National Assembly or a councillor of a local authority.

Nepotism, etc.

17.

A public ofcer shall not practice nepotism or favouritism.

Giving of advice.

18.

A public ofcer who has a duty to give advice shall give honest and impartial advice without fear or favour.

Misleading the public, etc.

19.

A public ofcer shall not knowingly give false or misleading information to members of the public or to any other public ofcer.

Conduct of private 20.

(1) A public ofcer shall conduct his private affairs in a way that www.kenyalaw.org The Public Ofcer Ethics Act CAP.

183 47 Rev.

2009] [Subsidiary] maintains public condence in the integrity of his ofce.

affairs.

(2) A public ofcer shall not evade taxes.

(3) A public ofcer shall not neglect his nancial obligations or neglect to settle them.

21.

(1) A public ofcer shall not sexually harass a member of the public Sexual harassment.

or a fellow public ofcer.

(2) In subsection (1), sexually harass includes doing any of the following, if the person doing it knows or ought to know that it is unwelcome - (a) making a request or exerting pressure for sexual activity or favours; (b) making intentional or careless physical contact that is sexual in nature; and (c) making gestures, noises, jokes or comments, including innuendoes, regarding another persons sexuality.

22.

A public ofcer shall practice and promote the principle that public Selection, etc, of ofcers should be- public ofcers.

(a) selected on the basis of integrity, competence and suitability; or (b) elected in fair elections.

23.

A public ofcer shall submit any declaration or clarication required Submitting of under part IV to be submitted or made by him.

declarations, etc.

24.

(1) A public ofcer contravenes the Code of Conduct and Ethics if- Acting through (a) he causes anything to be done through another person that would, if others.

the public ofcer did it, be a contravention of the Code of Conduct and Ethics; or (b) he allows or directs a person under his supervision or control to do anything that is contravention of the Code of Conduct and Ethics.

(2) Subsection (1)(b) does not apply with respect to anything done without the public ofcers knowledge or consent if the public ofcer took reasonable steps to prevent it.

25.

If a public ofcer considers that anything required of him is a Reporting improper contravention of the Code of Conduct and Ethics or is otherwise improper or orders.

unethical, he shall report the matter to an appropriate authority.

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183 The Public Ofcer Ethics Act [Rev.

2009 [Subsidiary] L.N.

120/2003, THE PUBLIC OFFICER ETHICS REGULATIONS, 2003 L.N.

64/2010.

ARRANGEMENT OF REGULATIONS Preliminary 1Citation and commencement.

2Denitions.

Additional public ofcers covered by Act 3Extension of Act to all state corporations.

Responsible Commissions 4Members of Teachers Service Commission.

5Staff of Teachers Service Commission.

6Responsible Commission for public university employees, etc.

7Commission for co-operative society employees, etc.

8Commission for government controlled bank employees, etc.

9Commission for others not specied.

Regulations relating to the Code of Conduct and Ethics 10Maximum value of gifts under section 11 (3) of the Act.

11Conict of interest under section 12 of the Act.

Regulations relating to the enforcement of the Code 12Conrmation that complaint received.

13Publication of actions relating to discipline.

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183 49 Rev.

2009] [Subsidiary] THE PUBLIC OFFICER ETHICS REGULATIONS, 2003 Preliminary 1.

(1) These Regulations may be cited as the Public Ofcer Ethics Citation and Regulations, 2003.

commencement.

(2) Regulations 10 and 11 shall be deemed to have come into force on nd the 2 May, 2003.

In these Regulations- Denitions.

state corporation means a state corporation within the meaning of the Cap.

446.

State Corporations Act.

Additional public ofcers covered by Act 3.

State corporations are prescribed for the purposes of paragraph (g) Extension of Act to of the denition of public ofcer in section 2 of the Act.

all state corporations.

Responsible Commissions 4.

The committee of the National Assembly responsible for the ethics Members of Teachers of members is the responsible Commission for the members of the Teachers Service Commission.

Service Commission.

The Teachers Service Commission is the responsible Commission for Staff of Teachers the ofcers and employees of the Teachers Service Commission.

Service Commission.

The Commission for Higher Education, established under the Responsible Universities Act, is prescribed as the responsible Commission for ofcers and Commission for employees of a public university, including the members of a council of a public public university university other than members who are members of the public service for whom employees, etc.

the Public Service Commission is the responsible Commission.

(1) The Ethics Commission for Co-operative Societies established Commission for in accordance with paragraph (2) is prescribed as the responsible Commission co-operative society for ofcers of a co-operative society established under the Co-operative ofcers, etc.

Societies Act, including the members of the governing body of the co-operative society.

(2) An unincorporated body to be known as the Ethics Commission for Co-operative Societies is hereby established which shall consist of (a) a Chairman, who shall be a person with wide experience in Co- operative business, appointed by the Minister for Cooperative Development; (b) a Vice-chairman, elected by the members of the Commission from amongst the members; www.kenyalaw.org 50 CAP.

183 The Public Ofcer Ethics Act [Rev.

2009 [Subsidiary] (c) the Permanent Secretary of the Ministry responsible for Cooperative Development and Marketing or his designated representative; (d) the Permanent Secretary of the Ministry responsible for integrity issues or his designated representative; (e) the Director of the Co-operative College of Kenya; (f) a representative of the Co-operative Alliance of Kenya; (g) four other persons appointed by the Minister for Cooperative Development to represent (i) the Institute of Certied Public Accountants of Kenya; (ii) an institution of higher education (University); (iii) the Kenya Bankers Association; (iv) the Sacco Society Regulatory Authority.

(3) A member of the Committee appointed under paragraph (2) (a) and (g) shall hold ofce for a term of three years and shall be eligible for re- appointment for one further term.

Commission 8.

(1) The board of directors of the Central Bank of Kenya is prescribed for government controlled bank as the responsible Commission for ofcers and employees of the following- employees, etc.

(a) the Central Bank of Kenya; and (b) banks and nancial institutions licensed under the Banking Act that are state corporations.

(2) For the purposes of paragraph (1), ofcers - (a) includes the members of the board, by whatever name called, carrying out or empowered to carry out functions relating to the overall direction and management of a bank of nancial institution described in paragraph (1)(b), other than members who are members of the public service for whom the Public Service Commission is the responsible Commission; and (b) does not include members of the board of directors of the Central Bank of Kenya.

Commission for 9.

The Public Service Commission is prescribed as the responsible others not specied.

Commission for ofcers, employees and members for whom no other responsible Commission is specied under subsections (2) to (9) of section 3 of the Act or regulations 4 to 8.

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183 51 Rev.

2009] [Subsidiary] Regulations relating to the Code of Conduct and Ethics 10.

The maximum value prescribed, for the purposes of section 11(3) Maximum value of of the Act, that a non-monetary gift to a public ofcer may have without being gifts under section 11 (3) of the Act.

deemed to be a gift to the public ofcers organisation is 20,000 shillings.

Conict of interest 11.

The personal interests of a public ofcer do not conict with his under section 12 of ofcial duties with respect to a matter, for the purposes of section 12 of the the Act.

Act, if the following are satised- (a) the personal interests of the public ofcer are not specic to the public ofcer but arise from the public ofcer being a member of a class of persons who all have personal interests in the matter; (b) it would be impractical for the public ofcer and all other public ofcers who have personal interests in the matter to refrain from participating in deliberations with respect to the matter; and (c) either the personal interests of the public ofcer are obvious or the public ofcer declares his personal interests to his superior or other appropriate body or person.

Regulations relating to the enforcement of the Code 12.

A responsible Commission that receives a written complaint that the Conrmation that Code of Conduct and Ethics has been contravened shall, within thirty days, give complaint received.

the complainant a written conrmation that the complaint has been received.

13.

The prescribed manner of making an action of a Commission public Publication of actions under section 37 (1) of the Act is publication in the Gazette.

relating to discipline.

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183 The Public Ofcer Ethics Act [Rev.

2009 [Subsidiary] L.N.

121/2003.

THE JUDICIAL SERVICE COMMISSION PROCEDURES FOR THE ADMINISTRATION OF PART IV OF THE ACT Citation.

These procedures may be cited as the Judicial Service Commission Procedures for the Administration of Part IV of the Act.

Interpretation.

In these procedures, unless the context otherwise requires- administration ofcer means the Secretary of the Commission; Commission means the Judicial Service Commission.

Scope of procedures.

These procedures are for the administration of Part IV of the Act with respect to the public ofcers for whom the Commission is the responsible Commission under the Act.

Administration 4.

The administration ofcer shall be responsible for the administration ofcer.

of Part IV of the Act by the Commission.

To whom 5.

Declarations to be submitted to the Commission under Part IV of the declarations Act shall be submitted to the administration ofcer.

submitted.

Who may make 6.

Requests for clarications under section 28 of the Act shall be made, requests for on behalf of the Commission, by the administration ofcer or by staff of the clarications.

Commission authorized in writing by him for that purpose.

Review of 7.

(1) The administration ofcer, or staff of the Commission authorized declarations, etc.

by him for the purpose, shall review each declaration to ascertain if, in the opinion of the administration ofcer or staff, any of the following conditions are satised- (a) on the face of the declaration, or in light of any other information the Commission may have, there is reason to suspect the declaration may be false or incomplete; (b) the assets of the person who submitted the declaration are disproportionate to his income; or (c) the income, assets or liabilities of the person who submitted the declaration raise concerns of impropriety or conict of interest.

(2) If it is ascertained that any of the conditions in subparagraph (1) are satised, the person who submitted the declaration shall be given an opportunity to give an explanation.

(3) If, after considering any explanation the person who submitted the declaration may give, the administration ofcer is of the opinion that any of the conditions in subparagraph (1) are still satised, the administration ofcer shall bring the matter to the attention of the Commission.

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183 53 Rev.

2009] [Subsidiary] (4) The Commission may, with respect to a matter brought to its attention under paragraph (3), take such action as it considers appropriate including, without limiting the generality of the foregoing, notifying the Kenya Anti- Corruption Commission and giving the Kenya Anti-Corruption Commission particulars of the condition that is satised and a copy of the declaration.

Authorization of staff 8.

(1) The Commission or the administration ofcer may authorize staff under s.

30 (4)(a).

of the Commission for the purposes of section 30 (4)(a) of the Act.

(2) An authorization under paragraph (1) shall be in writing.

Except as provided under paragraph 7(4) information shall not be Condition for certain disclosed, under section 30 (4)(b) of the Act, to the police or any other law disclosures to police, enforcement agency unless a written request is provided.

etc.

10.

Information shall not be disclosed, under section 30 (4)(d) of the Condition for Act, to a representative of the person who provided the information unless the disclosures to representatives.

representative provides copies of documents that establish the representatives authority to receive the information.

Administration 11.

The administration ofcer shall ensure that failures by public ofcers to comply with the requirements of Part IV of the Act are brought to the attention ofcer to report non- of the Commission.

compliance.

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183 The Public Ofcer Ethics Act [Rev.

2009 [Subsidiary] THE PUBLIC SERVICE COMMISSION PROCEDURES FOR L.N.

122/2003.

THE ADMINISTRATION OF PART IV OF THE ACT Citation.

These procedures may be cited as the Public Service Commission Procedures for the Administration of Part IV of the Act.

Interpretation 2.

In these procedures, unless the context otherwise requires- administration ofcer means the Senior Deputy Secretary of the Commission; Commission means the Public Service Commission.

Scope of procedures.

These procedures are for the administration of Part IV of the Act with respect to the public ofcers for whom the Commission is the responsible Commission under the Act.

Administration 4.

The administration ofcer shall be responsible for the administration of Part IV of the Act by the Commission.

ofcer.

To whom 5.

Declarations to be submitted to the Commission under Part IV of the declarations Act shall be submitted to the administration ofcer.

submitted.

Who may make 6.

Requests for clarications under section 28 of the Act shall be made, requests for on behalf of the Commission, by the administration ofcer or by staff of the Commission authorized in writing by him for that purpose.

clarications.

Review of 7.

(1) The administration ofcer, or staff of the Commission authorized declarations, etc.

(2) If it is ascertained that any of the conditions in subparagraph (1) are satised, the person who submitted the declaration shall be given an opportunity to give an explanation.

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183 55 Rev.

(1) The Commission or the administration ofcer may authorize staff Authorization of staff of the Commission for the purposes of section 30 (4)(a) of the Act.

under s.

30 (4)(a).

(2) An authorization under paragraph (1) shall be in writing.

etc 10.

Information shall not be disclosed, under section 30 (4)(d) of the Condition for Act, to a representative of the person who provided the information unless the disclosures to representative provides copies of documents that establish the representatives representatives.

authority to receive the information.

11.

The administration ofcer shall ensure that failures by public ofcers Administration to comply with the requirements of Part IV of the Act are brought to the attention of the Commission.

ofcer to report non- compliance.

12.

The following shall apply with respect to the application of these Application where procedures by a person to whom the powers and functions of the Commission powers, etc.

under Part IV of the Act have been delegated under section 4 of the Act:- delegated.

(a) a reference to administration ofcer shall be deemed to be a reference to the person to whom the powers and functions have been delegated; (b) a reference to staff of the Commission shall be deemed to be a reference to staff under the authority of the person to whom the powers and functions have been delegated; (c) the person to whom the powers and functions have been delegated is not required to bring matters to the attention of the Commission under paragraph 7 (3) and may do anything that the Commission may do under paragraph 7 (4); (d) the person to whom the powers and functions have been delegated is not required to ensure that failures to comply with Part IV of the Act are brought to the attention of the Commission under paragraph 11 but may, instead, take such action as the person considers appropriate.

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183 The Public Ofcer Ethics Act [Rev.

2009 [Subsidiary] L.N.

123/2003.

PUBLIC SERVICE COMMISSION DELEGATION OF POWERS AND FUNCTIONS UNDER PARTS IV AND V OF THE ACT Citation.

This delegation may be cited as the Public Service Commission Delegation of Powers and Functions under Parts IV and V of the Act.

Interpretation.

In this delegation- authorized ofcer means the Permanent Secretary who exercises supervision over the department concerned or over the department in which the public ofcer concerned holds a post, as the case may be, or- (a) in the case of a department which is not assigned to any Minister, the head of that department; (b) in the case of the Exchequer and Audit Department, the Controller and Auditor-General; (c) in the case of the Kenya Police Force, the Commissioner of Police; (d) in the case of the Kenya Prisons Service, the Commissioner of Prisons; or (e) in the case of the National Youth Service, the Director of the National Youth Service; Commission means the Public Service Commission; lower-level public ofcers means public ofcers in a job group below job group H or its equivalent.

DelegationParts IV 3.

(1) The Commission delegates the following powers and functions and V of the Act.

with respect to lower-level public ofcers:- (a) its powers and functions under Part IV of the Act, other than section 33 of the Act; (b) its powers and functions under Part V of the Act.

(2) The powers and functions described in paragraph (1) are delegated as follows:- (a) in respect of lower-level public ofcers, other than public ofcers described in subparagraph (b) or (c), to the authorized ofcer; (b) in respect of lower-level public ofcers of a state corporation, to the chief executive ofcer of the state corporation; www.kenyalaw.org The Public Ofcer Ethics Act CAP.

183 57 Rev.

2009] (c) in respect of lower-level public ofcers of a local authority, to the [Subsidiary] clerk of the local authority.

(3) The exercise of the powers and functions delegated under paragraph (1)(a) is subject to- (a) the procedures for the administration of Part IV of the Act established by the Commission under section 33 of the Act; and (b) such instructions as the Commission may, from time to time, issue.

(4) The exercise of the powers and functions delegated under paragraph (1)(b) is subject to such instructions as the Commission may, from time to time, issue.

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124/2003.

THE PUBLIC SERVICE COMMISSION CODE OF CONDUCT AND ETHICS ARRANGEMENT OF CODE Preamble.

1Citation.

part IprelImInary 2Interpretation.

3Application of Code.

part IIrequIrementS 4Compliance with General Code.

5Prohibition against standing for election.

6Political neutrality.

7Responsibility to organization and Minister.

8Public comments.

9Private affairs-outside activities.

10Private affairs-nancial dealings.

11Gifts.

12Harambees.

13Safeguarding of information.

14Appropriate person to whom improper orders to be reported.

15Breach of Code.

AppendixGeneral Code of Conduct and Ethics www.kenyalaw.org The Public Ofcer Ethics Act CAP.

183 59 Rev.

2009] THE PUBLIC SERVICE COMMISSION CODE OF CONDUCT [Subsidiary] OF ETHICS The ethos of the Public Service is to offer service to members of the public Preamble.

and support successive governments of the Republic of Kenya with loyalty, impartiality, honesty and integrity and to facilitate the objective of enhancing peace, socio-economic growth and prosperity.

In accomplishing the mission of government, public ofcers will be guided by a shared vision that the public service will be an efciently and effectively performing institution, committed to serving citizens with courtesy, integrity, giving value for the tax payers money; not demanding of the citizens but anxious to be of service to them.

The Code is intended to establish standards of ethical conduct and behaviour for public ofcers.

This Code contains rules of conduct and ethics to be observed by public ofcers so as to maintain the integrity and impartiality of the public service.

The Code does not in any way replace the regulations governing the discipline and general conduct of public ofcers.

Public ofcers must obey those regulations and all other applicable laws.

Public ofcers should adhere to this Code so as not to bring the public service into disrepute.

part IprelImInary 1.

This Code may be cited as the Public Service Commission Code of Citation.

Conduct and Ethics.

Interpretation.

In this Code, unless the context otherwise requires- authorized ofcer means, in relation to a public ofcer, the authorized ofcer determined in accordance with the following- (a) if the public ofcer is a public ofcer of a department, the authorized L.N.

144/2003.

ofcer is the Permanent Secretary who exercises supervision over the department or- (i) in the case of a department which is not assigned to any Minister, the head of that department; (ii) in the case of the Exchequer and Audit Department, the Control- ler and Auditor-General; (iii) in the case of the Kenya Police Force, the Commissioner of Police; (iv) in the case of the Kenya Prisons Service, the Commissioner www.kenyalaw.org 60 CAP.

183 The Public Ofcer Ethics Act [Rev.

2009 [Subsidiary] of Prisons; or (v) in the case of the National Youth Service, the Director of the National Youth Service; (b) if the public ofcer is a public ofcer of a state corporation, the authorized ofcer is the chief executive ofcer of the state corporation; (c) if the public ofcer is a public ofcer of a local authority, the authorized ofcer is the clerk of the local authority; (d) if the appropriate authority under this denition would be the public ofcer concerned, the authorized ofcer is the head of the public service; rule 3.public ofcer means a public ofcer to whom this Code applies under Application of Code.

This Code applies with respect to the public ofcers for whom the Public Service Commission is the responsible Commission under the Act.

part IIrequIrementS Compliance with 4.

(1) A public ofcer shall comply with all the requirements of the General Code.

General Code of Conduct and Ethics set out in Part III of the Act.

(2) The General Code of Conduct and Ethics set out in Part III of the Act is set out in the Appendix to this Code and shall form part of this Code.

Prohibition against 5.

A public ofcer shall not stand for election as a member of the National standing for election.

Assembly or a local authority or hold a political ofce.

Political neutrality.

Regardless of his political opinions, a public ofcer shall serve impartially, with loyalty, honesty and objectivity.

Responsibility to 7.

(1) A public ofcer shall ensure that he carries out his duties in a way organization and that is consistent with his being part of his organization.

Minister.

(2) A public ofcer who is a member of the public service shall observe the principle that the responsibility for a ministry lies with a Minister and shall ensure that he is not personally identied with his ministry or its policies to a degree that is inconsistent with that principle.

Public comments.

A public ofcer who is a member of the public service or who is in the service of a local authority- (a) shall not make public comments that support or criticize a political party; (b) shall not make public comments that may compromise, or may www.kenyalaw.org The Public Ofcer Ethics Act CAP.

183 61 Rev.

2009] reasonably be seen to compromise, the political neutrality of his [Subsidiary] ofce; (c) shall not publicly comment, except in furtherance of his ofcial duties, on matters in relation to which he has been professionally involved; (d) shall not, expressly or by implication, represent that any public comments he makes reect the views or opinions of his organization if that is not the case.

Private affairs- 9.

(1) While a public ofcer should not be isolated from the society of outside activities.

which he is a part, he shall ensure that his non-ofcial activities do not interfere with his ofcial duties or affect the dignity of his ofce and that the risk of conict with his ofcial duties is minimized.

(2) A public ofcer shall not engage in private business during ofcial working hours.

Private affairs- 10.

A public ofcer shall live within his means and avoid incurring any outside activities.

nancial liability that he cannot satisfy.

Gifts.

11.

(1) If a public ofcer is given a gift described in paragraph (2), then, even if the gift is not deemed, under section 11 (3) of the General Code of Conduct and Ethics set out in the Appendix to this Code, to be a gift to the public ofcers organization- (a) the public ofcer shall report the matter to the authorized ofcer for the public ofcer who shall direct the appropriate mode of disposal of the gift; and (b) the public ofcer shall comply with such direction.

(2) The gifts referred to in paragraph (1) are- (a) a gift from a person described in subparagraph (i), (ii) or (iii) of section 11 (2)(a) of the General Code of Conduct and Ethics set out in the Appendix to this Code; or (b) a gift given to the public ofcer on a public or ceremonial occasion.

(3) A gift that a public ofcer is otherwise allowed to accept from a relative or friend because it is given on a special occasion recognized by custom shall not be accepted by the public ofcer in a public ofce.

Harambees.

12.

(1) A public ofcer shall not preside over a harambee, play a central role in its organization or play the role of guest of honour.

(2) A public ofcer shall not participate in a harambee in such a way as to reect adversely on his integrity or impartiality or to interfere with the www.kenyalaw.org 62 CAP.

183 The Public Ofcer Ethics Act [Rev.

2009 [Subsidiary] performance of his ofcial duties.

Safeguarding of 13.

A public ofcer shall ensure that condential or secret information information.

or documents entrusted to his care are adequately protected from improper or inadvertent disclosure.

Appropriate person 14.

For the purposes of section 25 of the General Code of Conduct and to whom improper Ethics set out in the Appendix to this Code, the appropriate authority to whom orders to be reported.

a public ofcer shall report a matter under that section is the authorized ofcer for the public ofcer.

Breach of Code.

15.

Where a public ofcer has committed a breach of this Code, appropriate action will be taken in accordance with the Act and other applicable laws.

APPENDIX (Rule 4 (2)) part IIIGeneral Code of ConduCt and ethICS Part sets out general 7.

This Part sets out a general Code of Conduct and Ethics for public Code.

ofcers.

Performance of 8.

A public ofcer shall, to the best of his ability, carry out his duties duties, general.

and ensure that the services that he provides are provided efciently and honestly.

Professionalism.

A public ofcer shall- (a) carry out his duties in a way that maintains public condence in the integrity of his ofce; (b) treat the public and his fellow public ofcers with courtesy and respect; (c) to the extent appropriate to his ofce, seek to improve the standards of performance and level of professionalism in his organization; (d) if a member of a professional body, observe the ethical and professional requirements of that body; (e) observe ofcial working hours and not be absent without proper authorization or reasonable cause; (f) maintain an appropriate standard of dress and personal hygiene; and (g) discharge any professional responsibilities in a professional manner.

Rule of law.

10.

(1) A public ofcer shall carry out his duties in accordance with www.kenyalaw.org The Public Ofcer Ethics Act CAP.

183 63 Rev.

2009] the law.

[Subsidiary] (2) In carrying out his duties, a public ofcer shall not violate the rights and freedoms of any person under Part V of the Constitution.

11.

(1) A public ofcer shall not use his ofce to improperly enrich No improper himself or others.

enrichment.

(2) Without limiting the generality of subsection (1), a public ofcer shall not- (a) except as allowed under subsection (3) or (4), accept or request gifts or favours from a person who- (i) has an interest that may be affected by the carrying out, or not carrying out, of the public ofcers duties; (ii) carries on regulated activities with respect to which the public ofcers organisation has a role; or (iii) has a contractual or similar relationship with the public of- cers organisation; (b) improperly use his ofce to acquire land or other property for himself or another person, whether or not the land or property is paid for; or (c) for the personal benet of himself or another, use or allow the use of information that is acquired in connection with the public ofcers duties and that is not public.

(4) Subsection (2)(a) does not prevent a public ofcer from accepting a gift from a relative or friend given on a special occasion recognized by custom.

(5) Subsection (2)(c) does not apply to the use of information for educational or literary purposes, research purposes or other similar purposes.

12.

(1) A public ofcer shall use his best efforts to avoid being in a Conict of interest.

position in which his personal interests conict with his ofcial duties.

www.kenyalaw.org 64 CAP.

183 The Public Ofcer Ethics Act [Rev.

2009 [Subsidiary] (3) A public ofcer whose personal interests conict with his ofcial duties shall- (a) declare the personal interests to his superior or other appropriate body and comply with any directions to avoid the conict; and (b) refrain from participating in any deliberations with respect to the matter.

(5) The regulations may govern when the personal interests of a public ofcer conict with his ofcial duties for the purposes of this section.

(6) In this section, personal interest includes the interest of a spouse, relative or business associate.

Collections and 13.

(1) A public ofcer shall not- harambees.

(2) In this section, collection, collector and promoter have the Cap.

106.

same meanings as in section 2 of the Public Collection.s Act.

Acting for foreigners.

14.

(1) No public ofcer shall, in a manner that may be detrimental to the security interests of Kenya, be an agent for, or further the interests of, a foreign government, organisation or individual.

183 65 Rev.

2009] or individuals.

[Subsidiary] 15.

(1) A public ofcer shall take all reasonable steps to ensure that Care of property.

property that is entrusted to his care is adequately protected and not misused or misappropriated.

(2) A person who contravenes subsection (1) shall be personally liable for losses resulting from the contravention.

16.

(1) A public ofcer shall not, in or in connection with the performance Political neutrality.

of his duties as such- (a) act as an agent for, or so as to further the interest of, a political party; or (b) indicate support for or opposition to any political party or candidate in an election.

(2) A public ofcer shall not engage in political activity that may compromise or be seen to compromise the political neutrality of his ofce.

(3) This section does not apply to a member of the National Assembly or a councillor of a local authority.

17.

A public ofcer shall not practice nepotism or favouritism.

Nepotism, etc.

18.

A public ofcer who has a duty to give advice shall give honest and Giving of advice.

impartial advice without fear or favour.

19.

A public ofcer shall not knowingly give false or misleading Misleading the information to members of the public or to any other public ofcer.

public, etc.

20.

(1) A public ofcer shall conduct his private affairs in a way that Conduct of private maintains public condence in the integrity of his ofce.

affairs.

(2) A public ofcer shall not evade taxes.

(3) A public ofcer shall not neglect his nancial obligations or neglect to settle them.

21.

(1) A public ofcer shall not sexually harass a member of the public Sexual harassment.

or a fellow public ofcer.

(2) In subsection (1), sexually harass includes doing any of the following, if the person doing it knows or ought to know that it is unwelcome (a) making a request or exerting pressure for sexual activity or favours; (b) making intentional or careless physical contact that is sexual in nature; and www.kenyalaw.org 66 CAP.

183 The Public Ofcer Ethics Act [Rev.

2009 [Subsidiary] (c) making gestures, noises, jokes or comments, including innuendos, regarding another persons sexuality.

Selection, etc.

of 22.

A public ofcer shall practice and promote the principle that public ofcers should be- public ofcers.

(a) selected on the basis of integrity, competence and suitability; or (b) elected in fair elections.

Submitting of declarations, etc.

23.

A public ofcer shall submit any declaration or clarication required under Part IV to be submitted or made by him.

Acting through 24.

(1) A public ofcer contravenes the Code of Conduct and Ethics others.

if- (a) he causes anything to be done through another person that would, if the public ofcer did it, be a contravention of the Code of Conduct and Ethics; or (b) he allows or directs a person under his supervision or control to do anything that is a contravention of the Code of Conduct and Ethics.

(2) Subsection (1)(b) does not apply with respect to anything done without the public ofcers knowledge or consent if the public ofcer took reasonable steps to prevent it.

Reporting improper orders.

25.

If a public ofcer considers that anything required of him is a contravention of the Code of Conduct and Ethics or is otherwise improper or unethical, he shall report the matter to an appropriate authority.

www.kenyalaw.org The Public Ofcer Ethics Act CAP.

183 67 Rev.

2009] [Subsidiary] THE DEFENCE COUNCIL PROCEDURES FOR THE L.N.

125/2003.

ADMINISTRATION OF PART IV OF THE ACT 1.

These procedures may be cited as the Defence Council Procedures for Citation.

the Administration of Part IV of the Act.

In these procedures, unless the context otherwise requires- Interpretation.

administration ofcer means the Assistant Chief of General Staff in charge of personnel; Commission means the Defence Council.

These procedures are for the administration of Part IV of the Act with Scope of procedures.

respect to the members of the armed forces.

Administration 4.

The administration ofcer shall be responsible for the administration of Part IV of the Act of the Commission.

ofcer.

Declarations to be submitted to the Commission under Part IV of the To whom Act shall be submitted to the administration ofcer.

declarations submitted.

Requests for clarications under section 28 of the Act shall be made, Who may make requests for on behalf of the Commission, by the administration ofcer or by staff of the Commission authorized in writing by him for that purpose.

clarications.

Review of 7.

(1) The administration ofcer, or staff of the Commission authorized declarations, etc.

by him for the purpose, shall review each declaration to ascertain if, in the opinion of the administration ofcer of staff, any of the following conditions are satised- (a) on the face of the declaration, or in light of any other information the Commission may have, there is reason to suspect the declaration may be false or incomplete; (b) the assets of the person who submitted the declaration are disproportionate to his income; or (c) the income, assets or liabilities of the person who submitted the declaration raise concerns of impropriety or conict of interest.

(2) If it is ascertained that any of the conditions in subparagraph (1) are satised, the person who submitted the declaration shall be given an opportunity to give an explanation.

183 The Public Ofcer Ethics Act [Rev.

2009 [Subsidiary] shall bring the matter to the attention of the Commission.

(4) The Commission may, with respect to a matter brought to its attention under paragraph (3), take such action as it considers appropriate including, without limiting the generality of the foregoing, notifying the Kenya Anti- Corruption Commission and giving the Kenya Anti-Corruption Commission particulars of the condition that is satised and a copy of the declaration.

Authorization of staff 8.

(1) The Commission or the administration ofcer may authorize staff under s.

30 (4)(a).

of the Commission for the purposes of section 30(4)(a) of the Act.

(2) An authorization under paragraph (1) shall be in writing.

Condition for certain 9.

Except as provided under paragraph 7(4) information shall not be disclosures to police, disclosed, under section 30(4)(b) of the Act, to the police or any other law etc.

enforcement agency unless a written request is provided.

Condition for 10.

Information shall not be disclosed, under section 30(4)(d) of the disclosures to act, to a representative of the person who provided the information unless the representatives.

representative provides copies of documents that establish the representatives authority to receive the information.

Administration 11.

The administration ofcer shall ensure that failures by a member ofcer to report non- of the armed forces to comply with the requirements of Part IV of the Act are compliance.

brought to the attention of the Commission.

www.kenyalaw.org The Public Ofcer Ethics Act CAP.

183 69 Rev.

2009] [Subsidiary] THE ARMED FORCES CODE OF CONDUCT AND ETHICS L.N.

126/2003.

ARRANGEMENT OF CODE Preamble.

part IprelImInary 1Citation.

2Interpretation.

3Application of Code.

part IIrequIrementS 4Compliance with General Code.

5Faithfulness to oath of allegiance.

6General responsibilities of commanders.

7Obedience to orders.

8Support of superiors.

9Criticism or praise of superiors.

10Complaints about the members of the armed forces.

11Laudatory orders.

12Treatment of subordinates.

13Understanding of obligations and duties under Act, regulations and standing orders 14Drinking of alcoholic beverages.

15Misuse of drugs.

16Lending and borrowing money.

17Gambling.

18Possession of rearms.

19Prohibition against standing for election.

20Political neutrality.

21Canvassing for favours in armed forces.

22Public comments.

23Safeguarding of information.

24Private affairs-outside activities.

25Endorsing of private activities, etc.

26Private affairs-nancial dealings.

27Potential conicts of interest.

28Gifts.

29Harambees.

30Member of the armed forces as expert witness.

31Absence from Kenya.

32Reporting of charges against a member of the armed forces.

33Breach of Code.

AppendixGeneral Code of Conduct and Ethics.

www.kenyalaw.org 70 CAP.

183 The Public Ofcer Ethics Act [Rev.

2009 [Subsidiary] THE ARMED FORCES CODE OF CONDUCT AND ETHICS Preamble The armed forces are a professional national defence institution.

The armed forces serve the President and the Republic of Kenya in accordance with the Constitution and the laws of Kenya.

They are charged with the defence of the Republic and the support of the civil power in the maintenance of order.

The valued traditions of the armed forces include honour and discipline as well as a strong sense of loyalty.

Service in the armed forces places special demands on its members including unquestioning obedience to lawful orders and even the sacrice of their lives.

This Code is intended to establish standards of ethical conduct and behaviour for members of the armed forces.

This Code contains rules of conduct and ethics to be observed by members of the armed forces so as to maintain public condence in the integrity of the armed forces.

The Code does not in any way replace the laws and orders governing the discipline and general conduct of members of the armed forces.

Members of the armed forces must obey those laws and orders and all other applicable laws.

part IprelImInary Citation.

This Code may be cited as the Armed Forces Code of Conduct and Ethics.

Interpretation.

In this Code, unless the context otherwise requires- commanding ofcer means a commanding ofcer within the meaning of the Armed Forces Act.

Application of Code.

This Code applies with respect to the members of the armed forces.

part IIrequIrementS Compliance with 4.

(1) A member of the armed forces shall comply with all the General Code.

requirements imposed on a public ofcer under the General Code of Conduct and Ethics set out in Part III of the Act.

(2) The General Code of Conduct and Ethics set out in Part III of the Act is set out in the Appendix to this Code and shall form part of this Code.

Faithfulness to oath 5.

A member of the armed forces shall be true and faithful to the oath of of allegiance.

allegiance taken by the member as required under the Armed Forces Act.

General responsibilities of 6.

Commanding ofcers shall be responsible for the training, security, commanders.

discipline, health, welfare, morale and general efciency of the members of the armed forces under their command.

Obedience to orders.

A member of the armed forces shall obey all lawful orders and directions from a superior ofcer.

www.kenyalaw.org The Public Ofcer Ethics Act CAP.

183 71 Rev.

2009] [Subsidiary] 8.

A member of the armed forces shall support his superior ofcers in Support of superiors.

the maintenance of order and discipline.

A member of the armed forces shall not criticize or praise a superior Criticism or praise of ofcer in a way that may bring the superior ofcer into contempt or cause superiors.

disaffection.

10.

(1) A member of the armed forces shall not make a complaint about Complaints about another member of the armed forces in relation to armed forces matters except in other members of the accordance with the procedures under the Armed Forces Act and the applicable armed forces.

orders and directions.

(2) A member of the armed forces shall not make a complaint described in paragraph (1) in combination with another member of the armed forces.

(3) A member of the armed forces shall not make a complaint described in paragraph (1) anonymously.

order.

11.

A member of the armed forces shall not publish or post a laudatory Laudatory orders.

12.

A member of the armed forces who is an ofcer, warrant ofcer or Treatment of non-commissioned ofcer shall adopt such methods of command and treatment subordinates.

of subordinates as will ensure respect for authority and foster self respect and personal honour among subordinates.

13.

A member of the armed forces shall ensure that he understands his Understanding of obligations and duties under the Armed Forces Act, the regulations under that obligations and Act and all standing orders or directions, including any changes made from duties under Act, time to time.

regulations and standing orders.

14.

(1) A member of the armed forces shall not drink alcoholic beverages Drinking of alcoholic to an extent that may interfere with his ability to carry out his duties.

beverages.

(2) A member of the armed forces shall not drink an alcoholic beverage on armed forces premises except as allowed under the applicable orders and directions.

15.

A member of the armed forces shall not misuse drugs.

Misuse of drugs.

16.

A member of the armed forces shall not lend money to, or borrow Lending and money from, another member of the armed forces.

borrowing money.

17.

A member of the armed forces shall not engage in any form of Gambling.

gambling or bookmaking.

18.

(1) A member of the armed forces shall possess service rearms and Possession of ammunition only in accordance with his ofcial duties and only in accordance with the applicable orders and directions.

rearms.

www.kenyalaw.org 72 CAP.

183 The Public Ofcer Ethics Act [Rev.

2009 [Subsidiary] (2) A member of the armed forces shall possess private rearms and ammunition only in accordance with the applicable laws governing private rearms and ammunition.

Prohibition against 19.

A member of the armed forces shall not stand for election as a member standing for election.

of the National Assembly or a local authority or hold a political ofce.

Political neutrality.

20.

Regardless of his political opinions, a member of the armed forces shall serve impartially, with loyalty, honesty and objectivity.

Canvassing for 21.

A member of the armed forces shall not canvass or lobby, either favours in armed directly or indirectly, for any favours in the armed forces.

forces.

22.

(1) A member of the armed forces- (a) shall not make public comments that support or criticize a political party; (b) shall not make public comments that may comprise, or may reasonably be seen to compromise, the political neutrality of his ofce; (c) shall not make public comments giving his personal views or opinions about the armed forces or any matter relating to the armed forces, except as authorized by an order or direction.

(d) shall not, expressly or by implication, represent that any public comments he makes reect the views or opinions of the armed forces if that is not the case.

(3) For greater certainty, in this rule, public comments includes comments made to members of the press or other media.

Safeguarding of 23.

(1) A member of the armed forces shall not disclose any information information.

relating to armed forces matters to a person who is not a member of the armed forces, except in furtherance of his ofcial duties or as otherwise authorized, and shall do so only in accordance with any applicable orders or directions.

(2) A member of the armed forces shall ensure that restricted information or documents entrusted to his care are adequately protected from improper or inadvertent disclosure and shall follow the applicable orders and directions for safeguarding such information and documents.

Private affairs 24.

(1) While a member of the armed forces should not be isolated from outside activities.

the society of which he is a part, he shall ensure that his non-ofcial activities do not interfere with his ofcial duties or affect the dignity of his ofce and that the risk of conict with his ofcial duties is minimized.

(2) A member of the armed forces shall not engage in private business while on duty.

(3) A member of the armed forces may engage in private business www.kenyalaw.org The Public Ofcer Ethics Act CAP.

183 73 Rev.

2009] or private employment only as allowed under the applicable orders and [Subsidiary] directions.

25.

(1) A member of the armed forces shall not use his position or title Endorsing of private or any authority associated with his ofce in a manner that could reasonably activities, etc.

be construed to imply that the armed forces or the Government sanctions or endorses any activities, either by him or by any other person, that are not activities of the armed forces.

(2) A member of the armed forces shall not promote or endorse any product, service or commercial enterprise while participating in a sporting or other event if either- (a) the event is organized, either wholly or partly, by the armed forces; or (b) the member of the armed forces is participating as a member of the armed forces.

(3) A member of the armed forces shall not provide a testimonial to a person or organization in respect of goods or services supplied by that person or organization.

(4) Paragraph (3) does not prevent a member of the armed forces from communicating directly with a person, at that persons request, about goods or services supplied by another person.

26.

(1) A member of the armed forces shall live within his means and Private affairs avoid incurring any nancial liability that he cannot satisfy.

nancial dealings.

(2) A member of the armed forces who becomes bankrupt, becomes a judgment debtor or against whom proceedings are taken in bankruptcy shall forthwith report the matter to his commanding ofcer.

27.

If, because of the duties of a member of the armed forces, there is a likelihood that the member will be assigned a matter that would result in his Potential conicts of interest.

having a conict of interest, the member shall inform his commanding ofcer of that likelihood.

28.

(1) If a member of the armed forces is given a gift described in Gifts.

paragraph (2), then, even if the gift is not deemed, under section 11(3) of the General Code of Conduct and Ethics set out in the Appendix to this Code, to be a gift to the armed forces- (a) the member of the armed forces shall report the matter to the Chief of General Staff who shall direct the appropriate mode of disposal of the gift; and (b) the member of the armed forces shall comply with such direction.

(2) The gifts referred to in paragraph (1) are- www.kenyalaw.org 74 CAP.

183 The Public Ofcer Ethics Act [Rev.

2009 [Subsidiary] (a) a gift from a person described in subparagraph (i), (ii) or (iii) of section 11(2)(a) of the General Code of Conduct and Ethics set out in the Appendix to this Code; or (b) a gift given to the member of the armed forces on a public or ceremonial occasion.

(3) A gift that a member of the armed forces is otherwise allowed to accept from a relative or friend because it is given on a special occasion recognized by custom shall not be accepted by the member of the armed forces in a public ofce.

(4) A member of the armed forces shall not- (a) give a gift to a superior ofcer; (b) make a contribution, or solicit contributions, for a gift to a superior ofcer; or (c) solicit contributions from a member of the armed forces for a gift to a superior ofcer of that member.

(5) This rule does not apply with respect to a gift that is given to a member of the armed forces by other members of the armed forces if- (a) the gift is paid for out of a fund that is administered by members of the armed forces; and (b) the fund does not include any contributions from members of the armed forces.

Harambees.

29.

(1) A member of the armed forces shall not preside over a harambee, play a central role in its organization or play the role of guest of honour.

(2) A member of the armed forces shall not participate in a harambee in such a way as to reect adversely on the honour and dignity of the armed forces or to interfere with the performance of his ofcial duties.

Member of the armed 30.

(1) Unless authorized in writing by the Chief of General Staff, a forces as expert member of the armed forces shall not agree to be an expert witness, other than witness.

on behalf of the armed forces or the Government, in a proceeding in which the armed forces or the Government is a party or has a substantial interest.

(2) Nothing in paragraph (1) prevents a member of the armed forces who has been summoned by the court or other appropriate authority from appearing as an expert witness but the member shall, before appearing, notify his commanding ofcer that he has been so summoned.

Absence from Kenya.

31.

A member of the armed forces shall not leave Kenya without the permission of the Chief of General Staff.

www.kenyalaw.org The Public Ofcer Ethics Act CAP.

183 75 Rev.

2009] 32.

(1) A member of the armed forces who is charged with an offence [Subsidiary] described in paragraph (2) shall forthwith report the matter to his commanding Reporting of charges against a member of ofcer.

the armed forces.

(2) An offence referred to in paragraph (1) is an offence that may be punished by imprisonment, other than in default of payment of a ne.

33.

Where a member of the armed forces has committed a breach of this Breach of Code.

Code, appropriate action will be taken in accordance with the Act and other applicable laws.

APPENDIX (Rule 4 (2)) PART IIIGENERAL CODE OF CONDUCT AND ETHICS 7.

This Part sets out a general Code of Conduct and Ethics for public Part sets out general ofcers.

Code.

A public ofcer shall, to the best of his ability, carry out his duties Performance of and ensure that the services that he provides are provided efciently and duties, general.

honestly.

A public ofcer shall- Professionalism.

(a) carry out his duties in a way that maintains public condence in the integrity of his ofce; (b) treat the public and his fellow public ofcers with courtesy and respect; (c) to the extent appropriate to his ofce, seek to improve the standards of performance and level of professionalism in his organisation; (d) if a member of a professional body, observe the ethical and professional requirements of that body; (e) observe ofcial working hours and not be absent without proper authorization or reasonable cause; (f) maintain an appropriate standard of dress and personal hygiene; and (g) discharge any professional responsibilities in a professional manner.

10.

(1) A public ofcer shall carry out his duties in accordance with Rule of law.

the law.

(2) In carrying out his duties, a public ofcer shall not violate the rights and freedoms of any person under Part V of the Constitution.

www.kenyalaw.org 76 CAP.

183 The Public Ofcer Ethics Act [Rev.

2009 [Subsidiary] No improper 11.

(1) A public ofcer shall not use his ofce to improperly enrich enrichment.

himself or others.

(2) Without limiting the generality of subsection (1), a public ofcer shall not- (a) except as allowed under subsection (3) or (4), accept or request gifts or favours from a person who- (i) has an interest that may be affected by the carrying out, or not carrying out, of the public ofcers duties; (ii) carries on regulated activities with respect to which the public ofcers organisation has a role; or (iii) has a contractual or similar relationship with the public of- cers organisation; (b) improperly use his ofce to acquire land or other property for himself or another person, whether or not the land or property is paid for; or (c) for the personal benet of himself or another, use or allow the use of information that is acquired in connection with the public ofcers duties and that is not public.

(4) Subsection (2)(a) does not prevent a public ofcer from accepting a gift from a relative or friend given on a special occasion recognized by custom.

(5) Subsection (2)(c) does not apply to the use of information for education or literary purposes, research purposes or other similar purposes.

12.

(1) A public ofcer shall use his best efforts to avoid being in a Conict of interest.

position in which his personal interests conict with his ofcial duties.

183 77 Rev.

2009] (b) refrain from participating in any deliberations with respect to the [Subsidiary] matter.

(5) The regulations may govern when the personal interests of a public ofcer conict with his ofcial duties for the purposes of this section.

(6) In this section, personal interest includes the interest of a spouse, relative or business associate.

Collection and 13.

(1) A public ofcer shall not- harambees.

(2) In this section, collection, collector and promoter have the Cap.

106 same meanings as in section 2 of the Public Collections Act.

Acting for foreigners.

14.

(1) No public ofcer shall, in a manner that may be detrimental to the security interests of Kenya, be an agent for, or further the interests of, a foreign government, organisation or individual.

Care of property.

15.

(1) A public ofcer shall take all reasonable steps to ensure that property that is entrusted to his care is adequately protected and not misused or misappropriated.

(2) A person who contravenes subsection (1) shall be personally liable www.kenyalaw.org 78 CAP.

183 The Public Ofcer Ethics Act [Rev.

2009 [Subsidiary] for losses resulting from the contravention.

Political neutrality.

16.

(2) A public ofcer shall not engage in political activity that may compromise or be seen to compromise the political neutrality of his ofce.

(3) This section does not apply to a member of the National Assembly or a councilor of a local authority.

Nepotism, etc.

17.

A public ofcer shall not practice nepotism or favouritism.

Giving of advice.

18.

A public ofcer who has a duty to give advice shall give honest and impartial advice without fear or favour.

Misleading the 19.

A public ofcer shall not knowingly give false or misleading public, etc.

information to members of the public or to any other public ofcer.

Conduct of private 20.

(1) A public ofcer shall conduct his private affairs in a way that affairs.

maintains public condence in the integrity of his ofce.

(2) A public ofcer shall not evade taxes.

(3) A public ofcer shall not neglect his nancial obligations or neglect to settle them.

Sexual harassment.

21.

(1) A public ofcer shall not sexually harass a member of the public or a fellow public ofcer.

(2) In subsection (1), sexually harass includes doing any of the following, if the person doing it knows or ought to know that it is unwelcome - (a) making a request or exerting pressure for sexual activity or favours; (b) making intentional or careless physical contact that is sexual in nature; and (c) making gestures, noises, jokes or comments, including innuendos, regarding another persons sexuality.

Selection, etc.

of 22.

A public ofcer shall practice and promote the principle that public public ofcers.

ofcers should be- www.kenyalaw.org The Public Ofcer Ethics Act CAP.

183 79 Rev.

2009] (a) selected on the basis of integrity, competence and suitability; or [Subsidiary] (b) elected in fair elections.

23.

A public ofcer shall submit any declaration or clarication required Submitting of under Part IV to be submitted or made by him.

declarations, etc.

24.

(1) A public ofcer contravenes the Code of Conduct and Ethics if- Acting through (a) he causes anything to be done through another person that would, if others.

(2) Subsection (1)(b) does not apply with respect to anything done without the public ofcers knowledge or consent if the public ofcer took reasonable steps to prevent it.

Reporting improper 25.

If a public ofcer considers that anything required of him is a orders.

contravention of the Code of Conduct and Ethics or is otherwise improper or unethical, he shall report the matter to an appropriate authority.

www.kenyalaw.org 80 CAP.

183 The Public Ofcer Ethics Act [Rev.

2009 [Subsidiary] L.N.

127/2003.

THE ELECTORAL COMMISSION PROCEDURES FOR THE ADMINISTRATION OF PART IV OF THE ACT Citation.

These procedures may cited as the Electoral Commission Procedures for the Administration of Part IV of the Act.

Interpretation.

In these procedures, unless the context otherwise requires- administration ofcer means the Secretary of the Commission; Commission means the Electoral Commission.

Scope of procedures.

These procedures are for the administration of Part IV of the Act with respect to the public ofcers for whom the Commission is the responsible Commission under the Act.

Administration 4.

The administration ofcer shall be responsible for the administration of Part IV of the Act by the Commission.

ofcer.

To whom 5.

Declarations to be submitted to the Commission under Part IV of the declarations Act shall be submitted to the administration ofcer.

submitted.

Who may make 6.

clarications.

Review of 7.

(1) The Administration ofcer, or staff of the Commission authorized declarations, etc by him for the purpose shall review each declaration to ascertain if, in the opinion of the administration ofcer or staff, any of the following conditions are satised- (a) on the face of declaration, or in light of any other information the Commission may have, there is reason to suspect the declaration may be false or incomplete; (b) the assets of the person who submitted the declaration are disproportionate to his income; or (c) the income, assets or liabilities of the person who submitted the declaration raise concerns of impropriety or conict of interest.

(2) If it is ascertained that any of the conditions in subparagraph (1) are satised, the person who submitted the declaration shall be given an opportunity to give an explanation.

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183 81 Rev.

Authorization of staff 8.

(1) The Commission or the administration ofcer may authorize staff under s.

30(4)(a).

of the Commission for the purposes of section 30(4)(a) of the Act.

(2) An authorization under paragraph (1) shall be in writing.

Except as provided under paragraph 7(4) information shall not be Condition for certain disclosed, under section 30(4)(b) of the Act, to the police or any other law disclosures to police, enforcement agency unless a written request is provided.

etc.

10.

Information shall not be disclosed, under section 30(4)(d) of the Condition for Act, to a representative of the person who provided the information unless the disclosures to representatives.

representative provides copies of documents that establish the representatives authority to receive the information.

Administration 11.

The administration ofcer shall ensure that failures by public ofcers to comply with the requirements of Part IV of the Act are brought to the attention ofcer to report non- of the Commission.

compliance.

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183 The Public Ofcer Ethics Act [Rev.

2009 [Subsidiary] L.N.

128/2003.

THE ELECTORAL COMMISSION CODE OF CONDUCT AND ETHICS FOR LOCAL AUTHORITY COUNCILLORS ARRANGEMENT OF CODE Preamble.

part IprelImInary 1Citation.

2Interpretation.

3Application of Code.

part IIrequIrementS 4Compliance with General Code.

5General conduct.

6Faithfulness to declaration.

7Attendance at meetings.

8Interference with management of administration.

9Private affairs nancial dealings.

10Gifts.

11Harambees.

12Condential or secret information.

13Appropriate person to whom improper orders to be reported.

14Breach of Code.

AppendixGeneral Code of Conduct and Ethics.

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183 83 Rev.

2009] [Subsidiary] THE ELECTORAL COMMISSION CODE OF CONDUCT AND ETHICS FOR LOCAL AUTHORITY COUNCILLORS The local government system requires that councillors represent the Preamble.

interests of local communities and that they be accountable to the people they serve.

This Code contains rules of conduct and ethics to be observed by councillors.

The Code does not in any way replace the laws governing the discipline and general conduct of councillors.

Councillors must obey those laws and all other applicable laws.

Councillors should adhere to this Code so as not to bring themselves and other councilors into disrepute.

part IprelImInary 1.

This Code may be cited as the Electoral Commission Code of Conduct Citation.

and Ethics for Local Authority Councillors.

In this Code, unless the context otherwise requires- Interpretation.

rule 3.public ofcer means a public ofcer to whom this Code applies under 3.

This Code applies with respect to councilors of local authorities.

Application of Code.

part IIrequIrementS 4.

(1) A public ofcer shall comply with all the requirements of the Compliance with General Code of Conduct and Ethics set out in Part III of the Act.

General Code.

(2) The General Code of Conduct and Ethics set out in Part III of the Act is set out in the Appendix to this Code and shall form part of this Code.

A public ofcer shall carry out the duties of his ofce in good faith, General conduct.

honestly and in a transparent manner.

A public ofcer shall be true and faithful to the declaration made by Faithfulness to the public ofcer as required under the Local Government Act.

declaration.

A public ofcer shall attend all meetings of his local authority and Attendance at all meetings of committees of which he is a member and shall be absent only meetings.

if he has obtained the leave of the local authority or is otherwise justied in being absent.

(1) In addition to refraining from giving any instructions to an ofcer Interference with or employee of a local authority which the public ofcer is prohibited from management or doing under section 86A of the Local Government Act, a public ofcer shall administration.

not otherwise interfere with, or attempt to interfere with the management or www.kenyalaw.org 84 CAP.

183 The Public Ofcer Ethics Act [Rev.

2009 [Subsidiary] administration of the local authority.

(2) A public ofcer shall not obstruct, or attempt to obstruct, the implementation by an ofcer or employee of the local authority, of a decision by the council of the local authority or a committee.

(3) A public ofcer shall not do anything, or encourage anything, that would cause or contribute to maladministration of a local authority.

Private affairs 9.

A public ofcer shall live within his means and avoid incurring any nancial dealings.

nancial liability that he cannot satisfy.

Gifts.

10.

(1) If a public ofcer is given a gift described in paragraph (2), then, even if the gift is not deemed, under section 11(3) of the General Code of Conduct and Ethics set out in the Appendix to this Code, to be a gift to the public ofcers organization- (a) the public ofcer shall report the matter to the clerk of the local authority who shall direct the appropriate mode of disposal of the gift; and (b) the public ofcer shall comply with such direction.

Harambees.

11.

(1) A public ofcer shall not preside over a harambee, play a central role in its organization or play the role of guest of honour.

(2) A public ofcer shall not participate in a harambee in such a way as to reect adversely on his integrity or impartiality or to interfere with the performance of his ofcial duties.

Condential or secret information.

12.

A public ofcer shall not disclose condential or secret information or documents and shall ensure that any such information or documents that he acquires as a result of his duties are adequately protected from improper or inadvertent disclosure.

Appropriate person 13.

For the purposes of section 25 of the General Code of Conduct and to whom improper Ethics set out in the Appendix to this Code, the appropriate authority to whom orders to be reported.

a public ofcer shall report a matter under that section is the Chairman of the www.kenyalaw.org The Public Ofcer Ethics Act CAP.

183 85 Rev.

2009] Electoral Commission.

[Subsidiary] Breach of Code.

14.

Where a public ofcer has committed a breach of this Code, appropriate action will be taken in accordance with the Act and other applicable laws.

APPENDIX (Rule 4 (2)) PART IIIGENERAL CODE OF CONDUCT AND ETHICS 7.

This Part sets out a general Code of Conduct and Ethics for public Parts sets out general Code.

ofcers.

Performance of 8.

A public ofcer shall, to the best of his ability, carry out his duties duties, general.

and ensure that the services that he provides are provided efciently and honestly.

Professionalism.

A public ofcer shall- (a) carry out his duties in a way that maintains public condence in the integrity of his ofce; (b) treat the public and fellow public ofcers with courtesy and respect; (c) to the extent appropriate to his ofce, seek to improve the standards of performance and level of professionalism in his organisation; (d) if a member of a professional body, observe the ethical and professional requirements of that body; (e) observe ofcial working hours and not be absent without proper authorization or reasonable cause; (f) maintain an appropriate standard of dress and personal hygiene; and (g) discharge any professional responsibilities in a professional manner.

Rule of law.

10.

(1) A public ofcer shall carry out his duties in accordance with the law.

(2) In carrying out his duties, a public ofcer shall not violate the rights and freedoms of any person under Part V of the Constitution.

No improper 11.

(1) A public ofcer shall not use his ofce to improperly enrich enrichment.

himself or others.

(2) Without limiting the generality of subsection (1), a public ofcer shall not- www.kenyalaw.org 86 CAP.

183 The Public Ofcer Ethics Act [Rev.

2009 [Subsidiary] (a) except as allowed under subsection (3) or (4), accept or request gifts or favours from a person who- (i) has an interest that may be affected by the carrying out, or not carrying out, of the public ofcers duties; (ii) carries on regulated activities with respect to which the public ofcers organisation has a role; or (iii) has a contractual or similar relationship with the public ofcers organisation; (b) improperly use his ofce to acquire land or other property for himself or another person, whether or not the land or property is paid for; or (c) for the personal benet of himself or another, use or allow the use of information that is acquired in connection with the public ofcers duties and that is not public.

(3) A public ofcer may accept is a gift given to him in his ofcial capacity but, unless the gift is a non-monetary gift that does not exceed the value prescribed by regulation, such a gift shall be deemed to be a gift to the public ofcers organization.

(4) Subsection (2)(a) does not prevent a public ofcer from accepting a gift from a relative or friend given on a special occasion recognized by custom.

(5) Subsection (2)(c) does not apply to the use of information for educational or literary purposes, research purposes or other similar purposes.

12.

(1) A public ofcer shall use his best efforts to avoid being in a Conict of interest.

position in which his personal interests conict with his ofcial duties.

(4) Notwithstanding any directions to the contrary under subsection www.kenyalaw.org The Public Ofcer Ethics Act CAP.

183 87 Rev.

2009] (3)(a), a public ofcer shall not award a contract, or inuence the award of a [Subsidiary] contract, to- (a) himself; (b) a spouse or relative; (c) a business associate; or (d) a corporation, partnership or other body in which the ofcer has an interest.

(5) The regulations may govern when the personal interests of a public ofcer conict with his ofcial duties for the purposes of this section.

(6) In this section, personal interest includes the interest of a spouse, relative or business associate.

Collections and 13.

(1) A public ofcer shall not- harambees.

(2) In this section, collection, collector and promoter have the Cap.

106.

same meanings as in section 2 of the Public Collections Act.

Acting for foreigners.

14.

(1) No public ofcer shall, in a manner that may be detrimental to the security interests of Kenya, be an agent for, or further the interests of, a foreign government, organization or individual.

Care of property.

15.

(1) A public ofcer shall take all reasonable steps to ensure that property that is entrusted to his care is adequately protected and not misused or misappropriated.

(2) A person who contravenes subsection (1) shall be personally liable for losses resulting from the contravention.

Political neutrality.

16.

(1) A public ofcer shall not, in or in connection with the performance www.kenyalaw.org 88 CAP.

183 The Public Ofcer Ethics Act [Rev.

2009 [Subsidiary] of his duties as such- (a) act as an agent for, or so as to further the interest of, a political party; or (b) indicate support for or opposition to any political party or candidate in an election.

(2) A public ofcer shall not engage in political activity that may compromise or be seen to compromise the political neutrality of his ofce.

(3) This section does not apply to a member of the National Assembly or a councillor of a local authority.

Nepotism, etc.

17.

A public ofcer shall not practice nepotism or favouritism.

Giving of advice.

18.

A public ofcer who has a duty to give advice shall give honest and impartial advice without fear or favour.

Misleading the 19.

A public ofcer shall not knowingly give false or misleading public, etc.

information to members of the public or to any other public ofcer.

Conduct of private 20.

(1) A public ofcer shall conduct his private affairs in a way that affairs.

maintains public condence in the integrity of his ofce.

(2) A public ofcer shall not evade taxes.

(3) A public ofcer shall not neglect his nancial obligations or neglect to settle them.

Sexual harassment.

21.

(1) A public ofcer shall not sexually harass a member of the public or a fellow public ofcer.

(2) In subsection (1), sexually harass includes doing any of the following, if the person doing it knows or ought to know that it is unwelcome - (a) making a request or exerting pressure for sexual activity or favours; (b) making intentional or careless physical contact that is sexual in nature; and (c) making gestures, noises, jokes or comments, including innuendos, regarding another persons sexuality.

Selection, etc.

of 22.

A public ofcer shall practice and promote the principle that public ofcers should be public ofcers.

(a) selected on the basis of integrity, competence and suitability; or (b) elected in fair elections.

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183 89 Rev.

2009] [Subsidiary] 23.

A public ofcer shall submit any declaration or clarication required Submitting of under Part IV to be submitted or made by him.

declarations, etc.

24.

(1) A public ofcer contravenes the Code of Conduct and Ethics if- Acting through (a) he causes anything to be done through another person that would, if others.

(2) Subsection (1)(b) does not apply with respect to anything done without the public ofcers knowledge or consent if the public ofcer took reasonable steps to prevent it.

25.

If a public ofcer considers that anything required of him is a Reporting improper contravention of the Code of Conduct and Ethics or is otherwise improper or orders.

unethical, he shall report the matter the matter to an appropriate authority.

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129/2003.

THE ELECTORAL COMMISSIONERS CODE OF CONDUCT AND ETHICS ARRANGEMENT OF CODE Preamble.

part IprelImInary 1Citation.

2Interpretation.

3Application of Code.

part IIrequIrementS 4Compliance with General Code.

5Other requirements relating to conduct.

AppendixGeneral Code of Conduct and Ethics.

www.kenyalaw.org The Public Ofcer Ethics Act CAP.

183 91 Rev.

2009] [Subsidiary] THE ELECTORAL COMMISSIONERS CODE OF CONDUCT AND ETHICS The Electoral Commission is an important institution in any country.

Preamble.

Its independence must be guaranteed and upheld at all times.

Failure to do so would be the end of democracy and a recipe for anarchy and chaos.

The Electoral Commission must not only be independent but must also be seen to be independent.

It cannot be seen to be independent and to be fullling its onerous mandate if its commissioners do not uphold high standards of performance; hence the need for it to have this Code of Conduct and Ethics for its members in accordance with Section 5 (1) of the Act.

The code is a supplement to the provisions of the Constitution of Kenya and the National (Cap.

7).

Assembly and Presidential Elections Act and the rules and regulations made pursuant to that Act.

part I-prelImInary Citation.

This Code may be cited as the Electoral Commissioners Code of Conduct and Ethics.

In this Code, unless the context otherwise requires- Interpretation.

Commissioner means a person holding ofce as a member of the Electoral Commission under section 41 of the Constitution of Kenya, and includes the Chairman; Chairman means the Chairman of the Electoral Commission of Kenya; family, in relation to a Commissioner, includes the Commissioners spouse, child, grandchild, parent, grandparent or other relative or person with whom the Commissioner maintains a close family relationship; the Act means Public Ofcers Ethics Act, 2003.

This Code applies with respect to the Commissioners.

Application of Code.

Where a Commissioner has committed a breach of this Code, Action for breach of appropriate action will be taken in accordance with the provisions of the Act, Code.

the National Assembly and Presidential Elections Act and the Constitution of Cap.

Kenya.

part IIrequIrementS 5.

(1) A Commissioner shall comply with all the requirements of the Compliance with General Code of Conduct and Ethics set out in Part III of the Act.

General Code.

(2) The General Code and Conduct and Ethics set out in Part III of the Act is set out in the Appendix to this Code and shall form part of this Code.

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183 The Public Ofcer Ethics Act [Rev.

2009 [Subsidiary] 6.

Every member of the Commission shall serve impartiality and Independence, independently and perform the functions of a member in good faith and without impartiality and integrity.

fair, favour or prejudice, and without inuence from- (a) the Government; (b) any public ofcer; (c) any political party; (d) any candidate participating in an election; or (e) any other person or authority.

Professionalism.

(1) A Commissioner shall participate in establishing, maintaining and enforcing high standards of professionalism in the performance of his duties.

(2) A Commissioner shall actively and personally promote a culture in his work that aims at providing fast, friendly, responsive and efcient service and shall be courteous to all persons in the provision of such service.

(3) A Commissioner shall perform his duty with diligence, efciency and delity.

Family and other 8.

(1) A Commissioner shall not allow family, social, political or other relationships to inuence his conduct or decision.

inuences.

(2) A Commissioner shall not use or lend the prestige of his ofce and shall not knowingly convey or permit others to convey the impression that anyone is in a special position to inuence him.

(1) The ofcial duties of a Commissioner take precedence over all Precedence of ofcial his other activities.

duties.

(2) In particular, a Commissioner shall observe faithfully the electoral law, rules and regulations.

10.

A Commissioner shall disqualify himself in all matters where his Conicts of interests.

impartiality might reasonably be questioned including, without limitation, instances in which relatives, colleagues and former colleagues have an interest.

Code violations.

11.

(1) It shall be the responsibility of every Commissioner to report to the Chairman any violation of this Code: Provided that a complaint against the Chairman may be made to the responsible Commission (or shall, if made to the Chairman, be referred to that Commission).

(2) The Chairman shall investigate any matter reported to him and shall, at a meeting of the Commission, report the action he takes (including any www.kenyalaw.org The Public Ofcer Ethics Act CAP.

183 93 Rev.

2009] reference of the matter to the responsible Commission).

[Subsidiary] 12.

A Commissioner may engage in recreational activities as long as they Social and do not adversely affect the dignity and integrity of the Commission.

recreational activities.

13.

A Commissioner shall observe the following requirements in relation Private interests.

to his private interests- (a) he shall not take any salaried employment during his service as a Commissioner or conduct private business that is likely to conict with his ofcial duties; (b) he shall not subordinate his ofcial duties to private interest; (c) he shall not be associated outside his ofcial duties with any nancial or other activities in circumstances where there would be suspicion that his ofcial position or ofcial information available to him was being turned to his private gain or that of his associates; (d) he shall not engage in any occupation or business which might prejudice his status as a Commissioner, or bring the Commission into disrepute or dishonour.

14.

(1) For the purpose of section 25 of Appendix I, the appropriate Proper conduct.

authority to whom a Commissioner shall report the relevant matter is the Chairman.

(2) A Commissioner shall at all times conduct himself decently.

15.

(1) A Commissioner shall conduct his private affairs in a way that Conduct of private affairs.

maintains and enhances public condence in the integrity and dignity of his work.

(2) A Commissioner shall endeavour to manage his nances to avoid nancial embarrassment to himself and the Commission.

16.

A Commissioner who wishes to contest a seat in the National Prohibition on contesting political Assembly or local authority or any other political ofce shall be required to ofce.

resign from his ofce as a Commissioner prior to doing so.

17.

A Commissioner who at any time wishes to travel outside the country Travel outside shall obtain prior permission of the Chairman in writing.

Kenya.

APPENDIX (Rule 5 (2)) PART IIIGENERAL CODE OF CONDUCT AND ETHICS 7.

This Part set out a general Code of Conduct and Ethics for public Part sets out general Code.

ofcers.

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183 The Public Ofcer Ethics Act [Rev.

2009 [Subsidiary] Performance of duties, general.

A public ofcer shall, to the best of his ability, carry out his duties and ensure that the services that he provides are provided efciently and honestly.

Professionalism.

A public ofcer shall- (a) carry out his duties in a way that maintains public condence in the integrity of his ofce; (b) treat the public and his fellow public ofcers with courtesy and respect; (c) to the extent appropriate to his ofce, seek to improve the standards of performance and level of professionalism in his organisation; (d) if a member of a professional body, observe the ethical and professional requirements of that body; (e) observe ofcial working hours and not be absent without proper authorization or reasonable cause; (f) maintain an appropriate standard of dress and personal hygiene; and (g) discharge any professional responsibilities in a professional manner.

Rule of law.

10.

(1) A public ofcer shall carry out his duties in accordance with the law.

(2) In carrying out his duties, a public ofcer shall not violate the rights and freedoms of any person under Part V of the Constitution.

No improper enrichment.

11.

(1) A public ofcer shall not use his ofce to improperly enrich himself or others.

183 95 Rev.

2009] [Subsidiary] (b) improperly use his ofce to acquire land or other property for himself or another person, whether or not the land or property is paid for; or (c) for the personal benet of himself or another, use or allow the use of information that is acquired in connection with the public ofcers duties and that is not public.

(3) A public ofcer may accept a gift given to him in his ofcial capacity but, unless the gift is non-monetary gift that does not exceed the value prescribed by regulation, such a gift shall be deemed to be a gift to the public ofcers organisation.

(4) Subsection (2)(a) does not prevent a public ofcer from accepting a gift from a relative or friend given on a special occasion recognized by custom.

(5) Subsection (2)(c) does not apply to the use of information for educational or literary purposes, research purposes or other similar purposes.

Conict of interest.

12.

(1) A public ofcer shall use his best efforts to avoid being in a position in which his personal interests conict with his ofcial duties.

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183 The Public Ofcer Ethics Act [Rev.

2009 [Subsidiary] (5) The regulations may govern when the personal interests of a public ofcer conict with his ofcial duties for the purposes of this section.

(6) In this section, personal interest includes the interest of a spouse, relative or business associate.

Collections and 13.

(1) A public ofcer shall not- harambees.

(2) In this section, collection, collector and promoter have the Cap.

106.

same meanings as in section 2 of the Public Collections Act.

Acting for foreigners.

14.

(1) No public ofcer shall, in a manner that may be detrimental to the security interests of Kenya, be an agent for, or further the interests of, a foreign government, organization or individual.

Care of property.

15.

(1) A public ofcer shall take all reasonable steps to ensure that property that is entrusted to his care is adequately protected and not misused or misappropriated.

(2) A person who contravenes subsection (1) shall be personally liable for losses resulting from the contravention.

16.

(1) A public ofcer shall not, in or in connection with the performance Political neutrality.

of his duties as such- (a) act as an agent for, or so as to further the interest of, a political party; or (b) indicate support for or opposition to any political party or candidate in an election.

(2) A public ofcer shall not engage in political activity that may compromise or be seen to compromise the political neutrality of his ofce.

(3) This section does not apply to a member of the National Assembly or a councillor of a local authority.

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183 97 Rev.

2009] [Subsidiary] 17.

A public ofcer shall not practice nepotism or favouritism.

Nepotism, etc.

18.

A public ofcer who has a duty to give advice shall give honest and Giving of advice.

impartial advice without fear or favour.

19.

A public ofcer shall not knowingly give false or misleading Misleading the information to members of the public or to any other public ofcer.

public, etc.

20.

(1) A public ofcer shall conduct his private affairs in a way that Conduct of private maintains public condence in the integrity of his ofce.

affairs.

(2) A public ofcer shall not evade taxes.

(3) A public ofcer shall not neglect his nancial obligations or neglect to settle them.

21.

(1) A public ofcer shall not sexually harass a member of the public Sexual harassment.

or a fellow public ofcer.

22.

A public ofcer shall practice and promote the principle that public Selection, etc.

of ofcers should be- public ofcers.

(a) selected on the basis of integrity, competence and suitability; or (b) elected in fair elections.

Submitting of 23.

A public ofcer shall submit any declaration or clarication required declarations, etc.

under Part IV to be submitted or made by him.

24.

(1) A public ofcer contravenes the Code of Conduct and Ethics if- Acting through others.

(a) he causes anything to be done through another person that would, if the public ofcer did it, be a contravention of the Code of Conduct and Ethics; or (b) he allows or directs a person under his supervision or control to do anything that is a contravention of the Code of Conduct and Ethics.

www.kenyalaw.org 98 CAP.

183 The Public Ofcer Ethics Act [Rev.

2009 [Subsidiary] (2) Subsection (1)(b) does not apply with respect to anything done without the public ofcers knowledge or consent if the public ofcer took reasonable steps to prevent it.

Reporting improper orders.

25.

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183 99 Rev.

2009] [Subsidiary] THE CODE OF CONDUCT AND ETHICS FOR MEMBERS OF L.N.

130/2003.

THE NATIONAL ASSEMBLY ARRANGEMENT OF CODE Preamble.

part IprelImInary 1Citation.

2Interpretaion.

3Application of Code.

part IIrequIrementS 4Compliance with General Code.

5Faithfulness to oaths or afrmations.

6Uphold Constitution and the rule of law.

7Uphold dignity, etc.

of National Assembly.

8Treat other members with respect, etc.

9Open and transparent.

10Accountability to public.

11Act in interest of entire country.

12Promotion of unity.

13Ofcial duties to take precedence.

14Carrying out duties with integrity, etc.

15Incurring of obligations.

16Non-parliamentary activities.

17No improper use of public property, etc.

18No discrimination.

19Opposition to corruption.

20Breach of Code.

AppendixGeneral Code of Conduct and Ethics.

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183 The Public Ofcer Ethics Act [Rev.

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130/2003.

THE CODE OF CONDUCT AND ETHICS FOR MEMBERS OF THE NATIONAL ASSEMBLY Preamble.

This Code is intended to establish standards of ethical conduct and behaviour for members of the National Assembly.

It shall be construed so that it does not interfere with the independence of Parliament or limit its legal rights.

This Code does not in any way replace the laws and rules relating to the conduct of members of the National Assembly.

Members must obey those laws and rules and all other applicable laws.

part IprelImInary Citation.

This Code may be cited as the Code of Conduct and Ethics for Members of the National Assembly.

Interpretation.

In this Code, unless the context otherwise requires- member of the National Assembly includes, for greater certainty, the President, the Speaker and the Attorney General.

Application of Code.

This Code applies with respect to members of the National Assembly.

part IIrequIrementS Compliance with 4.

(1) A member of the National Assembly shall comply with all the General Code.

requirements imposed on a public ofcer under the General Code of Conduct and Ethics set out in Part III of the Act.

(2) The General Code and Ethics set out in Part III of the Act is set out in the Appendix to this Code and shall form part of this Code.

Faithfulness to oaths 5.

A member of the National Assembly shall be true and faithful to the or afrmations.

oaths or afrmations taken by the members as required under the Constitution or other laws.

Uphold Constitution 6.

A member of the National Assembly shall uphold the Constitution and the rule of law.

and the rule of law.

Uphold dignity, 7.

A member of the National Assembly shall uphold the dignity and etc.

of National integrity of the National Assembly and shall act in a manner that promotes Assembly.

respect for the National Assembly and its institutions.

Treat other members 8.

A member of the National Assembly shall treat other members with with respect, etc.

respect and shall strive to have cordial relations with all other members.

Open and 9.

A member of the National Assembly shall be open and transparent in www.kenyalaw.org The Public Ofcer Ethics Act CAP.

183 101 Rev.

2009] [Subsidiary] all the members actions.

transparent.

10.

A member of the National Assembly shall be accountable to the Accountability to public for the actions and decisions of the member and shall submit to open public.

scrutiny, as necessary.

11.

While a member of the National Assembly may have a special Act in interests of responsibility to the members constituency, the member shall act in the interests entire country.

of the entire country.

12.

A member of the National Assembly shall promote unity among Promotion of unity.

Kenyans, irrespective of race, tribe, clan, colour, creed or sex.

13.

A member of the National Assembly shall ensure that the ofcial Ofcial duties to take duties of the member take precedence over the members other activities.

precedence.

14.

(1) When voting, asking questions, or carrying out any other duties Carrying out duties as a member, a member of the National Assembly shall act with integrity and with integrity, etc.

objectivity.

(2) A member of the National Assembly shall not allow any personal benet or interest, including benets or interests of relatives or friends, to inuence the carrying out of the members duties.

15.

A member of the National Assembly shall not incur a nancial or Incurring of other obligation that might result in the member being unduly inuenced in the obligations.

performance of the members duties.

16.

A member of the National Assembly shall ensure that the members Non-parliamentary non-parliamentary activities do not interfere with or compromise the members activities.

ofcial duties or bring the National Assembly into disrepute.

17.

(1) A member of the National Assembly shall not make improper No improper use of use of public property or resources, including payments or contributions made public property, etc.

for public purposes.

(2) A member of the National Assembly shall not make improper use of any allowance paid to the member.

18.

A member of the National Assembly shall treat all Kenyans equally No discrimination.

and shall not discriminate against anyone on the basis of race, tribe, clan, colour, creed, sex or disability.

19.

A member of the National Assembly shall not tolerate corruption Opposition to in any form and shall ght against corruption both in the private and public corruption.

sectors.

20.

Where a member of the National Assembly has committed a breach Breach of Code.

of this Code, appropriate action will be taken in accordance with the Act and other applicable laws.

www.kenyalaw.org 102 CAP.

183 The Public Ofcer Ethics Act [Rev.

2009 [Subsidiary] APPENDIX (Rule 4 (2)) PART III - GENERAL CODE OF CONDUCT AND ETHICS Part sets out general 7.

This Part sets out a general Code of Conduct and Ethics for public Code.

ofcers.

Performance of 8.

A public ofcer shall, to the best of his ability, carry out his duties duties, general.

and ensure that the services that he provides are provided efciently and honestly.

Professionalism.

A public ofcer shall- (a) carry out his duties in a way that maintains public condence in the integrity of his ofce; (b) treat the public and his fellow public ofcers with courtesy and respect; (c) to the extent appropriate to his ofce, seek to improve the standards of performance and level of professionalism in his organisation; (d) if a member of a professional body, observe the ethical and professional requirements of that body; (e) observe ofcial working hours and not be absent without proper authorization or reasonable cause; (f) maintain an appropriate standard of dress and personal hygiene; and (g) discharge any professional responsibilities in a professional manner.

Rule of law.

10.

(1) A public ofcer shall carry out his duties in accordance with the law.

(2) In carrying out his duties, a public ofcer shall not violate the rights and freedoms of any person under Part V of the Constitution.

No improper 11.

(1) A public ofcer shall not use his ofce to improperly enrich enrichment.

himself or others.

183 103 Rev.

2009] (ii) carries on regulated activities with respect to which the public [Subsidiary] ofcers organization has a role; or (iii) has a contractual or similar relationship with the public of- cers organisation; (b) improperly use his ofce to acquire land or other property for himself or another person, whether or not the land or property is paid for; or (c) for the personal benet of himself or another, use or allow the use of information that is acquired in connection with the public ofcers duties and that is not public.

(4) Subsection (2)(a) does not prevent a public ofcer from accepting a gift from a relative or friend given on a special occasion recognized by custom.

(5) Subsection (2)(c) does not apply to the use of information for educational or literary purposes, research purposes or other similar purposes.

12.

(1) A public ofcer shall use his best efforts to avoid being in a Conict of interest.

position in which his personal interests conict with his ofcial duties.

(3) A public ofcer whose personal interest conict with his ofcial duties shall- (a) declare the personal interests to his superior or other appropriate body and comply with any directions to avoid the conict; and (b) refrain from participating in any deliberations with respect to the matter.

183 The Public Ofcer Ethics Act [Rev.

2009 [Subsidiary] (c) a business associate; or (d) a corporation, partnership or other body in which the ofcer has an interest.

(5) The regulations may govern when the personal interests of a public ofcer conict with his ofcial duties for the purposes of this section.

(6) In this section, personal interest includes the interest of a spouse, relative or business associate.

Collections and 13.

(1) A public ofcer shall not- harambees.

(2) In this section, collection, collector and promoter have the Cap.

106.

same meaning as in section 2 of the Public Collections Act.

Acting for foreigners.

14.

(1) No public ofcer shall, in a manner that may be detrimental to the security interests of Kenya, be an agent for, or further the interests of, a foreign government, organisation or individual.

Care of property.

15.

(1) A public ofcer shall take all reasonable steps to ensure that property that is entrusted to his care is adequately protected and not misused or misappropriated.

(2) A person who contravenes subsection (1) shall be personally liable for losses resulting from the contravention.

Political neutrality.

16.

www.kenyalaw.org The Public Ofcer Ethics Act CAP.

183 105 Rev.

2009] [Subsidiary] (2) A public ofcer shall not engage in political activity that may compromise or be seen to compromise the political neutrality of his ofce.

(3) This section does not apply to a member of the National Assembly or a councillor or a local authority.

17.

A public ofcer shall not practice nepotism or favouritism.

Nepotism, etc.

18.

A public ofcer who has a duty to give advice shall give honest and Giving of advice.

impartial advice without fear or favour.

19.

A public ofcer shall not knowingly give false or misleading Misleading the information to members of the public or to any other public ofcer.

public, etc.

20.

(1) A public ofcer shall conduct his private affairs in a way that Conduct of private maintains public condence in the integrity of his ofce.

affairs.

(2) A public ofcer shall not evade taxes.

(3) A public ofcer shall not neglect his nancial obligations or neglect to settle them.

21.

(1) A public ofcer shall not sexually harass a member of the public Sexual harassment.

or a fellow public ofcer.

22.

A public ofcer shall practice and promote the principle that public Selection, etc.

of ofcers should be- public ofcers.

(a) selected on the basis of integrity, competence and suitability; or (b) elected in fair elections.

23.

A public ofcer shall submit any declaration or clarication required Submitting of under Part IV to be submitted or made by him.

declarations, etc.

24.

(1) A public ofcer contravenes the Code of Conduct and Ethics if- Acting through (a) he causes anything to be done through another person that would, if others.

the public ofcer did it, be a contravention of the Code of Conduct www.kenyalaw.org 106 CAP.

183 The Public Ofcer Ethics Act [Rev.

2009 [Subsidiary] and Ethics; or (b) he allows or directs a person under his supervision or control to do anything that is a contravention of the Code of Conduct and Ethics.

(2) Subsection (1)(b) does not apply with respect to anything done without the public ofcers knowledge or consent if the public ofcer took reasonable steps to prevent it.

Reporting improper 25.

If a public ofcer considers that anything required of him is a orders.

contravention of the Code of Conduct and Ethics or is otherwise improper or unethical, he shall report the matter to an appropriate authority.

www.kenyalaw.org The Public Ofcer Ethics Act CAP.

183 107 Rev.

2009] [Subsidiary] THE PUBLIC SERVICE COMMISSIONERS CODE OF L.N.

131/2003.

CONDUCT AND ETHICS ARRANGEMENT OF CODE Preamble.

part IprelImInary 1Citation.

2Interpretation.

3Application of Code.

part IIrequIrementS 4Compliance with General Code.

5Prohibition against standing for election.

6Independence, integrity and impartiality.

7Social and recreational activities.

8Non-discrimination.

9Civil and charitable activities.

10Private interests.

11Gifts, etc.

12Professionalism and courtesy.

13Private agencies.

14Public statements and communication with the press.

15Absence from Kenya.

16Breach of Code.

AppendixGeneral Code of Conduct and Ethics.

www.kenyalaw.org 108 CAP.

183 The Public Ofcer Ethics Act [Rev.

2009 [Subsidiary] THE PUBLIC SERVICE COMMISSIONERS CODE OF CONDUCT AND ETHICS Preamble.

This Code is intended to establish standards of ethical conduct for the Public Service Commissioners.

The Public Service Commission of Kenya is committed to ensuring that the people of Kenya are served by a highly competent public service which is non-partisan and representative of the Kenyan society.

This Code contains rules of conduct and ethics to be observed by Commissioners so as to maintain the integrity and impartiality of the Commission.

Public Ofcers look up to the Commission as a custodian of meritocracy in the public service and in furtherance of this the Commissioners, both collectively and individually, must strive to enhance public trust in the Public Service.

part IprelImInary Citation.

This Code may be cited as the Public Service Commissioners Code of Conduct and Ethics.

Interpretation.

In this Code, unless the context otherwise requires- Commission means the Public Service Commission of Kenya; Commissioner means the Chairman, Deputy Chairman or a Commissioner of the Public Service Commission of Kenya holding ofce under Section 107 of the Constitution; family in relation to a Commissioner, includes his spouse, child, grandchild, parent, grandparent or other relative or person with whom he maintains a close family relationship; the Act means the Public Ofcers Ethics Act, 2003.

Application of Code.

This Code applies with respect to the Commissioners.

part II - requIrementS Compliance with 4.

(1) A Commissioner shall comply with all the requirements of the General Code.

General Code of Conduct and Ethics set out in Part III of the Act.

(2) The General Code of Conduct and Ethics set out in Part III of the Act is set out in the Appendix to this Code and shall form part of this Code.

Prohibition against 5.

A Commissioner shall not stand for election as a member of the standing for election.

National Assembly or a local authority or hold a political ofce.

www.kenyalaw.org The Public Ofcer Ethics Act CAP.

183 109 Rev.

2009] [Subsidiary] 6.

(1) A Commissioner shall be true to his oath of ofce and shall, Independence, in exercising the powers of his ofce, be seen to be free from external integrity and inuence.

impartiality.

(2) A Commissioner is entitled to his own views on political matters but shall not be permitted to express those views publicly.

A Commissioner may engage in arts, sports and other social and Social and recreational activities if such activities do not adversely affect the dignity of recreational his ofce or interfere with the performance of his public duties.

activities.

A Commissioner shall treat all Kenyans with equal respect and shall Non-discrimination.

not discriminate against anyone on the basis of clan, tribe, race, colour, religion, sex, age, gender or disability nor hold any ofce in an organization where discrimination is practised.

(1) While a Commissioner should not be isolated from the society of Civil and charitable which he is a part, he is expected to remain within dignied limits, and above activities.

all, he should regulate his extra-ofcial activities to minimize the risk of conict with his ofcial duties.

(2) A Commissioner shall live within his means and avoid incurring any nancial liability that he cannot satisfy.

(3) A Commissioner may contribute towards or attend a harambee but should not play a central role in its organization or preside over the same.

(4) A Commissioner shall not use his ofce to solicit for funds for a harambee or any other purpose.

10.

A Commissioner is required to observe the following requirements Private interests.

in relation to his private interests- (a) he shall ensure that he does not subordinate his ofcial duties to his private interests or put himself in a position where there is conict between his ofcials duties and his private interests; (b) he shall not associate outside his ofcial duties with any nancial or other activities in circumstances where there could be suspicion that his ofcial position or ofcial information available to him was being turned to his private gain or that of his associates; (c) he shall not engage in any occupation or business which might prejudice his status as a Commissioner or bring his ofce into disrepute; (d) he shall maintain at all times the ethical standards which the public experts of him in transacting ofcial business with efciency, integrity and impartiality.

11.

(1) A Commissioner shall neither ask for or accept any property or Gifts, etc.

benet of any kind for himself or for any person, on account of anything to be www.kenyalaw.org 110 CAP.

183 The Public Ofcer Ethics Act [Rev.

2009 [Subsidiary] done, or omitted to be done by him in the discharge of his duties by virtue of his ofcial position.

(2) A Commissioner or members of his family shall not solicit or accept any gifts, gratuity, hospitality, free passages or favours from any person or any body corporate or unincorporate that might reasonably be thought to inuence, or intended to inuence, him in the performance of his duties.

(3) Where a gift or donation of the nature specied in subparagraph (2) is given without the knowledge of the Commissioner or where it would be offensive to custom or good public relations to refuse the gift, the Commissioner shall report the matter to the Chairman, who shall direct the appropriate mode of disposal of any such gift or donation, and the Commissioner shall comply with such direction forthwith.

(4) Where the Commissioner to whom a gift is given is the Chairman, subparagraph (3) shall operate as though a reference therein to the Chairman were a reference to the Speaker of the National Assembly.

(5) When presents are exchanged between Commissioner acting on behalf of the Government in ceremonial intercourse with other Governments or the representatives, the presents received will be handed over to the Chairman, who shall direct the appropriate mode of disposal and any reciprocal presents will be given at the expense of the Commission.

Professionalism and 12.

(1) A Commissioner shall ensure that his ofcial and private conduct courtesy.

upholds, at all times, the dignity and integrity of his ofce by conducting himself, both ofcially and in private, in a dignied, honest and impeccable manner.

(2) A Commissioner shall, at all times, be disciplined whether or not on ofcial duty and shall in particular- (a) maintain a standard of dress and personal hygiene betting the dignity and image of that ofce; (b) observe ofcial working hours, be punctual and meet deadlines; (c) not be absent from duty without proper authorization or reasonable cause; (d) perform his duties in an efcient and competent manner; (e) exercise diligence, care and attention and seek to achieve high standards of professionalism in the delivery of services; (f) practice and promote adherence to meritocratic principles and practices in appointments to the Public Service, for which the guiding criteria shall be qualications, merit, competence and experience; and (g) seek to contribute and enhance the standards of performance and www.kenyalaw.org The Public Ofcer Ethics Act CAP.

183 111 Rev.

2009] level of professionalism in the Public Service.

[Subsidiary] (3) A Commissioner shall actively and personally promote a culture in the Public Service that aims at providing fast, friendly, responsive and efcient service, and shall be courteous to all persons in the performance of his duties.

13.

A Commissioner shall not undertake any private agency in any matter Private agencies.

connected with the exercise of his public duties.

14.

(1) A Commissioner shall not, without the express permission of the Public statements and Chairman of the Commission- communication with (a) act as editor of any newspaper or take part directly or indirectly in the press.

the management thereof; (b) publish in any manner anything which may be reasonably regarded as of a political nature whether under his own name, by pseudonym or anonymously; or (b) allow himself to be interviewed on questions of public policy affecting Kenya or any other country.

(2) A Commissioner shall avoid situations where lack of discretion on his part is likely to embarrass the Government or the Public Service.

15.

A Commissioner who wishes to travel outside Kenya shall obtain Absence from Kenya.

the prior permission of the Chairman in writing, which permission shall not be unreasonably denied.

16.

It shall be the responsibility of every Commissioner to report to the Breach of Code.

Chairman any violation of this Code.

(2) The Chairman shall investigate the same and report the action he takes, including any reference to the responsible Commission, to a meeting of the Commission: Provided that a complaint against the Chairman shall be reported to the responsible Commission.

APPENDIX (Rule 4 (2)) PART III - GENERAL CODE OF CONDUCT AND ETHICS 7.

This Part sets out a general Code of Conduct and Ethics for public Part sets out general ofcers.

Code.

A public ofcer shall, to the best of his ability, carry out his duties Performance of and ensure that the services that he provides are provided efciently and duties, general.

honestly.

Professionalism.

A public ofcer shall- www.kenyalaw.org 112 CAP.

183 The Public Ofcer Ethics Act [Rev.

2009 [Subsidiary] (a) carry out his duties in a way that maintains public condence in the integrity of his ofce; (b) treat the public and his fellow public ofcers with courtesy and respect; (c) to the extent appropriate to his ofce, seek to improve the standards of performance and level of professionalism in his organisation; (d) if a member of a professional body, observe the ethical and professional requirements of that body; (e) observe ofcial working hours and not be absent without proper authorization or reasonable cause; (f) maintain an appropriate standard of dress and personal hygiene; and (g) discharge any professional responsibilities in a professional manner.

Rule of law.

10.

(1) A public ofcer shall carry out his duties in accordance with the law.

(2) In carrying out his duties, a public ofcer shall not violate the rights and freedoms of any person under Part V of the Constitution.

No improper enrichment.

11.

(1) A public ofcer shall not use his ofce to improperly enrich himself or others.

(2) Without limiting the generality of subsection (1), a public ofcer shall not- (a) except as allowed under subsection (3) or (4), accept or request gifts or favours from a person who- (i) has an interest that may be affected by the carrying out, or not carrying out, of the public ofcers duties; (ii) carries on regulated activities with respect to which the public ofcers organization has a role; or (iii) has a contractual or similar relationship with the public of- cers organisation; (b) improperly use his ofce to acquire land or other property for himself or another person, whether or not the land or property is paid for; or (c) for the personal benet of himself or another, use or allow the use of www.kenyalaw.org The Public Ofcer Ethics Act CAP.

183 113 Rev.

2009] [Subsidiary] information that is acquired in connection with the public ofcers duties and that is not public.

(4) Subsection (2)(a) does not prevent a public ofcer from accepting a gift from a relative or friend given on a special occasion recognized by custom.

(5) Subsection (2)(c) does not apply to the use of information for educational or literary purposes, research purposes or other similar purposes.

12.

(1) A public ofcer shall use his best efforts to avoid being in a Conict of interest.

position in which his personal interests conict with his ofcial duties.

(5) The regulations may govern when the personal interests of a public ofcer conict with his ofcial duties for the purposes of this section.

(6) In this section, personal interest includes the interest of a spouse, relative or business associate.

www.kenyalaw.org 114 CAP.

183 The Public Ofcer Ethics Act [Rev.

2009 [Subsidiary] Collections and 13.

(1) A public ofcer shall not- harambees.

(2) In this section, collection, collector and promoter have the Cap.

106.

same meanings as in section 2 of the Public Collections Act.

Acting for foreigners.

14.

(1) No public ofcer shall, in a manner that may be detrimental to the security interests of Kenya, be an agent for, or further the interests of, a foreign government, organisation or individual.

Care of property.

15.

(1) A public ofcer shall take all reasonable steps to ensure that property that is entrusted to his care is adequately protected and not misused or misappropriated.

(2) A person who contravenes subsection (1) shall be personally liable for losses resulting from the contravention.

Political neutrality.

16.

(2) A public ofcer shall not engage in political activity that may compromise or be seen to compromise the political neutrality of his ofce.

(3) This section does not apply to a member of the National Assembly or a councillor of a local authority.

Nepotism, etc.

17.

A public ofcer shall not practice nepotism or favouritism.

Giving of advice.

18.

A public ofcer who has a duty to give advice shall give honest and impartial advice without fear or favour.

www.kenyalaw.org The Public Ofcer Ethics Act CAP.

183 115 Rev.

2009] [Subsidiary] 19.

A public ofcer shall not knowingly give false or misleading Misleading the information to members of the public or to any other public ofcer.

public, etc.

20.

(1) A public ofcer shall conduct his private affairs in a way that Conduct of private maintains public condence in the integrity of his ofce.

affairs.

(2) A public ofcer shall not evade taxes.

(3) A public ofcer shall not neglect his nancial obligations or neglect to settle them.

21.

(1) A public ofcer shall not sexually harass a member of the public Sexual harassment.

or a fellow public ofcer.

22.

A public ofcer shall practice and promote the principle that public Selection, etc.

of ofcers should be- public ofcers.

(a) selected on the basis of integrity, competence and suitability; or (b) elected in fair elections.

23.

A public ofcer shall submit any declaration or clarication required Submitting of under Part IV to be submitted or made by him.

declarations, etc.

24.

(1) A public ofcer contravenes the Code of Conduct and Ethics if- Acting through (a) he causes anything to be done through another person that would, if others.

(2) Subsection (1)(b) does not apply with respect to anything done without the public ofcers knowledge or consent if the public ofcer took reasonable steps to prevent it.

25.

If a public ofcer considers that anything required of him is a Reporting improper contravention of the Code of Conduct and Ethics or is otherwise improper or orders.

unethical, he shall report the matter to an appropriate authority.

www.kenyalaw.org 116 CAP.

183 The Public Ofcer Ethics Act [Rev.

2009 [Subsidiary] L.N.

132/2003.

THE PARLIAMENTARY SERVICE COMMISSION CODE OF CONDUCT AND ETHICS ARRANGEMENT OF CODE Preamble.

part IprelImInary 1Citation.

2Interpretation.

3Application of Code.

part IIrequIrementS 4Compliance with General Code.

5Other requirements relating to conduct.

AppendixGeneral Code of Conduct and Ethics.

www.kenyalaw.org The Public Ofcer Ethics Act CAP.

183 117 Rev.

2009] [Subsidiary] THE PARLIAMENTARY SERVICE COMMISSION CODE OF CONDUCT AND ETHICS The Parliamentary Service Commission and the Parliamentary Preamble.

Service were established by the Constitution (Amendment) Act, 1999.

The Parliamentary Service Act, 2000, which came into operation on 29th December, 2000, states that the Service shall be an institution of exemplary administrative and technical competence.

Provisions governing the discipline, work ethics and general conduct of parliamentary employees, and the procedure to be followed in cases of breach of discipline, are to be found in the Parliamentary Service Commission Act, 2000 and in subordinate legislation promulgated by the Commission from time to time.

This Code is in addition to, and does not replace, those provisions.

It contains general rules of conduct and ethics to be observed by all employees of the Parliamentary Service in order to maintain integrity and dignity in the performance by them of their duties in a manner consistent with the independence of Parliament as the supreme legislative body.

part IprelImInary 1.

This Code may be cited as the Parliamentary Service Code of Conduct Citation.

and Ethics.

In this Code, unless the context otherwise requires- Interpretation.

Commission means the Parliamentary Service Commission; employee means a person holding or acting in any ofce in the Service; Service means the Parliamentary Service established by section 45A of the Constitution; 3.

This Code applies with respect to all employees.

Application of Code.

part II - requIrementS 4.

(1) An employee shall comply with all the requirements of the General Compliance with Code of Conduct and Ethics set out in Part III of the Act.

General Code.

(2) The General Code of Conduct and Ethics set out in Part III of the Act is set out in the Appendix to this Code and shall form part of this Code.

shall- 5.

Without prejudice to the generality of paragraph 4, an employee Other rules of conduct.

(a) be patriotic and loyal to Kenya and at all times conduct himself in a manner that promotes the image and interest of the country; (b) conduct himself with honesty and integrity and act with care and www.kenyalaw.org 118 CAP.

183 The Public Ofcer Ethics Act [Rev.

2009 [Subsidiary] diligence; (c) use the resources of the nation conscientiously and combat corruption and misuse or wastage of public property; (d) respect and observe the law of the land and co-operate with all lawful agencies in the maintenance of law and order; (e) treat all persons with respect and courtesy; (f) promote gender equality and respect for the rights and freedoms of others; (g) preserve and protect the environment and national heritage; (h) comply with any lawful and reasonable direction given by any person in the Service having authority to give such direction; (i) maintain appropriate condentiality about dealings that the employee has with the National Assembly, its committees, its members and its staff (including employees of members, if any); (j) not make public comments that support or criticize a political party; (k) not make public comments that may compromise, or may reasonably be seen to compromise, the political neutrality of his ofce; (l) not make improper use of- (i) any information obtained through or in connection with the ofce of such employee and which is not yet made available to the public; or (ii) the employees duties, status, power or authority, in order to gain, or seek to gain, a benet or advantage for himself or for anyone else; (m) conduct himself in a manner that upholds the letter and spirit of the values and the integrity and good reputation of the Service; (n) while on duty overseas conduct himself in a manner that promotes the good image of Kenya; and (o) comply with any other requirements of conduct prescribed by the Commission from time to time.

APPENDIX (Rule 4 (2)) PART III - GENERAL CODE OF CONDUCT AND ETHICS www.kenyalaw.org The Public Ofcer Ethics Act CAP.

183 119 Rev.

2009] [Subsidiary] 7.

This Part sets out a general Code of Conduct and Ethics for public Part sets out general Code.

ofcers.

Performance of 8.

A public ofcer shall, to the best of his ability, carry out his duties duties, general.

and ensure that the services that he provides are provided efciently and honestly.

Professionalism.

A public ofcer shall- (a) carry out his duties in a way that maintains public condence in the integrity of his ofce; (b) treat the public and his fellow public ofcers with courtesy and respect; (c) to the extent appropriate to his ofce, seek to improve the standards of performance and level of professionalism in his organisation; (d) if a member of a professional body, observe the ethical and professional requirements of that body; (e) observe ofcial working hours and not be absent without proper authorization or reasonable cause; (f) maintain an appropriate standard of dress and personal hygiene; and (g) discharge any professional responsibilities in a professional manner.

Rule of law.

10.

(1) A public ofcer shall carry out his duties in accordance with the law.

(2) In carrying out his duties, a public ofcer shall not violate the rights and freedoms of any person under Part V of the Constitution.

No improper 11.

(1) A public ofcer shall not use his ofce to improperly enrich enrichment.

himself or others.

183 The Public Ofcer Ethics Act [Rev.

2009 [Subsidiary] (iii) has a contractual or similar relationship with the public of- cers organisation; (b) improperly use his ofce to acquire land or other property for himself or another person, whether or not the land or property is paid for; or (c) for the personal benet of himself or another, use or allow the use of information that is acquired in connection with the public ofcers duties and that is not public.

(4) Subsection (2)(a) does not prevent a public ofcer from accepting a gift from a relative or friend given on a special occasion recognized by custom.

(5) Subsection (2)(c) does not apply to the use of information for educational or literary purposes, research purposes or other similar purposes.

12.

(1) A public ofcer shall use his best efforts to avoid being in a Conict of interest.

position in which his personal interests conict with his ofcial duties.

183 121 Rev.

2009] (d) a corporation, a partnership or other body in which the ofcer has [Subsidiary] an interest.

(5) The regulations may govern when the personal interests of a public ofcer conict with his ofcial duties for the purposes of this section.

(6) In this section, personal interest includes the interest of a spouse, relative or business associate.

Collections and 13.

(1) A public ofcer shall not- harambees.

(2) In this section, collection, collector and promoter have the Cap.

106.

same meanings as in section 2 of the Public Collections Act.

Acting for foreigners.

14.

(1) No public ofcer shall, in a manner that may be detrimental to the security interests of Kenya, be an agent for, or further the interests of, a foreign government, organisation or individual.

Care of property.

15.

(1) A public ofcer shall take all reasonable steps to ensure that property that is entrusted to his care is adequately protected and not misused or misappropriated.

(2) A person who contravenes subsection (1) shall be personally liable for losses resulting from the contravention.

Political neutrality.

16.

(2) A public ofcer shall not engage in political activity that may compromise or be seen to compromise the political neutrality of his ofce.

www.kenyalaw.org 122 CAP.

183 The Public Ofcer Ethics Act [Rev.

2009 [Subsidiary] (3) This section does not apply to a member of the National Assembly or a councillor of a local authority.

Nepotism, etc.

17.

A public ofcer shall not practice nepotism or favouritism.

Giving of advice.

18.

A public ofcer who has a duty to give advice shall give honest and impartial advice without fear or favour.

Misleading the 19.

A public ofcer shall not knowingly give false or misleading public, etc.

information to members of the public or to any other public ofcer.

Conduct of private 20.

(1) A public ofcer shall conduct his private affairs in a way that affairs.

maintains public condence in the integrity of his ofce.

(2) A public ofcer shall not evade taxes.

(3) A public ofcer shall not neglect his nancial obligations or neglect to settle them.

Sexual harassment.

21.

(1) A public ofcer not sexually harass a member of the public or a fellow public ofcer.

Selection, etc.

of 22.

A public ofcer shall practice and promote the principle that public ofcers should be- public ofcers.

(a) selected on the basis of integrity, competence and suitability; or (b) elected in fair elections.

Submitting of 23.

A public ofcer shall submit any declaration or clarication required declarations, etc.

under Part IV to be submitted or made by him.

Acting through 24.

(1) A public ofcer contravenes the Code of Conduct and Ethics if- others.

183 123 Rev.

2009] do anything that is a contravention of the Code of Conduct and [Subsidiary] Ethics.

(2) Subsection (1)(b) does not apply with respect to anything done without the public ofcers knowledge or consent if the public ofcer took reasonable steps to prevent it.

25.

If a public ofcer considers that anything required of him is a Reporting improper contravention of the Code of Conduct and Ethics or is otherwise improper or orders.

unethical, he shall report the matter to an appropriate authority.

www.kenyalaw.org 124 CAP.

183 The Public Ofcer Ethics Act [Rev.

2009 [Subsidiary] THE POWERS AND PRIVILEGES COMMITTEE L.N.

133/2003.

PROCEDURES FOR THE ADMINISTRATION OF PART IV OF THE ACT Citation.

These procedures may be cited as the Powers and Privileges Committee Procedures for the Administration of Part IV of the Act.

Interpretation.

In these procedures, unless the context otherwise requires- administration ofcer in relation to a public ofcer for whom the Committee is the responsible Commission under the Act, means the person prescribed by paragraph 4(2) or (3) in relation to that public ofcer; Committee means the Powers and Privileges Committee of the National Assembly.

Scope of procedures.

These procedures are for the administration of Part IV of the Act with respect to the public ofcers for whom the Committee is the responsible Commission under the Act.

Administration 4.

(1) The administration ofcer shall be responsible for the administration of Part IV of the Act by the Committee.

ofcer.

(2) In relation to staff of the parliamentary service, the administration ofcer is the Clerk of the National Assembly.

(3) In relation to any other public ofcer for whom the Committee is the responsible Commission under the Act, the administration ofcer is the Speaker of the National Assembly.

To whom 5.

Declarations to be submitted under Part IV of the Act shall be submitted declarations to the administration ofcer.

submitted.

Who may make 6.

Requests for clarications under section 28 of the Act shall be made, requests for on behalf of the Committee, by the administration ofcer or by staff of the parliamentary service authorized in writing by him for that purpose.

clarications.

Review of 7.

(1) The administration ofcer, or staff of the parliamentary service declarations, etc.

authorized by him for the purpose, shall review each declaration to ascertain if, in the opinion of the administration ofcer or staff, any of the following conditions are satised- (a) on the face of the declaration, or in light of any other information the Committee may have, there is reason to suspect the declaration may be false or incomplete; (b) the assets of the person who submitted the declaration are disproportionate to his income; or (c) the income, assets or liabilities of the person who submitted the declaration raise concerns of impropriety or conict of interest.

www.kenyalaw.org The Public Ofcer Ethics Act CAP.

183 125 Rev.

2009] [Subsidiary] (2) If it is ascertained that any of the conditions in subparagraph (1) are satised, the person who submitted the declaration shall be given an opportunity to give an explanation.

(4) The Committee may, with respect to a matter brought to its attention under paragraph (3), take such action as it considers appropriate including, without limiting the generality of the foregoing, notifying the Kenya Anti- Corruption Commission and giving the Kenya Anti-Corruption Commission particulars of the condition that is satised and a copy of the declaration.

(1) The Committee or the administration ofcer may authorize staff of Authorization of staff the parliamentary service for the purposes of section 30 (4)(a) of the Act.

under s.

30 (4)(a).

(2) An authorization under paragraph (1) shall be in writing.

etc.

10.

authority to receive the information.

11.

The administration ofcer shall ensure that failures by public ofcers Administration to comply with the requirements of Part IV of the Act are brought to the attention of the Committee.

ofcer to report non- compliance.

www.kenyalaw.org 126 CAP.

183 The Public Ofcer Ethics Act [Rev.

2009 [Subsidiary] L.

N.134/2003.

THE CONTROLLER AND AUDITOR GENERAL CODE OF CONDUCT AND ETHICS ARRANGEMENT OF CODE Preamble.

part IprelImInary 1Citation.

2Interpretation.

3Application of Code.

part IIrequIrementS 4Compliance with General Code.

5Prohibition against standing for election.

6Independence, integrity and impartiality.

7Social and recreational activities.

8Non-discrimination.

9Civil and charitable activities.

10Private interests.

11Gifts, etc.

12Professionalism and courtesy.

13Private agencies.

14Public statements and communication with the press.

15Breach of Code.

AppendixGeneral Code of Conduct and Ethics.

www.kenyalaw.org The Public Ofcer Ethics Act CAP.

183 127 Rev.

2009] THE CONTROLLER AND AUDITOR GENERAL CODE OF [Subsidiary] CONDUCT AND ETHICS This Code is intended to establish standards of ethical conduct for the Preamble.

Controller and Auditor General.

The duties of the Controller and Auditor General as set out in the Constitution of Kenya are to audit the accounts of the Government of Kenya and the accounts of all its other bodies and Commissions and to report the results of that audit to Parliament.

In essence, the Controller and Auditor General is required to satisfy himself that money appropriated by Parliament is applied to the purposes for which it was appropriated.

To enable him do this, the Constitution gives the Controller and Auditor General right of access to records which he considers relevant to the performance of his work and also provides him with independence in the exercise of his functions.

It is an accepted norm in nearly all countries that an effective audit ofce goes a long way to encourage good governance and accountability of national resources.

The very existence of an effective audit ofce can be a deterrent to those who might be tempted to misuse, misappropriate or use the public resources extravagantly.

The ofce is the Parliaments watchdog on matters relating to public nance and other public resources.

part IprelImInary 1.

This Code may be cited as the Controller and Auditor General Code Citation.

of Conduct and Ethics.

In this Code, unless the context otherwise requires- Interpretation.

Controller and Auditor-General means the person holding ofce as such under section 105 of the Constitution; family, in relation to the Controller and Auditor General, includes his spouse, child, grandchild, parent, grandparent or other relative or person with whom he maintains a close family relationship; the Act means the Public Ofcers Ethics Act, 2003.

This Code applies with respect to the Controller and Auditor- Application of Code.

General.

part IIrequIrementS 4.

(1) The Controller and Auditor General shall comply with all the Compliance with requirements of the General Code of Conduct and Ethics set out in Part III of General Code.

the Act.

(2) The General Code of Conduct and Ethics set out in Part III of the Act is set out in the Appendix to this Code and shall form part of this Code.

www.kenyalaw.org 128 CAP.

183 The Public Ofcer Ethics Act [Rev.

2009 [Subsidiary] Prohibition against 5.

The Controller and Auditor General shall not stand for election as standing for election.

a member of the National Assembly or a local authority or hold a political ofce.

Independence, 6.

(1) The Controller and Auditor-General shall be true to his oath of integrity and impartiality.

ofce and shall, in exercising the powers of his ofce, be seen to be free from external inuence.

(2) The Controller and Auditor General is entitled to his own views on political matters but shall not be permitted to express those view publicly.

Social and 7.

The Controller and Auditor-General may engage in arts, sports and recreational other social and recreational activities if such activities do not adversely affect activities.

the dignity of his ofce or interfere with the performance of his public duties.

Non-discrimination.

A Controller and Auditor-General shall treat all Kenyans with equal respect and shall not discriminate against anyone on the basis of clan, tribe, race, colour, religion, sex, age, gender or disability nor hold any ofce in an organisation where discrimination is practised.

Civil and charitable 9.

(1) While the Controller and Auditor General should not be isolated activities.

from the society of which he is a part, he is expected to remain within dignied limits, and above all, he should regulate his extra-ofcial activities to minimize the risk of conict with his ofcial duties.

(2) The Controller and Auditor-General shall live within his means and avoid incurring any nancial liability that he cannot satisfy.

(3) The Controller and Auditor-General may contribute towards or attend a harambee but should not play a central role in its organization or preside over the same.

(4) The Controller and Auditor-General shall not use his ofce to solicit for funds for a harambee or any other purpose.

Private interests.

10.

The Controller and Auditor-General is required to observe the following requirements in relation to his private interests (a) he shall ensure that he does not subordinate his ofcial duties to his private interests or put himself in a position where there is conict between his ofcials duties and his private interests; (b) he shall not associate outside his ofcial duties with any nancial or other activities in circumstances where there could be suspicion that his ofcial position or ofcial information available to him was being turned to his private gain or that of his associates; (c) he shall not engage in any occupation or business which might prejudice his status as a Controller and Auditor-General or bring his ofce into dispute; www.kenyalaw.org The Public Ofcer Ethics Act CAP.

183 129 Rev.

2009] (d) he shall maintain at all times the ethical standards which the public [Subsidiary] experts of him in transacting ofcial business with efciency, integrity and impartiality.

11.

(1) The Controller and Auditor-General shall neither ask for or accept Gifts, etc.

any property or benet of any kind for himself or for any person, on account of anything to be done, or omitted to be done by him in the discharge of his duties by virtue of his ofcial position.

(2) The Controller and Auditor-General or members of his family shall not solicit or accept any gifts, gratuity, hospitality, free passages or favours from any person or any body corporate or unincorporate that might reasonably be thought to inuence, or intended to inuence, him in the performance of his duties.

(3) Where a gift or donation of the nature specied in subparagraph (2) is given without the knowledge of the Controller and Auditor-General or where it would be offensive to custom or good public relations to refuse the gift, the Controller and Auditor-General shall report the matter to the Speaker of the National Assembly, who shall direct the appropriate mode of disposal of any such gift or donation, and the Controller and Auditor-General shall comply with such direction forthwith.

(4) When presents are exchanged between the Controller and Auditor- General acting on behalf of the Government in ceremonial intercourse with other Governments or their representatives, the presents received will be handed over to the Speaker of the National Assembly, who shall direct the appropriate mode of disposal and any reciprocal presents will be given at the expense of the Government.

Professionalism and 12.

(1) The Controller and Auditor-General shall ensure that his ofcial courtesy.

and private conduct upholds, at all times, the dignity and integrity of his ofce by conducting himself, both ofcially and in private, in a dignied, honest and impeccable manner.

(2) The Controller and Auditor-General shall, at all times, be disciplined whether or not on ofcial duty and shall in particular- (a) maintain a standard of dress and personal hygiene betting the dignity and image of that ofce; (b) observe ofcial working hours, be punctual and meet deadlines; (c) not be absent from duty without proper authorization or reasonable cause; (d) perform his duties in an efcient and competent manner; (e) exercise diligence, care and attention and seek to achieve high standards of professionalism in the delivery of services; www.kenyalaw.org 130 CAP.

183 The Public Ofcer Ethics Act [Rev.

2009 [Subsidiary] (f) practise and promote adherence to meritocratic principles and practices in appointments to the Public Service, for which the guiding criteria shall be qualications, merit, competence and experience; and (g) seek to contribute and enhance the standards of performance and level of professionalism in the Public Service.

(3) The Controller and Auditor-General shall actively and personally promote a culture in the Public Service that aims at providing fast, friendly, responsive and efcient service, and shall be courteous to all persons in the performance of his duties.

Private agencies.

13.

The Controller and Auditor-General shall not undertake any private agency in any matter connected with the exercise of his public duties.

Public statements and 14.

The Controller and Auditor-General- communication with the press.

(a) shall not publish in any manner anything which may be reasonably regarded as of a political nature whether under his own name, by pseudonym or anonymously; (b) shall not allow himself to be interviewed on questions of public policy affecting Kenya or any other country; and (c) shall avoid situations where lack of discretion on his part is likely to embarrass the Government.

Breach of Code.

15.

Where the Controller and Auditor-General has committed a breach of this Code, appropriate action will be taken by the Powers and Privileges Committee of the National Assembly in accordance with the provisions of the Public Ofcer Ethics Act, 2003, the Constitution of the Republic and other laws.

APPENDIX (Rule 4 (2)) PART IIIGENERAL CODE OF CONDUCT AND ETHICS Part sets out general 7.

This Part sets out a general Code of Conduct and Ethics for public Code.

ofcers.

Performance of duties, general.

A public ofcer shall, to the best of his ability, carry out his duties and ensure that the services that he provides are provided efciently and honestly.

Professionalism.

183 131 Rev.

2009] [Subsidiary] respect; (c) to the extent appropriate to his ofce, seek to improve the standards of performance and level of professionalism in his organisation; (d) if a member of a professional body, observe the ethical and professional requirements of that body; (e) observe ofcial working hours and not be absent without proper authorization or reasonable cause; (f) maintain an appropriate standard of dress and personal hygiene; and (g) discharge any professional responsibilities in a professional manner.

10.

(1) A public ofcer shall carry out his duties in accordance with Rule of law.

the law.

(2) In carrying out his duties, a public ofcer shall not violate the rights and freedoms of any person under Part V of the Constitution.

11.

(1) A public ofcer shall not use his ofce to improperly enrich No improper himself or others.

enrichment.

(2) Without limiting the generality of subsection (1), a public ofcer shall not- (a) except as allowed under subsection (3) or (4), accept or request gifts or favours from a person who (i) has an interest that may be affected by the carrying out, or not carrying out, of the public ofcers duties; (ii) carries on regulated activities with respect to which the public ofcers organisation has a role; or (iii) has a contractual or similar relationship with the public of- cers organisation; (b) improperly use his ofce to acquire land or other property for himself or another person, whether or not the land or property is paid for; or (c) for the personal benet of himself or another, use or allow the use of information that is acquired in connection with the public ofcers duties and that is not public.

(3) A public ofcer may accept a gift to him in his ofcial capacity but, unless the gift is a non-monetary gift that does not exceed the value prescribed www.kenyalaw.org 132 CAP.

183 The Public Ofcer Ethics Act [Rev.

2009 [Subsidiary] by regulation, such a gift shall be deemed to be a gift to the public ofcers organisation.

(4) Subsection (2)(a) does not prevent a public ofcer from accepting a gift from a relative or friend given on a special occasion recognized by custom.

(5) Subsection (2)(c) does not apply to the use of information for educational or literary purposes, research purposes or other similar purposes.

12.

(1) A public ofcer shall use his best efforts to avoid being in a Conict of interest.

position in which his personal interests conict with his ofcial duties.

(5) The regulations may govern when the personal interests of a public ofcer conict with his ofcial duties for the purposes of this section.

(6) In this section, personal interest includes the interest of a spouse, relative or business associate.

Collections and 13.

(1) A public ofcer shall not- harambees.

(a) use his ofce or place of work as a venue for soliciting or collecting harambees; or www.kenyalaw.org The Public Ofcer Ethics Act CAP.

183 133 Rev.

2009] [Subsidiary] (b) either as a collector or promoter of a public collection, obtain money or other property from a person by using his ofcial position in any way to exert pressure.

(2) In this section, collection, collector and promoter have the same meanings as in section 2 of the Public Collections Act.

Cap.

106.

14.

(1) No public ofcer shall, in a manner that may be detrimental to Acting for foreigners.

the security interests of Kenya, be an agent for, or further the interests of, a foreign government, organisation or individual.

Care of property.

15.

(1) A public ofcer shall take all reasonable steps to ensure that property that is entrusted to his care is adequately protected and not misused or misappropriated.

(2) A person who contravenes subsection (1) shall be personally liable for losses resulting from the contravention.

Political neutrality.

16.

(2) A public ofcer shall not engage in political activity that may compromise or be seen to compromise the political neutrality of his ofce.

(3) This section does not apply to a member of the National Assembly or a councillor of a local authority.

Nepotism, etc.

17.

A public ofcer shall not practice nepotism or favouritism.

Giving of advice.

18.

A public ofcer who has a duty to give advice shall give honest and impartial advice without fear or favour.

Misleading the 19.

A public ofcer shall not knowingly give false or misleading public, etc.

information to members of the public or to any other public ofcer.

www.kenyalaw.org 134 CAP.

183 The Public Ofcer Ethics Act [Rev.

2009 [Subsidiary] Conduct of private 20.

(1) A public ofcer shall conduct his private affairs in a way that affairs.

maintains public condence in the integrity of his ofce.

(2) A public ofcer shall not evade taxes.

(3) A public ofcer shall not neglect his nancial obligations or neglect to settle them.

Sexual harassment.

21.

(1) A public ofcer shall not sexually harass a member of the public or a fellow public ofcer.

Selection, etc.

of 22.

A public ofcer shall practice and promote the principle that public ofcers should be- public ofcers.

(a) selected on the basis of integrity, competence and suitability; or (b) elected in fair elections.

Submitting of 23.

A public ofcer shall submit any declaration or clarication required declarations, etc.

under Part IV to be submitted or made by him.

Acting through 24.

(1) A public ofcer contravenes the Code of Conduct and Ethics if- others.

(2) Subsection (1)(b) does not apply with respect to anything done without the public ofcers knowledge or consent if the public ofcer took reasonable steps to prevent it.

Reporting improper 25.

If a public ofcer considers that anything required of him is a orders.

contravention of the Code of Conduct and Ethics or is otherwise improper or unethical, he shall report the matter to an appropriate authority.

www.kenyalaw.org The Public Ofcer Ethics Act CAP.

183 135 Rev.

2009] [Subsidiary] THE TEACHERS SERVICE COMMISSIONERS CODE OF L.N.

135/2003.

CONDUCT AND ETHICS ARRANGEMENT OF CODE Preamble.

part IprelImInary 1Citation.

2Interpretation.

3Application of Code.

part IIrequIrementS 4Compliance with General Code.

5Prohibition against standing for election.

6Independence, integrity and impartiality.

7Social and recreational activities.

8Non-discrimination.

9Civil and charitable activities.

10Private interests.

11Gifts, etc.

12Professionalism and courtesy.

13Private agencies.

14Public statements and communication with the press.

15Absence from Kenya.

16Breach of Code.

AppendixGeneral Code of Conduct and Ethics.

www.kenyalaw.org 136 CAP.

183 The Public Ofcer Ethics Act [Rev.

2009 [Subsidiary] THE TEACHERS SERVICE COMMISSIONERS CODE OF CONDUCT AND ETHICS Preamble.

This Code is intended to establish standards of ethical conduct for the Teachers Service Commissioners.

This Code contains rules of conduct and ethics to be observed by Commissioners so as to maintain the honour and discipline of the Commission, its integrity and impartiality, and the highest standards of the Service.

Teachers look to the Commission as a custodian of meritocracy in the Teachers Service and in furtherance of this the Commissioners, both collectively and individually, must strive to enhance public trust in the Service.

part IprelImInary Citation.

This Code may be cited as the Teachers Service Commissioners Code of Conduct and Ethics.

Interpretation.

In this Code, unless the context otherwise requires- Commission means the Teachers Service Commission established by Cap.

212.

the Teachers Service Commission Act; Commissioner means the person holding ofce as a member of the Commission; family, in relation to a Commissioner, includes his spouse, child, grandchild, parent, grandparent or other relative or person with whom he maintains a close family relationship; the Act means the Public Ofcers Ethics Act, 2003.

Application of Code.

This Code applies with respect to the Commissioners.

part IIrequIrementS Compliance with 4.

(1) A Commissioner shall comply with all the requirements of the General Code.

General Code of Conduct and Ethics set out in Part III of the Act.

(2) The General Code of Conduct and Ethics set out in Part III of the Act is set out in the Appendix to this Code and shall form part of this Code.

Prohibition against 5.

A Commissioner shall not stand for election as a member of the standing for election.

National Assembly or a local authority or hold a political ofce.

Independence, integrity and 6.

(1) A Commissioner shall be true to his oath of ofce.

impartiality.

(2) A Commissioner is entitled to his own views on political matters but shall not be permitted to express those views publicly.

www.kenyalaw.org The Public Ofcer Ethics Act CAP.

183 137 Rev.

2009] [Subsidiary] 7.

activities.

A Commissioner shall treat all Kenyans with equal respect and shall Non-discrimination.

not discriminate against anyone on the basis of clan, tribe, race, colour, religion, sex, age, gender or disability nor hold any ofce in an organisation where discrimination is practised.

(1) While a Commissioner should not be isolated from the society of Civil and charitable which he is a part, he is expected to remain within dignied limits, and above activities.

all, he should regulate his extra-ofcial activities to minimize the risk of conict with his ofcial duties.

(2) A Commission shall live within his means and avoid incurring any nancial liability that he cannot satisfy.

(3) A Commissioner may contribute towards or attend a harambee but should not play a central role in its organization or preside over the same.

(4) A Commissioner shall not use his ofce to solicit for funds for a harambee or any other purpose.

10.

A Commissioner is required to observe the following requirements Private interests.

in relation to his private interests- (a) he shall ensure that he does not subordinate his ofcial duties to his private interests or put himself in a position where there is conict between his ofcials duties and his private interests; (b) he shall not associate outside his ofcial duties with any nancial or other activities in circumstances where there could be suspicion that his ofcial position or ofcial information available to him was being turned to his private gain or that of his associates; (c) he shall not to engage in any occupation or business which might prejudice his status as a Commissioner or bring his ofce into dispute; (d) he shall maintain at all times the ethical standards which the public experts of him in transacting ofcial business with efciency, integrity and impartiality.

11.

(1) A Commissioner shall neither ask for or accept any property or Gifts, etc.

benet of any kind for himself or for any person, on account of anything to be done, or omitted to be done by him in the discharge of his duties by virtue of his ofcial position.

183 The Public Ofcer Ethics Act [Rev.

2009 [Subsidiary] or intended to inuence, him in the performance of his duties.

(5) When presents are exchanged between a Commissioner acting on behalf of the Government in ceremonial intercourse with other Governments or their representatives, the presents received will be handed over to the Chairman, who shall direct the appropriate mode of disposal and any reciprocal presents will be given at the expense of the Commission.

Professionalism and 12.

(1) A Commissioner shall ensure that his ofcial and private conduct courtesy.

upholds, at all times, the dignity and integrity of his ofce by conducting himself, both ofcially and in private, in a dignied, honest and impeccable manner.

(2) A Commissioner shall, at all times, be disciplined whether or not on ofcial duty and shall in particular- (a) maintain a standard of dress and personal hygiene betting the dignity and image of that ofce; (b) observe ofcial working hours, be punctual and meet deadlines; (c) not be absent from duty without proper authorization or reasonable cause; (d) perform his duties in an efcient and competent manner; (e) exercise diligence, care and attention and seek to achieve high standards of professionalism in the delivery of services; (f) practice and promote adherence to meritocratic principles and practices in appointments to the Teachers Service, for which the guiding criteria shall be qualications, merit, competence and experience; and (g) seek to contribute and enhance the standards of performance and level of professionalism in the Teachers Service.

(3) A Commissioner shall actively and personally promote a culture in the Teachers Service that aims at providing fast, friendly, responsive and efcient service, and shall be courteous to all persons in the performance of his duties.

Private agencies.

13.

A Commissioner shall not undertake any private agency in any matter www.kenyalaw.org The Public Ofcer Ethics Act CAP.

183 139 Rev.

2009] [Subsidiary] connected with the exercise of his public duties.

14.

(1) A Commissioner shall not, without the express permission of the Public statements and Chairman of the Commission- communication with the press.

(a) act as editor of any newspaper or take part directly or indirectly in the management thereof; (b) publish in any manner anything which may be reasonably regarded as of a political nature whether under his own name, by pseudonym or anonymously; or (c) allow himself to be interviewed on questions of public policy affecting Kenya or any other country.

(2) A Commissioner shall avoid situations where lack of discretion on his part is likely to embarrass the Government or the Teacher Service.

15.

A Commissioner who wishes to travel outside Kenya shall obtain Absence from Kenya.

the prior permission of the Chairman in writing, which permission shall not be unreasonably denied.

16.

(1) It shall be the responsibility of every Commissioner to report to Breach of Code.

the Chairman any violation of this Code.

(2) The Chairman shall investigate the same and report the action he takes, including any reference to the responsible Commission, to a meeting of the Commission: Provided that any complaint against the Chairman shall be made to the responsible Commission.

APPENDIX (Rule 4(2)) PART III - GENERAL CODE OF CONDUCT AND ETHICS 7.

This Part sets out a general Code of Conduct and Ethics for public Part sets out general Code.

ofcers.

Performance of 8.

A public ofcer shall, to the best of his ability, carry out his duties duties, general.

and ensure that the services that he provides are provided efciently and honestly.

Professionalism.

183 The Public Ofcer Ethics Act [Rev.

2009 [Subsidiary] (c) to the extent appropriate to his ofce, seek to improve the standards of performance and level of professionalism in his organisation; (d) if a member of a professional body, observe the ethical and professional requirements of that body; (e) observe ofcial working hours and not be absent without proper authorization or reasonable cause; (f) maintain an appropriate standard of dress and personal hygiene; and (g) discharge any professional responsibilities in a professional manner.

Rule of law.

10.

(1) A public ofcer shall carry out his duties in accordance with the law.

(2) In carrying out his duties, a public ofcer shall not violate the rights and freedoms of any person under Part V of the Constitution.

No improper 11.

(1) A public ofcer shall not use his ofce to improperly enrich enrichment.

himself or others.

(2) Without limiting the generality of subsection (1), a public ofcer shall not- (a) except as allowed under subsection (3) or (4), accept or request gifts or favours from a person who- (i) has an interest that may be affected by the carrying out, or not carrying out, of the public ofcers duties; (ii) carries on regulated activities with respect to which the public ofcers organisation has a role; or (iii) has a contractual or similar relationship with the public of- cers organisation; (b) improperly use his ofce to acquire land or other property for himself or another person, whether or not the land or property is paid for; or (c) for the personal benet of himself or another, use or allow the use of information that is acquired in connection with the public ofcers duties and that is not public.

183 141 Rev.

2009] [Subsidiary] ofcers organisation.

(4) Subsection (2)(a) does not prevent a public ofcer from accepting a gift from a relative or friend given on a special occasion recognized by custom.

(5) Subsection (2)(c) does not apply to the use of information for educational or literary purposes, research purposes or other similar purposes.

Conict of interest.

12.

(1) A public ofcer shall use his best efforts to avoid being in a position in which his personal interests conict with his ofcial duties.

(5) The regulations may govern when the personal interests of a public ofcer conict with his ofcial duties for the purposes of this section.

(6) In this section, personal interest includes the interest of a spouse, relative or business associate.

Collections and 13.

(1) A public ofcer shall not- harambees.

(a) use his ofce or place of work as a venue for soliciting or collecting harambees; or www.kenyalaw.org 142 CAP.

183 The Public Ofcer Ethics Act [Rev.

2009 [Subsidiary] (b) either as a collector or promoter of a public collection, obtain money or other property from a person by using his ofcial position in any way to exert pressure.

(2) In this section, collection, collector and promoter have the Cap.

106.

same meanings as in section 2 of the Public Collections Act.

Acting for foreigners.

14.

(1) No public ofcer shall, in a manner that may be detrimental to the security interests of Kenya, be an agent for, or further the interests of, a foreign government, organisation or individual.

Care of property.

15.

(1) A public ofcer shall take all reasonable steps to ensure that property that is entrusted to his care is adequately protected and not misused or misappropriated.

(2) A person who contravenes subsection (1) shall be personally liable for losses resulting from the contravention.

Political neutrality.

16.

(2) A public ofcer shall not engage in political activity that may compromise or be seen to compromise the political neutrality of his ofce.

(3) This section does not apply to a member of the National Assembly or a councillor of a local authority.

Nepotism, etc.

17.

A public ofcer shall not practice nepotism or favouritism.

Giving of advice.

18.

A public ofcer who has a duty to give advice shall give honest and impartial advice without fear or favour.

Misleading the 19.

A public ofcer shall not knowingly give false or misleading public, etc.

information to members of the public or to any other public ofcer.

Conduct of private 20.

(1) A public ofcer shall conduct his private affairs in a way that affairs.

maintains public condence in the integrity of his ofce.

www.kenyalaw.org The Public Ofcer Ethics Act CAP.

183 143 Rev.

2009] [Subsidiary] (2) A public ofcer shall not evade taxes.

(3) A public ofcer shall not neglect his nancial obligations or neglect to settle them.

21.

(1) A public ofcer shall not sexually harass a member of the public Sexual harassment.

or a fellow public ofcer.

22.

A public ofcer shall practice and promote the principle that public Selection, etc of ofcers should be- public ofcers.

(a) selected on the basis of integrity, competence and suitability; or (b) elected in fair elections.

Submitting of 23.

A public ofcer shall submit any declaration or clarication required declarations, etc.

under Part IV to be submitted or made by him.

24.

(1) A public ofcer contravenes the Code of Conduct and Ethics if- Acting through (a) he causes anything to be done through another person that would, if others.

(2) Subsection (1)(b) does not apply with respect to anything done without the public ofcers knowledge or consent if the public ofcer took reasonable steps to prevent it.

25.

If a public ofcer considers that anything required of him is a Reporting improper contravention of the Code of Conduct and Ethics or is otherwise improper or orders.

unethical, he shall report the matter to an appropriate authority.

www.kenyalaw.org 144 CAP.

183 The Public Ofcer Ethics Act [Rev.

2009 [Subsidiary] L.N.

136/2003.

THE TEACHERS SERVICE COMMISSION PROCEDURES FOR THE ADMINISTRATION OF PART IV OF THE ACT Citation.

These procedures may be cited as the Teachers Service Commission Procedures for the Administration of Part IV of the Act.

Interpretation.

In these procedures, unless the context otherwise requires- administration ofcer means the Secretary of the Commission; Commission means the Teachers Service Commission.

Scope of procedures.

These procedures are for the administration of Part IV of the Act with respect to the public ofcers for whom the Commission is the responsible Commission under the Act.

Administration 4.

The administration ofcer shall be responsible for the administration of Part IV of the Act by the Commission.

ofcer.

To whom 5.

(1) Declarations to be submitted to the Commission under Part IV of declarations the Act shall be submitted to the administration ofcer.

submitted.

(2) Declarations shall be submitted in sealed envelopes and shall be submitted to the administration ofcer through agents of the Commission as directed by the administration ofcer.

Who may make 6.

clarications.

Review of 7.

(1) The administration ofcer, or staff of the Commission authorized declarations, etc.

(2) If it is ascertained that any of the conditions in subparagraph (1) are satised, the person who submitted the declaration shall be given an opportunity to give an explanation.

(3) If, after considering any explanation the person who submitted the www.kenyalaw.org The Public Ofcer Ethics Act CAP.

183 145 Rev.

2009] [Subsidiary] declaration may give, the administration ofcer is of the opinion that any of the conditions in subparagraph (1) are still satised, the administration ofcer shall bring the matter to the attention of the Commission.

Authorization of staff 8.

(1) The Commission or the administration ofcer may authorize staff under s.

30 (4)(a).

of the Commission for the purposes of section 30 (4)(a) of the Act.

(2) An authorization under paragraph (1) shall be in writing.

etc.

10.

Information shall not be disclosed, under section 30 (4)(d) of the Condition for Act, to a representative of the person who provided the information unless the disclosures to representatives.

representative provides copies of documents that establish the representatives authority to receive the information.

Administration 11.

The administration ofcer shall ensure that failures by public ofcers to comply with the requirements of Part IV of the Act are brought to the attention ofcer to report non- of the Commission.

compliance.

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183 The Public Ofcer Ethics Act [Rev.

2009 [Subsidiary] L.N.

137/2003.

THE TEACHERS SERVICE COMMISSION CODE OF CONDUCT AND ETHICS ARRANGEMENT OF CODE Preamble.

part IprelImInary 1Citation.

2Interpretation.

3Application of Code.

part IIrequIrementS 4Compliance with General Code.

5Human rights, etc.

6Professionalism.

7Conduct of duties.

8Evaluation of students.

9Sexual relations with students.

10Pornography.

11Illicit drugs.

12Prohibition against standing for election.

13Canvassing for favours in Service.

14Private affairs outside activities.

15Private teaching work.

16Endorsing private activities.

17Private affairs-nancial dealings.

18Dealing with donations.

19Gifts.

20Appropriate person to whom improper orders to be reported.

21Reporting of charges against a public ofcer.

22Breach of Code, reporting.

23Breach of Code, action to be taken.

AppendixGeneral Code of Conduct and Ethics.

www.kenyalaw.org The Public Ofcer Ethics Act CAP.

183 147 Rev.

2009] [Subsidiary] THE TEACHERS SERVICE COMMISSION CODE OF CONDUCT AND ETHICS The Education System of the Republic of Kenya is charged with the Preamble.

responsibility of nurturing the growth of the whole person through integrated development of physical, intellectual, moral and spiritual attributes and abilities.

The teacher is a key person in imparting knowledge, skills and attitudes that are necessary for the development of the country.

The Teaching Service is a noble calling which demands sacrice and selessness.

The Code is intended to establish standards of ethical conduct and behaviour for teachers and for the ofcers and employees of the Teachers Service Commission.

This Code contains rules of conduct and ethics to be observed so as to maintain the integrity, dignity and nobility of the teaching profession.

The Code does not in any way replace the Code of Regulations for Teachers or the laws and rules relating to the ofcers and employees of the Teachers Service Commission.

Those laws and rules and all other applicable laws must be obeyed.

Teachers and ofcers and employees of the Teachers Service Commission should adhere to this Code so as not to bring ridicule and dishonour to the Commission and the teaching profession.

part IprelImInary 1.

This Code may be cited as the Teachers Service Commission Code Citation.

of Conduct and Ethics.

In this Code, unless the context otherwise requires- Interpretation.

public ofcer means a public ofcer to whom this Code applies under rule 3; school includes pre-primary and post-secondary institutions; student includes students at pre-primary and post-secondary institutions.

(1) This Code applies with respect to- Application of Code.

(a) public ofcers who are teachers registered under the Teachers Service Commission Act; and (b) ofcers and employees of the Teachers Service Commission.

(2) For greater certainty, the ofcers and employees referred to in paragraph (1)(b) do not include the members of the Teachers Service Commission.

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183 The Public Ofcer Ethics Act [Rev.

2009 [Subsidiary] part IIrequIrementS 4.

(1) A public ofcer shall comply with all the requirements of the Compliance with General Code of Conduct and Ethics set out in Part III of the Act.

General Code.

(2) The General Code of Conduct and Ethics set out in Part III of the Act is set out in the Appendix to this Code and shall form part of this Code.

Human rights, etc.

(1) In carrying out his duties, a public ofcer shall respect, protect and promote the human rights and freedoms of students without discrimination on the basis of race, tribe, political opinions, colour, creed, sex, disability, social status or culture.

(2) A public ofcer shall not be a member in an organisation that he knows promotes or practices discrimination on a basis set out in paragraph (1).

Professionalism.

(1) A public ofcer who is in a profession shall maintain his professional competence.

(2) A public ofcer shall not convey, or allow others to convey, the impression that anyone is in a position to improperly inuence him.

Conduct of duties.

(1) A public ofcer shall be efcient and punctual and shall meet his deadlines.

(2) A public ofcer shall ensure that his ofcial duties take precedence over his other activities.

(3) A public ofcer shall take reasonable steps to ensure that the activities he carries out or supervises are conducted in an orderly manner and with due decorum.

(4) A public ofcer shall be patient, dignied and courteous to students, colleagues and members of the public.

Evaluation of 8.

(1) A public ofcer who evaluates students shall do so honestly and students.

only on the basis of their performance.

(2) A public ofcer shall use his best efforts to ensure that examinations are conducted fairly and without cheating.

Sexual relations with 9.

(1) A public ofcer shall not engage in any sexual activity with a students.

student regardless of whether the student consents.

(2) A public ofcer shall not make a request to, or exert pressure on, a student for sexual activity or favours.

(3) A public ofcer shall not irt with a student.

Pornography.

10.

(1) A public ofcer shall not supply pornography to a student, expose a student to pornography or assist a student in obtaining access to pornography.

www.kenyalaw.org The Public Ofcer Ethics Act CAP.

183 149 Rev.

2009] [Subsidiary] (2) A public ofcer shall use his best efforts to ensure that any school he works in is free of pornography.

11.

(1) A public ofcer shall not supply illicit drugs to a student, expose Illicit drugs.

a student to illicit drugs or assist a student in obtaining access to illicit drugs.

(2) A public ofcer shall use his best efforts to ensure that any school he works in is free of illicit drugs.

12.

A public ofcer shall not stand for election as a member of the Prohibition against National Assembly or a local authority or hold a political ofce.

standing for election.

13.

A public ofcer shall not canvass or lobby, either directly or indirectly, Canvassing for for any favours in the Teaching Service or, if the public ofcer is an ofcer or favours in Service.

employee of the Teachers Service Commission, for any favours relating to his employment with the Commission.

14.

(1) While a public ofcer should not be isolated from the society of Private affairs - which he is a part, he shall ensure that his non-ofcial activities do not interfere outside activities.

with his ofcial duties or affect the dignity of his ofce and that the risk of conict with his ofcial duties is minimized.

(2) A public ofcer shall not engage in private business during ofcial working hours.

15.

(1) A public ofcer shall not- Private teaching (a) charge or accept any fee for tuition of a student, even if the tuition work.

is given outside ofcial working hours; or (b) establish or retain an interest in a private school or work at such a school.

(2) Paragraph (1)(a) does not apply with respect to tuition fees that are lawfully charged by the school.

16.

A public ofcer shall not use or lend the prestige of his ofce to Endorsing private sanction or endorse his own private activities or the private activities of any activities.

other person.

17.

(1) A public ofcer shall live within his means and avoid incurring Private affairs any nancial liability that he cannot satisfy.

nancial dealings.

(2) A public ofcer who becomes bankrupt, becomes a judgement debtor or against whom proceedings are taken in bankruptcy shall forthwith report the matter to the Secretary of the Teachers Service Commission.

18.

(1) A public ofcer shall, to the extent that he is involved in the Dealing with receipt and administration of donations for school purposes, ensure that proper donations.

records are kept of the donations and that they are used for the purposes for which they were given.

www.kenyalaw.org 150 CAP.

183 The Public Ofcer Ethics Act [Rev.

2009 [Subsidiary] (2) A public ofcer shall inform the Secretary of the Teachers Service Commission or another appropriate authority if the public ofcer has reasonable grounds for believing- (a) that proper records of any donations for school purposes have not been kept; or (b) that any donations for school purposes have not been used for the purposes for which they were given.

Gifts.

19.

(1) If a public ofcer is given a gift described in paragraph (2), then, even if the gift is not deemed, under section 11(3) of the General Code of Conduct and Ethics set out in the Appendix to this Code, to be a gift to the public ofcers organization- (a) the public ofcer shall report the matter to the Secretary of the Teachers Service Commission who shall direct the appropriate mode of disposal of the gift; and (b) the public ofcer shall comply with such direction.

(3) A public ofcer shall not accept a gift, including a gift from his school, that is given as a reward for, or in recognition of, the performance of students unless the gift is a non-monetary gift whose value does not exceed 5,000 shillings.

(4) A gift that a public ofcer is otherwise allowed to accept from a relative or friend because it is given on a special occasion recognized by custom shall not be accepted by the public ofcer in a public ofce.

Appropriate person 20.

For the purposes of section 25 of the General Code of Conduct and to whom improper Ethics set out in the Appendix to this Code, the appropriate authority to whom orders to be reported.

a public ofcer shall report a matter under that section is the Secretary of the Teachers Service Commission.

Reporting of charges against a public 21.

(1) A public ofcer who is charged with an offence described in paragraph (3) shall forthwith report the matter to the Secretary of the Teachers ofcer.

Service Commission.

(2) A public ofcer who discovers that a public ofcer under his supervision has been charged with an offence described in paragraph (3) shall www.kenyalaw.org The Public Ofcer Ethics Act CAP.

183 151 Rev.

2009] either ensure that the matter is reported under paragraph (1) or report the matter [Subsidiary] to the Secretary of the Teachers Service Commission directly.

(3) An offence referred to in paragraph (1) or (2) is an offence that may be punished by imprisonment, other than in default of payment of a ne.

22.

A public ofcer shall inform the Secretary of the Teachers Service Breach of Code, Commission or another appropriate authority if the public ofcer knows that reporting.

another public ofcer has breached this Code unless the public ofcer reasonably believes that the breach has been or will otherwise be reported.

23.

Where a public ofcer has committed a breach of this Code, Breach of Code, appropriate action will be taken in accordance with the Act and other applicable action to be taken.

laws.

APPENDIX (Rule 4 (2)) PART III - GENERAL CODE OF CONDUCT AND ETHICS 7.

This Part sets out a general Code of Conduct and Ethics for public Part sets out general ofcers.

Code.

A public ofcer shall, to the best of his ability, carry out his duties Performance of and ensure that the services that he provides are provided efciently and duties, general.

honestly.

A public ofcer shall- Professionalism.

10.

(1) A public ofcer shall carry out his duties in accordance with Rule of law.

www.kenyalaw.org 152 CAP.

183 The Public Ofcer Ethics Act [Rev.

2009 [Subsidiary] the law.

(2) In carrying out his duties, a public ofcer shall not violate the rights and freedoms of any person under Part V of the Constitution.

No improper 11.

(1) A public ofcer shall not use his ofce to improperly enrich enrichment.

himself or others.

(2) Without limiting the generality of subsection (1), a public ofcer shall not- (a) except as allowed under subsection (3) or (4), accept or request gifts or favours from a person who- (i) has an interest that may be affected by the carrying out, or not carrying out, of the public ofcers duties; (ii) carries on regulated activities with respect to which the public ofcers organisation has a role; or (iii) has a contractual or similar relationship with the public of- cers organisation; (b) improperly use his ofce to acquire land or other property for himself or another person, whether or not the land or property is paid for; or (c) for the personal benet of himself or another use or allow the use of information that is acquired in connection with the public ofcers duties and that is not public.

(4) Subsection (2)(a) does not prevent a public ofcer from accepting a gift from a relative or friend given on a special occasion recognized by custom.

(5) Subsection (2)(c) does not apply to the use of information for educational or literary purposes, research purposes or other similar purposes.

Conict of interest.

12.

(1) A public ofcer shall use his best efforts to avoid being in a position in which his personal interests conict with his ofcial duties.

www.kenyalaw.org The Public Ofcer Ethics Act CAP.

183 153 Rev.

2009] [Subsidiary] (3) A public ofcer whose personal interests conict with his ofcial duties shall- (a) declare the personal interests to his superior or other appropriate body and comply with any directions to avoid the conict; and (b) refrain from participating in any deliberations with respect to the matter.

(5) The regulations may govern when the personal interests of a public ofcer conict with his ofcial duties for the purposes of this section.

(6) In this section, personal interest includes the interest of a spouse, relative or business associate.

Collections and 13.

(1) A public ofcer shall not- harambees.

(2) In this section, collection, collector and promoter have the Cap.

106.

same meanings as in section 2 of the Public Collections Act.

Acting for foreigners.

14.

(1) No public ofcer shall, in a manner that may be detrimental to the security interests of Kenya, be an agent for, or further the interests of, a foreign government, organisation or individual.

183 The Public Ofcer Ethics Act [Rev.

2009 [Subsidiary] it is owned or controlled by foreign governments, organisations or individuals.

Care or property.

15.

(1) A public ofcer shall take all reasonable steps to ensure that property that is entrusted to his care is adequately protected and not misused or misappropriated.

(2) A person who contravenes subsection (1) shall be personally liable for losses resulting from the contravention.

Political neutrality.

16.

(2) A public ofcer shall not engage in political activity that may compromise or be seen to compromise the political neutrality of his ofce.

(3) This section does not apply to a member of the National Assembly or a councillor of a local authority.

Nepotism, etc.

17.

A public ofcer shall not practice nepotism or favouritism.

Giving of advice.

18.

A public ofcer who has a duty to give advice shall give honest and impartial advice without fear or favour.

Misleading the 19.

A public ofcer shall not knowingly give false or misleading public, etc.

information to members of the public or to any other public ofcer.

Conduct of private 20.

(1) A public ofcer shall conduct his private affairs in a way that affairs.

maintains public condence in the integrity of his ofce.

(2) A public ofcer shall not evade taxes.

(3) A public ofcer shall not neglect his nancial obligations or neglect to settle them.

Sexual harassment.

21.

(1) A public ofcer shall not sexually harass a member of the public or a fellow public ofcer.

(2) In subsection (1), sexually harass includes doing any of the following, if the person doing it knows or ought to know that it is unwelcome- (a) making a request or exerting pressure for sexual activity of favours; (b) making intentional or careless physical contact that is sexual in nature; and www.kenyalaw.org The Public Ofcer Ethics Act CAP.

183 155 Rev.

2009] [Subsidiary] (c) making gestures, noises, jokes or comments, including innuendos, regarding another persons sexuality.

22.

A public ofcer shall practice and promote the principle that public Selection, etc of ofcers should be- public ofcers.

(a) selected on the basis of integrity, competence and suitability; or (b) elected in fair elections.

23.

A public ofcer shall submit any declaration or clarication required Submitting of under Part IV to be submitted or made by him.

declarations, etc.

24.

(1) A public ofcer contravenes the Code of Conduct and Ethics if- Acting through (a) he causes anything to be done through another person that would, if others.

(2) Subsection (1)(b) does not apply with respect to anything done without the public ofcers knowledge or consent if the public ofcer took reasonable steps to prevent it.

Reporting improper 25.

If a public ofcer considers that anything required of him is a orders.

contravention of the Code of Conduct and Ethics or is otherwise improper or unethical, he shall report the matter to an appropriate authority.

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183 The Public Ofcer Ethics Act [Rev.

2009 [Subsidiary] L.N.

168/2003.

THE CENTRAL BANK OF KENYA CODE OF CONDUCT AND ETHICS ARRANGEMENT OF CODE Preamble.

part IprelImInary 1Citation.

2Interpretation.

3Application of Code.

part IIrequIrementS 4Compliance with General Code.

5Other rules of conduct.

AppendixGeneral Code of Conduct and Ethics.

www.kenyalaw.org The Public Ofcer Ethics Act CAP.

183 157 Rev.

2009] [Subsidiary] THE CENTRAL BANK OF KENYA CODE OF CONDUCT AND ETHICS This Code is intended to establish standards of ethical conduct and Preamble.

behaviour for ofcers and employees of the Central Bank of Kenya and of banks and nancial institutions that are state corporations, so as to maintain integrity and impartiality in the provision of services to members of the public.

The Code does not in any way replace the rules and regulations of the respective banks and institutions governing the disciplines and general conduct of ofcers and employees.

The ofcers and employees to whom the Code applies must obey those rules and regulations and all other applicable laws.

part IprelImInary 1.

This Code may be cited as the Central Bank of Kenya Code of Conduct Citation.

and Ethics.

In this Code, unless the context requires- Interpretation.

Commission means the board of directors of the Central Bank of Kenya; public ofcer means an ofcer or employee to whom this Code applies under paragraph 3 of this Code.

(1) This Code applies to ofcers and employees of- Application of Code.

(a) the Central Bank of Kenya; and (b) banks and nancial institutions licensed under the Banking Act Cap.

488.

that are state corporations.

(2) For the purposes of this paragraph, ofcers- (a) includes the members of the board, by whatever name called, carrying out or empowered to carry out functions relating to the overall direction and management of a bank or nancial institution described in subparagraph (1)(b), other than members who are members of the public service for whom the Public Service Commission is the responsible Commission under the Act; and (b) does not include members of the board of directors of the Central Bank of Kenya.

part IIrequIrementS 4.

(1) A public ofcer shall comply with all the requirements of the Compliance with General Code of Conduct and Ethics set out in Part III of the Act.

General Code.

www.kenyalaw.org 158 CAP.

183 The Public Ofcer Ethics Act [Rev.

2009 [Subsidiary] (2) The General Code of Conduct and Ethics set out in Part III of the Act is set out in the Appendix to this Code and shall form part of this Code.

Other rules of shall- 5.

Without prejudice to the generality of paragraph 4, a public ofcer conduct.

(a) be patriotic and loyal to Kenya and at all times conduct himself in a manner that promotes the image and interest of the country; (b) Conduct himself with honesty and integrity and act with care and diligence; (c) use the resources of the nation conscientiously; (d) respect and observe the law of the land and cooperate with all lawful agencies in the maintenance of law and order; (e) treat all persons with respect and courtesy; (f) promote gender equality and respect for the rights and freedoms of others; (g) preserve and protect the environment and national heritage; (h) conduct himself in a manner that upholds the letter and spirit of the values and the integrity and good reputation of the banking industry; (i) while on duty overseas, conduct himself in a manner that promotes the good image of Kenya; and (j) comply with any other requirements of conduct prescribed by the Commission from time to time.

APPENDIX (Paragraph 4 (2)) PART IIIGENERAL CODE OF CONDUCT AND ETHICS Part sets out general 7.

This Part sets out a general Code of Conduct and Ethics for public Code.

ofcers.

Performance of duties, general.

A public ofcer shall, to the best of his ability, carry out his duties and ensure that the services that he provides are provided efciently and honestly.

Professionalism.

A public ofcer shall- (a) carry out his duties in a way that maintains public condence in the integrity of his ofce; www.kenyalaw.org The Public Ofcer Ethics Act CAP.

183 159 Rev.

2009] (b) treat the public and his fellow public ofcers with courtesy and [Subsidiary] respect; (c) to the extent appropriate to his ofce, seek to improve the standards of performance and level of professionalism in his organisation; (d) if a member of a professional body, observe the ethical and professional requirements of that body; (e) observe ofcial working hours and not be absent without proper authorization or reasonable cause; (f) maintain an appropriate standard of dress and personal hygiene; and (g) discharge any professional responsibilities in a professional manner.

Rule of law.

10.

(1) A public ofcer shall carry out his duties in accordance with the law.

(2) In carrying out his duties, a public ofcer shall not violate the rights and freedoms of any person under Part V of the Constitution.

No improper 11.

(1) A public ofcer shall not use his ofce to improperly enrich enrichment.

himself or others.

(2) Without limiting the generality of subsection (1), a public ofcer shall not- (a) except as allowed under subsection (3) or (4), accept or request gifts or favours from a person who- (i) has an interest that may be affected by the carrying out, of the public ofcers duties; (ii) carries on regulated activities with respect to which the public ofcers organisation has a role; or (iii) has a contractual or similar relationship with the public of- cers organisation; (b) improperly use his ofce to acquire land or other property for himself or another person, whether or not the land or property is paid for; or (c) for the personal benet of himself or another, use or allow the use of information that is acquired in connection with the public ofcers duties and that is not public.

(3) A public ofcer may accept a gift given to him in his ofcial capacity www.kenyalaw.org 160 CAP.

183 The Public Ofcer Ethics Act [Rev.

2009 [Subsidiary] but, unless the gift is a non-monetary gift that does not exceed the value prescribed by regulation, such a gift shall be deemed to be a gift to the public ofcers organisation.

(4) Subsection (2)(a) does not prevent a public ofcer from accepting a gift from a relative or friend given on a special occasion recognized by custom.

(5) Subsection (2)(c) does not apply to the use of information for educational or literary purposes, research purposes or other similar purposes.

Conict of interest.

12.

(1) A public ofcer shall use his best efforts to avoid being in a position in which his personal interests conict with his ofcial duties.

(3) A public ofcer whose personal interests conict with his ofcial duties shall- (a) declare the personal interests to his superior or other appropriate body and comply with any directions to avoid conict; and (b) refrain from participating in any deliberations with respect to the matter.

(4) Notwithstanding any directions to the contrary under subsection (3) (a), a public ofcer shall not award a contract, or inuence the award of a contract, to- (a) himself; (b) a spouse or relative; (c) a business associate; (d) a corporation, partnership or other body in which the ofcer has an interest.

(5) The regulations may govern when the personal interests of a public ofcer conict with his ofcial duties for the purposes of this section.

(6) In this section, personal interest includes the interest of a spouse, relative or business associate.

Collections and 13.

(1) A public ofcer shall not- harambees.

(a) use his ofce or place of work as a venue for soliciting or collecting harambees; or www.kenyalaw.org The Public Ofcer Ethics Act CAP.

183 161 Rev.

2009] [Subsidiary] (b) either as a collector or promoter of a public collection, obtain money or other property from a person by using his ofcial position in any way to exert pressure.

(2) In this section, collection, collector and promoter have the Cap.

106 same meanings as in section 2 of the Public Collections Act.

Acting for foreigners.

14.

(1) No public ofcer shall, in a manner that may be detrimental to the security interests of Kenya, be an agent for, or further the interests of, a foreign government, organisation or individual.

Care of property.

15.

(1) A public ofcer shall take all reasonable steps to ensure that property that is entrusted to his care is adequately protected and not misused or misappropriated.

(2) A person who contravenes subsection (1) shall be personally liable for losses resulting from the contravention.

Political neutrality.

16.

(2) A public ofcer shall not engage in political activity that may compromise or be seen to compromise the political neutrality of his ofce.

(3) This section does not apply to a member of the National Assembly or a councillor of a local authority.

Nepotism, etc.

17.

A public ofcer shall not practice nepotism or favouritism.

Giving of advice.

18.

A public ofcer who has a duty or give advice shall give honest and impartial advice without fear or favour.

Misleading the 19.

A public ofcer shall not knowingly give false or misleading public, etc.

information to members of the public or to any other public ofcer.

www.kenyalaw.org 162 CAP.

183 The Public Ofcer Ethics Act [Rev.

2009 [Subsidiary] Conduct of private 20.

(1) A public ofcer shall conduct his private affairs in a way that affairs.

maintains public condence in the integrity of his ofce.

(2) A public ofcer shall not evade taxes.

(3) A public ofcer shall not neglect his nancial obligations or neglect to settle them.

Sexual harassment.

21.

(1) A public ofcer shall not sexually harass a member of the public or a fellow public ofcer.

(2) In subsection (1), sexually harass includes doing any of the following, if the person doing it knows or ought to know that it is unwelcome- (a) making a request or exerting pressure for sexual activity or favours; (b) making intentional or careless physical contact that is sexual in nature; and (c) making gestures, noises, jokes or comments including innuendos, regarding another persons sexuality.

Selection, etc.

of 22.

A public ofcer shall practice and promote the principle that public ofcers should be- public ofcers.

(a) selected on the basis of integrity, competence and suitability; or (b) elected in fair elections.

Submitting of 23.

A public ofcer shall submit any declaration or clarication required declarations, etc.

under Part IV to be submitted or made by him.

Acting through 24.

(1) A public ofcer contravenes the Code of Conduct and Ethics if- others.

(2) Subsection (1)(b) does not apply with respect to anything done without the public ofcers knowledge or consent if the public ofcer took reasonable steps to prevent it.

Reporting improper 25.

If a public ofcer considers that anything required of him is a orders.

contravention of the Code of Conduct and Ethics or is otherwise improper or unethical, he shall report the matter to an appropriate authority.

www.kenyalaw.org The Public Ofcer Ethics Act CAP.

183 163 Rev.

2009] [Subsidiary] THE CENTRAL BANK OF KENYA PROCEDURES FOR THE L.N.

169/2003.

ADMINISTRATION OF PART IV OF THE ACT 1.

These procedures may be cited as the Central Bank of Kenya Citation.

Procedures for the Administration of Part IV of the Act.

In these procedures, unless the context otherwise requires- Interpretation.

administration ofcer means the Secretary of the board of Directors of the Central bank of Kenya; Commission means the Board of Directors of the Central Bank of Kenya.

These procedures are for the administration of Part IV of the Act Scope of procedures.

with respect to the public ofcers for whom the Commission is the responsible Commission under the Act.

The administration ofcer shall be responsible for the administration Administration of Part IV of the Act by the Commission.

ofcer.

Declarations to be submitted to the Commission under Part IV of the To whom Act shall be submitted to the administration ofcer.

declarations submitted.

Requests for clarications under section 28 of the Act shall be made, Who may make on behalf of the Commission, by the administration ofcer or by staff of the requests for Commission authorized in writing by him for that purpose.

clarications.

(1) The administration ofcer, or staff of the Commission authorized Review of by him for the purpose, shall review each declaration to ascertain if, in the declaration, etc.

opinion of the administration ofcer or staff, any of the following conditions are satised- (a) on the face of the declaration, or in light of any other information the Commission may have, there is reason to suspect the declaration may be false or incomplete; (b) the assets of the person who submitted the declaration are disproportionate to his income; or (c) the income, assets or liabilities of the person who submitted the declaration raise concerns of impropriety or conict of interest.

(2) If it is ascertained that any of the conditions in subparagraph (1) are satised, the person who submitted the declaration shall be given an opportunity to give an explanation.

(3) If, after considering any explanation the person who submitted the declaration may give, the administration ofcer is of the opinion that any of www.kenyalaw.org 164 CAP.

183 The Public Ofcer Ethics Act [Rev.

2009 [Subsidiary] the conditions in subparagraph (1) are still satised, the administration ofcer shall bring the matter to the attention of the Commission.

Authorization of staff under s.

30 (4)(a).

The Commission or the administration ofcer may authorize staff of the Commission for the purposes of section 30 (4)(a) of the Act.

(2) An authorization under subparagraph (1) shall be in writing.

Condition for certain 9.

Except as provided under paragraph 7 (4), information shall not be disclosures to police, disclosed, under section 30 (4)(b) of the Act, to the police or any other law etc.

enforcement agency unless a written request is provided.

Condition for 10.

Information shall not be disclosed, under section 30 (4)(d) of the disclosures to Act, to a representative of the person who provided the information unless the representatives.

representative provides copies of documents that establish the representatives authority to receive the information.

Administration 11.

The administration ofcer shall ensure that failures by public ofcers ofcer to report non- to comply with the requirements of Part IV of the Act are brought to the attention compliance.

of the Commission.

Application where 12.

The following shall apply with respect to the application of these powers, etc.

procedures by a person to whom the powers and functions of the Commission delegated.

under Part IV of the Act have been delegated under section 4 of the Act:- (a) a reference to administration ofcer shall be deemed to be a reference to the person to whom the powers and functions have been delegated; (b) a reference to staff of the Commission shall be deemed to be a reference to staff under the authority of the person to whom the powers and functions have been delegated; (c) the person to whom the powers and functions have been delegated is not required to bring matters to the attention of the Commission under paragraph 7(3) and may do anything that the Commission may do under paragraph 7(4); (d) the person to whom the powers and functions have been delegated is not required to ensure that failures to comply with Part IV of the Act are brought to the attention of the Commission under paragraph 11 but may, instead, take such action as the person considers appropriate.

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183 165 Rev.

2009] [Subsidiary] THE CODE OF CONDUCT AND ETHICS FOR PUBLIC L.N.

170/2003.

UNIVERSITIES ARRANGEMENT OF CODE Preamble.

part IprelImInary 1Citation.

2Interpretation.

3Application of Code.

part IIrequIrementS 4Compliance with General Code.

5Integrity and impartiality.

6Teaching and conduct of examinations.

7Professionalism and courtesy.

8Management of resources.

9Gifts and donations.

10Private interests.

11Conduct of private affairs.

12Contesting of political ofce.

13Duty of disclosure.

14Action for breach of Code.

AppendixGeneral Code of Conduct and Ethics.

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183 The Public Ofcer Ethics Act [Rev.

2009 [Subsidiary] THE CODE OF CONDUCT AND ETHICS FOR PUBLIC UNIVERSITIES Preamble.

The Education System of the Republic of Kenya is charged with the responsibility of nurturing the growth of the whole person through integrated development of physical, intellectual, moral and spiritual attributes and abilities.

The human resource in the public universities is crucial for the development of the universities and the realization of their mission.

This human resource is expected to exhibit a high degree of maturity, integrity, trustworthiness, responsibility and accountability.

This Code contains general rules of conduct and ethics to be observed by members, ofcers and employees of the public universities so as to maintain the integrity, dignity, and nobility of university education.

This Code is not intended to replace the terms and conditions of service of individual members, ofcers and employees, and is to be applied consistently with the Constitution, the Universities Act and other legislation.

Members, ofcers and employees should adhere to this Code both in their public and private lives so as not to bring ridicule and dishonour to the universities.

part IprelImInary Citation.

This Code may be cited as the Code of Conduct and Ethics for Public Universities.

Interpretation.

In this Code, unless the context otherwise requires- chief executive means the Vice-Chancellor or equivalent ofcer of a university; Commission means the Commission for Higher Education; ofcer means a person to whom this Code applies, as provided by paragraph 3; public university or university means a public university within the Cap.

210B.

meaning of the Universities Act; student means a person enrolled as a learner in a university education institution.

Application of Code.

This Code applies to ofcers and employees of a public university, including the members of a council of a public university, other than members who are members of the public service for whom the Public Service Commission is the responsible commission under the Act.

www.kenyalaw.org The Public Ofcer Ethics Act CAP.

183 167 Rev.

2009] [Subsidiary] part IIrequIrementS 4.

(1) An ofcer shall comply with all the requirements of the General Compliance with Code of Conduct and Ethics set out in Part III of the Act.

General Code.

(2) The General Code of Conduct and Ethics set out in Part III of the Act is set out in the Appendix to this Code and shall form part of this Code.

(1) An ofcer shall conduct himself in a manner that promotes the Integrity and universally recognized rights and freedoms of persons in order to protect the impartiality.

dignity of a person that a public university seeks to service.

(2) An ofcer shall at all times uphold the dignity of the university by conducting his ofcial duties and his private affairs with integrity and in a dignied, honest and impeccable manner.

(3) An ofcer shall respect, protect and promote the human rights and freedoms of everybody in the university without discrimination on the basis of race, ethnicity, sex, political opinion, disability, religion or culture.

(4) An ofcer shall at all times be guided by merit and sound judgement in giving any services or granting opportunities to persons who seek such services or opportunities from the universities.

(5) An ofcer shall participate in enhancing, maintaining and enjoying the provisions of this Code.

(6) An ofcer shall respect, promote and comply with the rule of law.

(1) An ofcer who is a member of the academic staff of a university Teaching and shall organize his instruction, assessment and examination in a manner that conduct of complies with all institutional requirements and expectations.

examinations.

(2) An ofcer who is a member of the academic staff of a university shall ensure that the examinations are delivered to the students as scheduled and that the result thereof is processed without undue delay.

(3) An ofcer shall exercise diligence, care and attention in the performance of his duties, and shall seek to achieve high standards in teaching or administrative duties.

(4) An ofcer shall promote the culture of research among university students, and shall assist in the overall development of the student as a scholar and a decent human being.

(5) An ofcer who is involved in the conduct of examinations shall ensure that the contents of the examination papers are kept secret and are only released to students when they are sitting for the particular examination.

(6) For the purposes of subparagraph (5), an ofcer is involved in the conduct of examinations if his duties relate to- www.kenyalaw.org 168 CAP.

183 The Public Ofcer Ethics Act [Rev.

2009 [Subsidiary] (a) setting or moderating of the examination; (b) typing, printing, photocopying, or otherwise producing or reproducing the examination papers; (c) transporting examination papers; (d) invigilation at the examination; (e) marking or entering of grades attained, or if his duties otherwise give him access to examination papers or their contents.

(7) An ofcer whose duties involve the grading or assessment of examination performances shall at all times be guided by the rule of merit in grading or assessing the examination candidates.

Professionalism and 7.

(1) An ofcer shall strictly adhere to the terms of his employment courtesy.

contract.

(2) Breach of his employment contract shall be deemed to be a breach of this Code.

(3) An ofcer shall comport himself with personal decency and shall be well groomed.

cause.(4) An ofcer shall not absent himself from duty without a reasonable (5) An ofcer shall actively and personally promote a culture in the university that aims at providing fast, friendly, responsive and efcient services and shall be courteous to all persons in the provisions of such services.

Management of 8.

(1) An ofcer shall not misuse the resources of a public university.

resources.

(2) An ofcer shall ensure that public university resources under his charge are properly utilized and fully accounted for.

(3) An ofcer shall not use public university resources to unjustly enrich himself.

(4) An ofcer who is utilizing public university resources to conduct research shall disclose this fact to the chief executive of the university and his activities shall be governed by such agreement as may be made between himself and the university.

(5) An ofcer shall observe the principles of the law governing intellectual property, copyright and other related matters in order to promote the culture of research and to uphold the integrity and academic freedom that members and students of public universities enjoy.

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183 169 Rev.

2009] [Subsidiary] (6) For the purposes of this paragraph, the universitys resources includes- (a) physical facilities including the buildings, recreational facilities, infrastructure and all moveable and immoveable assets of the university; (b) university funds, however obtained, including funds received from students as tuition or accommodation fees, any donations, contributions or gifts, and any funds otherwise obtained for use for university education; (c) furniture, equipment, apparatus, stationery and research materials, whether living or dead; and (d) motor vehicles and transport facilities provided for the purposes of university education.

(1) An ofcer shall not solicit for any property or benet of any kind, Gifts and donations.

for himself or for any person, on account of anything to be done or omitted by him in discharge of his duties or by virtue of his ofcial position.

(2) An ofcer shall ensure that no members of his family solicits or accepts any gift, money, hospitality, free passage or favours from any person or organisation that might reasonably be thought to inuence or be intended to inuence the ofcer in discharging his ofcial duties and responsibilities.

(3) A reference in this paragraph to members of the ofcers family is a reference to any spouse, child, grandchild, parent, grandparent or other relative of the ofcer, and to any other person with whom the ofcer maintains a close relationship.

(4) Where a gift is given without the ofcers knowledge or where refusal of a gift would be offensive to custom or might amount to bad public relations, the ofcer shall inform the chief executive of the university who shall decide how the gift is to be disposed of.

(5) Notwithstanding any other provision of this Code, but subject to the General Code of Conduct and Ethics set out in the Appendix, an ofcer may- (a) accept gifts which are occasional and inexpensive or in the form of a souvenir or gifts whose value does not exceed twenty thousand shillings; and (b) accept personal gifts or donations from relatives or friends on such special occasions as may be recognized by custom.

(6) When any gifts or donation is made for the development of the university, the ofcer together with the university management shall- (a) in writing disclose to the chief executive of the university the nature www.kenyalaw.org 170 CAP.

183 The Public Ofcer Ethics Act [Rev.

2009 [Subsidiary] of the gift or donation; (b) in writing inform the chief executive of the university as to how the management intends to utilize the gift or donation; and (c) receipt the gift or donation and fully account for its use.

(7) This rule does not prohibit an ofcer from participating in social activities and accepting gifts during such occasions if the ofcer is participating in such activities in his personal or private capacity.

Private interests.

10.

An ofcer- (a) shall ensure that he does not subordinate his ofcial duties to his private interests or put himself in a position where there is conict between his ofcial duties and his private interests; (b) shall not associate outside his ofcial duties with any nancial or other activities in circumstances where there could be suspicion that his ofcial position or ofcial information available to him was being turned to his private gain or that of his associates; (c) shall not engage in any occupation or business which might prejudice his status as an ofcer or bring his ofce or university education into dispute; and (d) shall not in any way trade with his employer or allow his spouse or relatives to do so, or trade with any other institution where he is likely to have an advantage by virtue of his ofce.

Conduct of private 11.

(1) An ofcer shall conduct his private affairs in a way that maintains affairs.

and enhances public condence in the integrity of the university.

(2) An ofcer shall not neglect his nancial and other obligations to his family and other persons or organisations.

(3) An ofcer shall prudently manage his nances to avoid nancial embarrassment to himself and his employer.

(4) An ofcer shall be a role model to his students, colleagues and other people around him and shall therefore refrain from engaging in activities that undermine this role or bring the university into disrepute.

Contesting political 12.

An ofcer who wishes to contest a seat in the National Assembly or a Local Authority or any other political ofce shall be required to resign his ofce.

ofce in the university.

Duty of disclosure.

13.

(1) An ofcer is under a duty to disclose to the Secretary to the Commission or to the chief executive of the university any violation of the General Code of Conduct and Ethics as set out in the Appendix hereto or of the provisions of this Code, and in particular- www.kenyalaw.org The Public Ofcer Ethics Act CAP.

183 171 Rev.

2009] [Subsidiary] (a) where an ofcer is charged with a serious offence under the Penal Cap.

63.

Code or any other law where a prison sentence may be imposed other than in default of payments of a ne; (b) where an ofcer is declared bankrupt by a court of law; (c) where there has been sexual harassment of an ofcer by another ofcer, or of a student by an ofcer; (d) where there has been neglect of duty; (e) where there has been absenteeism at the place of work; (f) where there has been an act of fraud of collusion to defraud; (g) where examination irregularities have occurred; or (h) where there has been any other breach of the Code or the terms and conditions of service by an ofcer.

(2) For the purposes of subparagraph (1)(a), reports shall not be required in respect of proceedings for minor offences under the trafc laws, the local government by-laws, or the like.

14.

(1) When an ofcer has committed a breach of this Code, appropriate Condition for breach action will be taken in accordance with the provisions of the Act and other laws, of Code.

and the terms and conditions of service of the ofcer.

(2) The Commission shall work closely with the governing council of the respective universities, or such other bodies as the Commission may from time to time identify, to enforce this Code.

APPENDIX (Paragraph 4 (2)) PART IIIGENERAL CODE OF CONDUCT AND ETHICS 7.

This Part sets out a general Code of Conduct and Ethics for public Part sets out general ofcers.

Code.

A public ofcer shall, to the best of his ability, carry out his duties Performance of and ensure that the services that he provides are provided efciently and duties, general.

honestly.

Professionalism.

183 The Public Ofcer Ethics Act [Rev.

2009 [Subsidiary] respect; (c) to the extent appropriate to his ofce, seek to improve the standards of performance and level of professionalism in his organization; (d) if a member of a professional body, observe the ethical and professional requirements of that body; (e) observe ofcial working hours and not be absent without proper authorization or reasonable cause; (f) maintain an appropriate standard of dress and personal hygiene; and (g) discharge any professional responsibilities in a professional manner.

Rule of law.

10.

(1) A public ofcer shall carry out his duties in accordance with the law.

(2) In carrying out his duties, a public ofcer shall not violate the rights and freedoms of any person under Part V of the Constitution.

No improper 11.

(1) A public ofcer shall not use his ofce to improperly enrich enrichment.

himself or others.

(2) Without limiting the generality of subsection (1), a public ofcer shall not- (a) except as allowed under subsection (3) or (4), accept or request gifts or favours from a person who- (i) has an interest that may be affected by the carrying out, or not carrying out, of the public ofcers duties; (ii) carries on regulated activities with respect to which the public ofcers organisation has a role; or (iii) has a contractual or similar relationship with the public of- cers organisation; (b) improperly use his ofcer to acquire land or other property for himself or another person, whether or not the land or property is paid for; or (c) for the personal benet of himself or another, use or allow the use of information that is acquired in connection with the public ofcers duties and that is not public.

(3) A public ofcer may accept may accept a gift given to him in his ofcial capacity but, unless the gift is a non-monetary gift that does not exceed www.kenyalaw.org The Public Ofcer Ethics Act CAP.

183 173 Rev.

2009] the value prescribed by regulation, such a gift shall be deemed to be a gift to [Subsidiary] the public ofcers organisation.

(4) Subsection (2)(a) does not prevent a public ofcer from accepting a gift from a relative or friend given on a special occasion recognized by custom.

(5) Subsection (2) (c) does not apply to the use of information for educational or literary purposes, research purposes or other similar purposes.

Conict of interest.

12.

(1) A public ofcer shall use his best efforts to avoid being in a position in which his personal interests conict with his ofcial duties.

(4) Notwithstanding any directions to the contrary under subsection (3) (a), a public ofcer shall not award a contract, or inuence the award of a contract, to- (a) himself; (b) a spouse or relative; (c) a business associate; (d) a corporation, partnership or other body in which the ofcer has an interest.

(5) The regulations may govern when the personal interests of a public ofcer conict with his ofcial duties for the purposes of this section.

(6) In this section, personal interest includes the interest of a spouse, relative or business associate.

Collections and 13.

(1) A public ofcer shall not- harambees.

(a) use his ofce or place of work as a venue for soliciting or collecting harambees; or www.kenyalaw.org 174 CAP.

183 The Public Ofcer Ethics Act [Rev.

2009 [Subsidiary] (b) either as a collector or promoter of a public collection, obtain money or other property from a person by using his ofcial position in any way to exert pressure.

Cap.

106.

(2) In this section, collection, collector and promoter have the same meanings as in section 2 of the Public Collections Act.

Acting for foreigners.

14.

(1) No public ofcer shall, in a manner that may be detrimental to the security interests of Kenya, be an agent for, or further the interests of, a foreign government, organization or individual.

Care of property.

15.

(1) A public ofcer shall take all reasonable steps to ensure that property that is entrusted to his care is adequately protected and not misused or misappropriated.

(2) A person who contravenes subsection (1) shall be personally liable for losses resulting from the contravention.

Political neutrality.

16.

(2) A public ofcer shall not engage in political activity that may compromise or be seen to compromise the political neutrality of his ofce.

(3) This section does not apply to a member of the National Assembly or a councillor of a local authority.

Nepotism, etc.

17.

A public ofcer shall not practice nepotism or favouritism.

Giving of advice.

18.

A public ofcer who has a duty or give advice shall give honest and impartial advice without fear or favour.

Misleading the 19.

A public ofcer shall not knowingly give false or misleading public, etc.

information to members of the public or to any other public ofcer.

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183 175 Rev.

2009] [Subsidiary] 20.

(1) A public ofcer shall conduct his private affairs in a way that Conduct of private maintains public condence in the integrity of his ofce.

affairs.

(2) A public ofcer shall not evade taxes.

(3) A public ofcer shall not neglect his nancial obligations or neglect to settle them.

21.

(1) A public ofcer shall not sexually harass a member of the public Sexual harassment.

or a fellow public ofcer.

(2) In subsection (1), sexually includes doing any of the following, if the person doing it knows or ought to know that it is unwelcome (a) making a request or exerting pressure for sexual activity or favours; (b) making intentional or careless physical contact that is sexual in nature; and (c) making gestures, noises, jokes or comments, including innuendos, regarding another persons sexuality.

22.

A public ofcer shall practice and promote the principle that public Selection, etc.

of ofcers should be- public ofcer.

(a) selected on the basis of integrity, competence and suitability; or (b) elected in fair elections.

23.

A public ofcer shall submit any declaration or clarication required Submitting of under Part IV to be submitted or made by him.

declarations, etc.

24.

(1) A public ofcer contravenes the Code of Conduct and Ethics if- Acting through (a) he causes anything to be done through another person that would, if others.

(2) Subsection (1)(b) does not apply with respect to anything done without the public ofcers knowledge or consent if the public ofcer took reasonable steps to prevent it.

25.

If a public ofcer considers that anything required of him is a Reporting improper contravention of the Code of Conduct and Ethics or is otherwise improper or orders.

unethical, he shall report the matter to an appropriate authority.

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183 The Public Ofcer Ethics Act [Rev.

2009 [Subsidiary] L.N.

171/2003.

THE PUBLIC UNIVERSITIES PROCEDURES FOR THE ADMINISTRATION OF PART IV OF THE ACT Citation.

These procedures may be cited as the Public Universities Procedures for the Administration of Part IV of the Act.

Interpretation.

In these procedures, unless the context otherwise requires- administration ofcer means the Secretary to the Commission; Commission means the Commission for Higher Education.

Scope of procedures.

These procedures are for the administration of Part IV of the Act with respect to the public ofcers for whom the Commission is the responsible Commission under the Act.

Administration 4.

The administration ofcer shall be responsible for the administration of Part IV of the Act by the Commission.

ofcer.

To whom 5.

(1) Declarations to be submitted to the Commission under Part IV declarations of the Act shall be submitted to the person appointed by the Commission in submitted.

writing for that purpose who shall be responsible to the administration ofcer and shall, within the time appointed by the Commission (or, in the event that no time is specied, within a reasonable time) forward the forms to the administration ofcer.

(2) The person appointed under subparagraph (1) shall keep the information collected in condence and shall not disclose the information to any other person apart from the administration ofcer.

Who may make 6.

clarications.

Review of 7.

(1) The administration ofcer, or staff of the Commission authorized declarations, etc.

(2) If it is ascertained that any of the conditions in subparagraph (1), are satised, the person who submitted the declaration shall be given an opportunity www.kenyalaw.org The Public Ofcer Ethics Act CAP.

183 177 Rev.

2009] to give an explanation.

[Subsidiary] (3) If, after considering any explanation the person who submitted the declaration may give, the administration ofcer is of the opinion that any of the conditions in subparagraph (1) are still satised, the administration ofcer shall bring the matter to the attention of the Commission.

Authorization of staff 8.

(1) The Commission or the administration ofcer may authorize staff under s.

30 (4) (a).

of the Commission for the purposes of section 30(4) (a) of the Act.

(2) An authorization under subparagraph (1) shall be in writing.

Except as provided under paragraph 7(4), information shall not be Condition for certain disclosed, under section 30(4) (b) of the Act, to the police or any other law disclosures to police, enforcement agency unless a written request is provided.

etc.

10.

Information shall not be disclosed, under section 30 (4) (d) of the Condition for Act, to a representative of the person who provided the information unless the disclosures to representatives.

representative provides copies of documents that establish the representatives authority to receive the information.

Administration 11.

The administration ofcer shall ensure that failures by public ofcers to comply with the requirements of Part IV of the Act are brought to the attention ofcer to report non- of the Commission.

compliance.

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183 The Public Ofcer Ethics Act [Rev.

2009 [Subsidiary] L.N.

172/2003.

THE CO-OPERATIVE SOCIETIES CODE OF CONDUCT AND ETHICS ARRANGEMENT OF CODE Preamble.

part IprelImInary 1Citation.

2Interpretation.

3Application of Code.

part IIrequIrementS 4Compliance with General Code.

5Integrity and impartiality.

6Political afliation.

7Comments.

8Responsibility to organisation.

9Efciency.

10Canvassing for favours.

11Harambees.

12Conict of interests.

13Gifts, etc.

14Conduct of private affairs.

15Safeguarding of information.

16Appropriate authority for reporting 17Breach of Code.

AppendixGeneral Code of Conduct and Ethics.

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183 179 Rev.

2009] [Subsidiary] THE CO-OPERATIVE SOCIETIES CODE OF CONDUCT AND ETHICS The Co-operative movement in Kenya plays a major role in the socio- Preamble.

economic development of the people.

By denition, a co-operative society is an autonomous association of persons united voluntarily to meet their common economic, social and cultural needs and aspirations through a jointly-owned and democratically-controlled enterprise.

A co-operative society is based on the ethical values of self-help, self-responsibility, democracy, equality, equity and solidarity founded on the philosophy of All for one and one for all.

The management of co-operative societies is vested in the duly elected committees and ofcers who are expected to perform their duties prudently and diligently on behalf of the members to whom they stand accountable and responsible.

This Code is intended to establish standards of ethical conduct and behaviour for co-operative society ofcers, members, members of the management committee and of the supervisory committee.

This Code contains general rules of conduct and ethics to be observed by the said ofcers and members so as to maintain integrity and impartiality in the co-operative movement.

Ofcers and members should adhere to this Code in both their public and private lives so as not to bring the committee and the co-operative society into disrepute and dishonour.

It is imperative, therefore, that every ofcer should observe this Code with scrupulous care and diligence.

part IprelImInary 1.

This Code may be cited as the Co-operative Societies Code of Conduct Citation.

and Ethics.

In this Code, unless the context otherwise requires- Interpretation.

Commission means the Ethics Commission for Co-operative Societies established under the Public Ofcer Ethics Regulations, 2003; ofcer means an ofcer or employee to whom this Code applies under paragraph 3 of this Code.

(1) This Code applies to all ofcers and employees of co-operative Application of Code.

societies.

(2) For the purposes of this paragraph, ofcer includes any committee member, member of a supervisory committee or other person concerned in the Cap.

488.

management of a co-operative society.

part IIrequIrementS 4.

(1) An ofcer shall comply with all the requirements of the General Compliance with Code of Conduct and Ethics set out in Part III of the Act.

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183 The Public Ofcer Ethics Act [Rev.

2009 [Subsidiary] General Code.

(2) The General Code of Conduct and Ethics set out in Part III of the Act is set out in the Appendix to this Code and shall form part of this Code.

Integrity and 5.

Regardless of his political opinions, an ofcer shall serve with courtesy, impartiality.

honesty, integrity, probity and objectivity.

An ofcer is entitled to his own views on political matters but shall Political afliation.

not be permitted, in the course of the performance of his duties, to express those views publicly or seek to inuence his colleagues or those who seek his services to subscribe to his political beliefs.

Comments.

An ofcer shall not- (a) make public comments that support or criticize a political party; (b) make public comments that may compromise, or may reasonably be seen to compromise, the political neutrality of his ofce; (c) except in furtherance of ofcial duties, publicly comment on matters in relation to which he has been professionally involved; or (d) expressly or by implication, represent that any public comments he makes reect the views or opinions of his organization if that is not the case.

Responsibility to organization.

An ofcer shall ensure that he carries out his duties in a way that is consistent with his being part of his organization.

An ofcer shall perform his duties with diligence, prudence and Efciency.

efciency.

Canvassing for favours.

10.

An ofcer shall not canvass either directly or indirectly for any favours in the committee or in the organization.

Harambees.

11.

(1) An ofcer may contribute towards or attend a harambee but shall not- (a) conduct himself in such a way as to reect adversely on his integrity or impartiality or to interfere with his ofcial duties; or (b) play a central role in its organization or preside over it or be its guest of honour.

(2) The Controller and Auditor-General shall not use his ofcer to solicit for funds for a harambee or any other purpose.

Conict of interests.

12.

An ofcer is required to observe the following requirements in relation to his private interests- (a) he shall ensure that he does not subordinate his ofcial duties to his www.kenyalaw.org The Public Ofcer Ethics Act CAP.

183 181 Rev.

2009] [Subsidiary] private interests or put himself in a position where there is conict between his ofcial duties and his private interests; (b) he shall not associate outside his ofcial duties with any nancial or other activities in circumstances where there could be suspicion that his ofcial position or ofcial information available to him was being turned to his private gain or that of his associates; (c) he shall not to engage in any occupation or business which might prejudice his status as an ofcer or bring the co-operative society into dispute; (d) he shall maintain at all times the ethical standards which the public expects of him in transacting ofcial business which efciency, integrity and impartiality.

13.

(1) An ofcer shall neither ask for or accept any property or benet Gifts, etc.

of any kind for himself or for any person, on account of anything to be done, or omitted to be done by him in the discharge of his duties by virtue of his ofcial position.

(2) An ofcer who is given a gift described in section 11 (2) of the Act shall, even where the gift is not deemed, by the operation of Part III of the Act, to be a gift to the organization- (a) report the matter to the person who is, in accordance with the administrative procedures of the Commission, the authorized ofcer, who shall direct the appropriate mode of disposal of the gift; and (b) comply with any such direction.

(3) A gift referred to in section 11(4) of the Act shall not be accepted by an ofcer on the premises of the organization.

14.

(1) An ofcer shall not neglect his nancial and other obligations to Conduct of private his family and other persons or organisations.

affairs.

(2) An ofcer shall live within his means and avoid incurring any nancial liability that he cannot satisfy.

(3) An ofcer shall manage his nances prudently to avoid nancial embarrassment to himself or his employer.

(4) An ofcer shall be a role model to his colleagues and other people around him and shall therefore refrain from activities that may bring the committee into disrepute.

hours.(5) An ofcer shall not engage in private business during ofcial working www.kenyalaw.org 182 CAP.

183 The Public Ofcer Ethics Act [Rev.

2009 [Subsidiary] Safeguarding of 15.

An ofcer shall ensure that condential or secret in formation or information.

documents entrusted to his care are adequately protected from improper or inadvertent disclosure.

Appropriate authority 16.

For the purposes of section 25 of the General Code of Conduct and for reporting.

Ethics set out in the Appendix to this Code, the appropriate authority to whom an ofcer shall report a matter under that section is the Administrator of the Commission.

Breach of Code.

17.

Where an ofcer has committed a breach of this Code, appropriate action will be taken in accordance with the Act and other applicable laws.

APPENDIX (Paragraph 4 (2)) PART IIIGENERAL CODE OF CONDUCT AND ETHICS Part sets out general 7.

This Part sets out a general Code of Conduct and Ethics for public Code.

ofcers.

Performance of 8.

A public ofcer shall, to the best of his ability, carry out his duties duties, general.

and ensure that the services that he provides are provided efciently and honestly.

Professionalism.

A public ofcer shall- (a) carry out his duties in a way that maintains public condence in the integrity of his ofce; (b) treat the public and his fellow public ofcers with courtesy and respect; (c) to the extent appropriate to his ofce, seek to improve the standards of performance and level of professionalism in his organisation; (d) if a member of a professional body, observe the ethical and professional requirements of that body; (e) observe ofcial working hours and not be absent without proper authorization or reasonable cause; (f) maintain an appropriate standard of dress and personal hygiene; and (g) discharge any professional responsibilities in a professional manner.

Rule of law.

10.

(1) A public ofcer shall carry out his duties in accordance with the law.

(2) In carrying out his duties, a public ofcer shall not violate the rights and freedoms of any person under Part V of the Constitution.

www.kenyalaw.org The Public Ofcer Ethics Act CAP.

183 183 Rev.

2009] [Subsidiary] 11.

(1) A public ofcer shall not use his ofce to improperly enrich No improper himself or others.

enrichment.

(2) Without limiting the generality of subsection (1), a public ofcer shall not- (a) except as allowed under subsection (3) or (4), accept or request gifts or favours from a person who- (i) has an interest that may be affected by the carrying out, or not carrying out, of the public ofcers duties; (ii) carries on regulated activities with respect to which the public ofcers organisation has a role; or (iii) has a contractual or similar relationship with the public of- cers organisation; (b) improperly use his ofce to acquire land or other property for himself or another person, whether or not the land or property is paid for; or (c) for the personal benet of himself or another, use or allow the use of information that is acquired in connection with the public ofcers duties and that is not public.

(4) Subsection (2)(a) does not prevent a public ofcer from accepting a gift from a relative or friend given on a special occasion recognized by custom.

(5) Subsection (2)(c) does not apply to the use of information for educational or literary purposes, research purposes or other similar purposes.

12.

(1) A public ofcer shall use his best efforts to avoid being in a Conict of interest.

position in which his personal interests conict with his ofcial duties.

(3) A public ofcer whose personal interests conict with his ofcial duties shall- www.kenyalaw.org 184 CAP.

183 The Public Ofcer Ethics Act [Rev.

2009 [Subsidiary] (a) declare the personal interests to his superior or other appropriate body and comply with any directions to avoid the conict; and (b) refrain from participating in any deliberations with respect to the matter.

(4) Notwithstanding any directions to the contrary under subsection (3) (a), a public ofcer shall not award a contract, or inuence the award of a contract, to- (a) himself; (b) a spouse or relative; (c) a business associate; or (d) a corporation, partnership or other body in which the ofcer has an interest.

(5) The regulations may govern when the personal interests of a public ofcer conict with his ofcial duties for the purposes of this section.

(6) In this section, personal interest includes the interest of a spouse, relative or business associate.

Collections and 13.

(1) A public ofcer shall not- harambees.

Cap.

106.

(2) In this section, collection, collector and promoter have the same meanings as in section 2 of the Public Collections Act.

Acting for foreigners.

14.

(1) No public ofcer shall, in a manner that may be detrimental to the security interests of Kenya, be an agent for, or further the interests of, a foreign government, organisation or individual.

Care of property.

15.

(1) A public ofcer shall take all reasonable steps to ensure that property that is entrusted to his care is adequately protected and not misused www.kenyalaw.org The Public Ofcer Ethics Act CAP.

183 185 Rev.

2009] or misappropriated.

[Subsidiary] (2) A person who contravenes subsection (1) shall be personally liable for losses resulting from the contravention.

16.

(1) A public ofcer shall not, in or in connection with the performance Political neutrality.

of his duties as such- (a) act as an agent for, or so as to further the interest of, a political party; or (b) indicate support for or opposition to any political party or candidate in an election.

(2) A public ofcer shall not engage in political activity that may comprise or be seen to compromise the political neutrality of his ofce.

(3) This section does not apply to a member of the National Assembly or a councillor of a local authority.

17.

A public ofcer shall not practice nepotism or favouritism.

Nepotism, etc.

18.

A public ofcer who has a duty to give advice shall give honest and Giving of advice.

impartial advice without fear or favour.

19.

A public ofcer shall not knowingly give false or misleading Misleading the information to members of the public or to any other public ofcer.

public, etc.

20.

(1) A public ofcer shall conduct his private affairs in a way that Conduct of private maintains public condence in the integrity of his ofce.

affairs.

(2) A public ofcer shall not evade taxes.

(3) A public ofcer shall not neglect his nancial obligations or neglect to settle them.

21.

(1) A public ofcer shall not sexually harass a member of the public Sexual harassment.

or a fellow public ofcer.

22.

A public ofcer shall practice and promote the principle that public www.kenyalaw.org 186 CAP.

183 The Public Ofcer Ethics Act [Rev.

2009 [Subsidiary] Selection, etc.

of ofcers should be public ofcers.

(a) selected on the basis of integrity, competence and suitability; or (b) elected in fair elections.

Submitting of declarations, etc.

23.

A public ofcer shall submit any declaration or clarication required under Part IV to be submitted or made by him.

Acting through 24.

(1) A public ofcer contravenes the Code of Conduct and Ethics if- others.

(2) Subsection (1)(b) does not apply with respect to anything done without the public ofcers knowledge or consent if the public ofcer took reasonable steps to prevent it.

Reporting improper orders.

25.

www.kenyalaw.org The Public Ofcer Ethics Act CAP.

183 187 Rev.

2009] [Subsidiary] THE ETHICS COMMISSION FOR CO-OPERATIVE L.N.

173/2003.

SOCIETIES PROCEDURES FOR THE ADMINISTRATION OF PART IV OF THE ACT 1.

These procedures may be cited as the Ethics Commission for Co- Citation.

operative Societies Procedures for the Administration of Part IV of the Act.

In these procedures, unless the context otherwise requires- Interpretation.

administration ofcer means the Senior Deputy Commissioner for Co- operative Development, who shall be the secretary to the Commission; Commission means the Ethics Commission for Co-operative Societies established under the Public Ofcer Ethics Regulations, 2003.

These procedures are for the administration of Part IV of the Act Scope of procedures.

with respect to the public ofcers for whom the Commission is the responsible Commission under the Act.

The administration ofcer shall be responsible for the administration Administration of Part IV of the Act by the Commission.

ofcer.

Declarations to be submitted to the Commission under Part IV of the To whom Act shall be submitted to the administration ofcer.

declarations submitted.

clarications.

(1) The administration ofcer, or staff of the Commission authorized Review of by him for the purpose, shall review each declaration to ascertain if, in the declarations, etc.

(2) If it is ascertained that any of the conditions in subparagraph (1) are satised, the person who submitted the declaration shall be given an opportunity to give an explanation.

(3) If, after considering any explanation the person who submitted the declaration may give, the administration ofcer is of the opinion that any of www.kenyalaw.org 188 CAP.

183 The Public Ofcer Ethics Act [Rev.

2009 [Subsidiary] the conditions in subparagraph (1) are still satised, the administration ofcer shall bring the matter to the attention of the Commission.

Authorization of staff 8.

(1) The Commission or the administration ofcer may authorize staff under s.

30 (4)(a).

of the Commission for the purposes of section 30 (4)(a) of the Act.

(2) An authorization under subparagraph (1) shall be in writing.

Condition for certain 9.

Except as provided under paragraph 7(4), information shall not be disclosures to police, disclosed, under section 30 (4)(b) of the Act, to the police or any other law etc.

enforcement agency unless a written request is provided.

Condition for 10.

Information shall not be disclosed, under section 30 (4)(d) of the disclosures to Act, to a representative of the person who provided the information unless the representatives.

representative provides copies of documents that establish the representatives authority to receive the information.

Administration 11.

The administration ofcer shall ensure that failures by public ofcers to comply with the requirements of Part IV of the Act are brought to the attention ofcer to report non- of the Commission.

compliance.

Application where 12.

The following shall apply with respect to the application of these powers etc., procedures by a person to whom the powers and functions of the Commission delegated.

(c) the person to whom the powers and functions have been delegated is not required to bring matters to the attention of the Commission under paragraph 7(3) and may do anything that the Commission may do under paragraph 7(4); (d) the person to whom the powers and functions have been delegated is not required to ensure that failures to comply with Part IV of the Act are brought to the attention of the Commission under paragraph 11 but may, instead, take such action as the person considers appropriate.

www.kenyalaw.org The Public Ofcer Ethics Act CAP.

183 189 Rev.

2009] [Subsidiary] THE PUBLIC OFFICER ETHICS ACT L.N.

74/2005.

CAP.

183 THE CODE OF CONDUCT AND ETHICS FOR MEMBERS AND STAFF OF THE KENYA ANTI-CORRUPTION COMMISSION ARRANGEMENT OF CODE part IprelImInary ICitation.

2Interpretation.

3Application of Code.

part IIrequIrementS 4Compliance with General Code.

5Integrity.

6Conict of interest.

7Gifts.

8External employment and business.

9Pecuniary embarrassment.

10Social association.

11Press statements.

12Condentiality.

13Political association.

l4Compliance with staff rules and regulations and the disciplinary code part IIISatISfaCtIon of the requIrementS of the Code 15The Director to enforce Code.

16Staff.

AppendixGeneral Code of Conduct and Ethics www.kenyalaw.org 190 CAP.

183 The Public Ofcer Ethics Act [Rev.

2009 [Subsidiary] THE CODE OF CONDUCT AND ETHICS FOR MEMBERS AND STAFF OF THE KENYA ANTI-CORRUPTION COMMISSION The Kenya Anti-Corruption Commission is a body corporate established by the Anti-Corruption and Economic Crimes Act, Cap 65.

The Commission is mandated by the law to spearhead the ght against corruption in Kenya through public education, prevention, and by enforcement of the law against corruption.

This Code is intended to set out the standards of conduct and ethical behaviour for members and staff of the Commission.

part IprelImInary Citation.

This Code may be cited as the Code of Conduct and Ethics for the Members and Staff of the Kenya Anti-Corruption Commission.

Interpretation.

In this Code, unless the context otherwise requires- the Act means the Public Ofcer Ethics Act, 2003; Advisory Board means the Kenya Anti-Corruption Advisory Board; Assistant Director means an Assistant Director of the Kenya Anti- Corruption Commission; Commission means the Kenya Anti-Corruption Commission; Director means the Director of the Kenya Anti-Corruption Commission; Disciplinary Code means the Code issued by the Director under paragraph 7 in the First Schedule of the Anti-Corruption and Economic Crimes Act, No.

3 of 2003, Cap 65.

Members in reference to the Kenya Anti-Corruption Commission means the Director and Assistant Directors of the Commission; public ofcer refers to members and staff of the Commission; staff in reference to the Kenya Anti-Corruption Commission means persons employed by the Commission, and includes those serving on secondment basis, but does not include the members; Application.

This Code applies with respect to the members and staff of the Kenya Anti- Corruption Commission, who shall for that purpose be regarded as public ofcers.

part IIrequIrementS Compliance with 4.

(1) A public ofcer shall comply with all the requirements, the General www.kenyalaw.org The Public Ofcer Ethics Act CAP.

183 191 Rev.

2009] Code of Conduct and Ethics set out in Part III of the Act.

[Subsidiary] General Code.

(2) The General Code of Conduct and Ethics set out in Part III of the Act is set out in the Appendix to this code and shall form part of this Code.

A public ofcer shall not engage in any activities involving dishonesty, Integrity.

fraud or moral turpitude.

A public ofcer Conict of interest.

(a) shall not engage in any activity likely to place him/her in a position of divided loyalty between his/her private interest and ofcial duty; and (b) shall declare to the Director any conict between his/her private interest and ofcial duty immediately such conict arises and shall comply with any lawful direction to resolve the conict.

(1) A public ofcer shall not without the general permission or special Gifts.

permission of the Director accept or solicit any gifts, rewards, benets or any other valuable present in any form, including free passage, hospitality and other favours, from any person who has an interest that may be affected by the ofcers ofcial duties.

(2) A public ofcer may accept a gift given to him/her in his/her L.N.

120/2003.

ofcial capacity but, unless the gift is a non-monetary gift that does not exceed Shs 20,000 in value, the gift shall be surrendered to the Commission.

(I) A public ofcer shall not take employment in any other or work or Other employment or business or hold any other public ofce.

business.

(2) A public ofcer shall not engage in a business that is likely to conict with his duties or loyalty to the Commission, or which is likely to cause a perception of such conict.

A public ofcer shall live within his/her means and only incur nancial Pecuniary obligations that he/she can satisfy without any form of nancial hardship or embarrassment.

embarrassment to himself/herself.

10.

A public ofcer shall be selective in the company he/she keeps Social association and places patronized, and shall not engage in conduct or company which is and recreation.

conducive to corrupt practices.

11.

Except where it is part of his/her ofcial duties, a public ofcer shall not issue Press statements.

press statements on a matter of the Commission without the authority of the Director.

12.

(1) A public ofcer shall not, except with the authority of the Director or with other lawful excuse, disclose the details of an investigation by the Condentiality.

Commission, including the identity of anyone being investigated.

(2) A public ofcer shall at all times during service and thereafter not disclose to unauthorized persons any matter that has come to his/her www.kenyalaw.org 192 CAP.

183 The Public Ofcer Ethics Act [Rev.

2009 [Subsidiary] knowledge by virtue of employment, unless the information has already been made public.

Political association.

13.

A public ofcer shall refrain from active politics except for exercising his/her right to vote at elections.

He/she shall not publicly express his/her personal views on political matters.

Compliance with 14.

A public ofcer shall adhere to the staff rules and regulations that staff rules and may be issued by the Commission from time to time touching on the terms regulations and and conditions of service, and the disciplinary code that shall be issued by the disciplinary code.

Director.

part IIISatISfaCtIon of the requIrementS of the Code The Director, etc.

Code.

15.

(1) The Director shall be responsible for the enforcement of this (2) The Director may delegate to an Assistant Director any general or specic duties for the enforcement of this Code.

Staff.

16.

(1) The staff shall be subject to the procedures prescribed in the disciplinary code and any staff rules and regulations issued by the Director.

(2) An allegation of misconduct against staff shall be investigated, and the necessary sanction imposed, under the provisions of Part V of the Act and also in accordance with the procedures set out by the disciplinary code.

(3) A public ofcer, not being an Assistant Director, may be removed from ofce by the Director on the ground that the ofcer has breached this code or the disciplinary code, or on the ground that the Director no longer has condence in the ofcers integrity.

_ APPENDIX (Rule 4 (2)) THE PUBLIC OFFICER ETHICS ACT, 2003 part IIIGeneral Code of ConduCt and ethICS Part sets out general 7.

This Part sets out a general Code of Conduct and ethics for public Code.

ofcers.

Performance of 8.

A public ofcer shall, to the best of his ability, carry out his duties duties, general.

and ensure that the services that he provides are provided efciently and honestly.

Professionalism.

A public ofcer shall- www.kenyalaw.org The Public Ofcer Ethics Act CAP.

183 193 Rev.

2009] [Subsidiary] (a) carry out his duties in a way that maintains public condence in the integrity of his ofce; (b) treat the public and his fellow public ofcers with courtesy and respect; (c) to the extent appropriate to his ofce, seek to improve the standards of performance and level of professionalism in his organization; (d) if a member of a professional body, observe the ethical and professional requirements of that body; (e) observe ofcial working hours and not be absent without proper authorization or reasonable cause; (f) maintain an appropriate standard of dress and personal hygiene; and (g) discharge any professional responsibilities in a professional manner.

10.

(1) A public ofcer shall carry out his duties in accordance with Rule of law.

the law.

(2) In carrying out his duties, a public ofcer shall not violate the rights and freedoms of any person under Part V of the Constitution.

No improper 11.

(1) A public ofcer shall not use his ofce to improperly enrich enrichment.

himself or others.

(2) Without limiting the generality of subparagraph (1), a public ofcer shall not- (a) except as allowed under subparagraph (3) or (4), accept or request gifts or favours from a person who- (i) has an interest that may be affected by the carrying out, or not carrying out, of the public ofcers duties; (ii) carries on regulated activities with respect to which the public ofcers organization has a role; or (iii) has a contractual or similar relationship with the public of- cers organization; (b) improperly use his ofce to acquire land or other property for himself or another person, whether or not the land or property is paid for; or (c) for the personal benet of himself or another, use or allow the use of information that is acquired in connection with the public ofcers duties and that is not public.

www.kenyalaw.org 194 CAP.

183 The Public Ofcer Ethics Act [Rev.

2009 [Subsidiary] (3) A public ofcer may accept a gift given to him in his ofcial capacity but, unless the gift is a non-monetary gift that does not exceed the value prescribed by regulation, such a gift shall be deemed to be a gift to the public ofcers organization.

(4) Subparagraph (2) (a) does not prevent a public ofcer from accepting a gift from a relative or friend given on a special occasion recognized by custom.

(5) Subparagraph (2) (c) does not apply to the use of information for educational or literary purposes, research purposes or other similar purposes.

Conict of Interest.

12.

(1) A public ofcer shall use his best efforts to avoid being in a position in which his personal interests conict with his ofcial duties.

(2) Without limiting the generality of subparagraph (1), 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 the public ofcers personal interests conicting with his ofcial duties.

(4) Notwithstanding any directions to the contrary under subparagraph (3) (a), a public ofcer shall not award a contract, or inuence the award of a contract, to- (a) himself; (b) a spouse or relative; (c) a business associate; or (d) a corporation, partnership or other body in which the ofcer has an interest.

(5) The regulations may govern when the personal interests of a public ofcer conict with his ofcial duties for the purposes of this paragraph.

(6) In this paragraph, personal interest includes the interest of a spouse, relative or business associate.

Collections and 13.

(1) A public ofcer shall not- harambees.

www.kenyalaw.org The Public Ofcer Ethics Act CAP.

183 195 Rev.

2009] (a) use his ofce or place of work as a venue for soliciting or collecting [Subsidiary] harambees; or (b) either as a collector or promoter of a public collection, obtain money or other property from a person by using his ofcial position in any way to exert pressure.

(2) In this paragraph, collection, collector and promoter have the same meanings as in section 2 of the Public Collections Act.

Cap.

106.

14.

(1) No public ofcer shall, in a manner that may be detrimental to Acting for foreigners.

the security interests of Kenya, be an agent for, or further the interests of, a foreign government, organization or individual.

(2) For the purposes of this paragraph- (a) an individual is foreign if the individual is not a citizen of Kenya; (b) an organization is foreign if it is established outside Kenya or if it is owned or controlled by foreign governments, organizations or individuals.

15.

(1) A public ofcer shall take all reasonable steps to ensure that Care of property.

property that is entrusted to his care is adequately protected and not misused or misappropriated.

(2) A person who contravenes subparagraph (1) shall be personally liable for losses resulting from the contravention.

16.

(1) A public ofcer shall not, in or in connection with the performance Political neutrality.

of his duties as such- (a) act as an agent for, or so as to further the interests of, a political party; or (b) indicate support for or opposition to any political party or candidate in an election.

(2) A public ofcer shall not engage in political activity that may compromise or be seen to compromise the political neutrality of his ofce.

(3) This paragraph does not apply to a member of the National Assembly or a councillor of a local authority.

17.

A public ofcer shall not practice nepotism or favouritism.

Nepotism, etc.

18.

A public ofcer who has a duty to give advice shall give honest and Giving of advice.

impartial advice without fear or favour.

www.kenyalaw.org 196 CAP.

183 The Public Ofcer Ethics Act [Rev.

2009 [Subsidiary] Misleading the 19.

A public ofcer shall not knowingly give false or misleading public, etc.

information to members of the public or to any other public ofcer.

Conduct of private 20.

(1) A public ofcer shall conduct his private affairs in a way that affairs.

maintains public condence in the integrity of his ofce.

(2) A public ofcer shall not evade taxes.

(3) A public ofcer shall not neglect his nancial obligations or neglect to settle them.

21.

(1) A public ofcer shall not sexually harass a member of the public Sexual harrassment.

or a fellow public ofcer.

(2) In subparagraph (1), sexually harass includes doing any of the following, if the person doing it knows or ought to know tht it is unwelcome- (a) making a request or exerting pressure for sexual activity or favours; (b) making intentional or careless physical contact that is sexual in nature; and (c) making gestures, noises, jokes or comments, including innuendos, regarding another persons sexuality.

Selection, etc.

of 22.

A public ofcer shall practice and promote the principle that public ofcers should be public ofcers.

(a) selected on the basis of integrity, competence and suitability ; or (b) elected in fair elections.

Submitting of 23.

A public ofcer shall submit any declaration or clarication required declarations, etc.

under Part IV to be submitted or made by him/her.

Acting through 24.

(1) A public ofcer contravenes the Code of Conduct and Ethics if- others.

(2) Subparagraph (I) (b) does not apply with respect to anything done without the public ofcers knowledge or consent if the public ofcer took reasonable steps to prevent it.

Reporting improper 25.

If a public ofcer considers that anything required of him is a www.kenyalaw.org The Public Ofcer Ethics Act CAP.

183 197 Rev.

2009] contravention of the Code of Conduct and Ethics or is otherwise improper or orders.

[Subsidiary] unethical, he shall report the matter to an appropriate authority.

www.kenyalaw.org 198 CAP.

183 The Public Ofcer Ethics Act [Rev.

2009 [Subsidiary] L.N.

75/2005.

THE KENYA ANTI-CORRUPTION COMMISSION PROCEDURES FOR THE ADMINISTRATION OF PART IV OF THE PUBLIC OFFICER ETHICS ACT ARRANGEMENT OF PARAGRAPHS lCitation.

2Interpretation.

3Application of procedures.

4Responsibility for administration.

5To whom declarations submitted.

6Who may make requests for clarications.

7Review of declarations and verication of information.

8Authorization of staff.

9Condition for disclosures.

www.kenyalaw.org The Public Ofcer Ethics Act CAP.

183 199 Rev.

2009] [Subsidiary] THE KENYA ANTI-CORRUPTION COMMISSION PROCEDURES FOR THE ADMINISTRATION OF PART IV OF THE PUBLIC OFFICER ETHICS ACT 1.

These procedures may be cited as the Kenya Anti-Corruption Commission Citation.

Procedures for the Administration of Part 1V of the Public Ofcer Ethics Act.

In these procedures unless the context otherwise requires- Interpretation.

the Act means the Public Ofcer Ethics Act, 2003; Advisory Board means the Kenya Anti-Corruption Advisory Board; Assistant Director means an Assistant Director of the Kenya Anti- Corruption Commission; Commission means the Kenya Anti-Corruption Commission; Director means the Director of the Kenya Anti-Corruption Commission; 3.

These procedures are for the administration of Part IV of the Act Application of with respect to the public ofcers for whom the Commission is the responsible procedures.

Commission under the Act.

The Director, or an ofcer of the Commission designated by him for Responsibility for that purpose in writing, shall be responsible for the administration of Part IV administration of the Act by the Commission.

Declarations required to be submitted to the Commission under Part To whom IV of the Act shall be submitted to the Director or to such ofcer or ofcers declarations to be of the Commission as the Director may from time to time designate in writing submitted.

for that purpose.

Requests for clarications under section 28 of the Act shall be made, Who may make on behalf of the Commission, by the Director or by an Assistant Director who requests for is expressly instructed to do so by the Director.

clarications.

(1) The Director, or an Assistant Director instructed for that purpose Review of by the Director, shall- declarations, etc.

(a) ascertain that all public ofcers who are required to submit their declarations have done so; and (b) review each declaration to ascertain if any of the following conditions are satised- (i) on the face of the declaration, or in light of any other informa- tion the Commission may have, there is reason to suspect the declaration may be false or incomplete; www.kenyalaw.org 200 CAP.

183 The Public Ofcer Ethics Act [Rev.

2009 [Subsidiary] (ii) the assets of the person who submitted the declaration appear disproportionate to his income; (iii) the income, assets or liabilities of the person who submitted the declaration raise concerns of impropriety or conict of interest.

(2) If it is ascertained that any of the conditions in subparagraph (1) (b) are satised, the person who submitted the declaration shall be given an opportunity to give an explanation.

(3) If no explanation is given, or if after considering any explanation the person who submitted the declaration may give, the Director is of the opinion that the conditions in subparagraph (1) (b) are still satised, the Director may, in addition to any other action including investigations and civil proceedings, take disciplinary action against the ofcer concerned.

Authorization of 8.

The authorized staff of the Commission for purposes of section 30 (4) staff.

(a) of he Act are the following (a) The Director, (b) Assistant Directors; (c) Any ofcer or ofcers authorized in writing by the Director.

Conditions for 9.

(1) Disclosure of information contained in a declaration to any persons disclosures.

other than the authorized persons shall only be upon the written request of such persons addressed to the Director.

(2) The Director may decline to make a disclosure under subparagraph (1) above if he is of the opinion that such disclosure would be a violation of any written law.

(3) Nothing contained in this paragraph shall prevent an ofcer of the Commission from accessing the information contained in his/her own declaration.

www.kenyalaw.org.

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