PURPOSE OF THE ACT
An Act Of Parliament To Give Effect To, And Establish Procedures And Mechanisms For The Effective Administration Of Chapter Six Of The Constitution And For Connected Purposes.
Chapter Six Of The Constitution. This Chapter Contains Article 73 To Article 80 (included) Which Cover The Following Aspects,
Section 73- Responsibilities Of Leadership
Section 74- Oath Of Office Of State Officers
Section 75- Conduct Of State Officers
Section 76 Financial Probity Of State Officers
Section 77- Restriction Of Activities Of State Officers
Section 78- Citizenship And Leadership
Section 79- Legislation To Establish The Ethics And Anticorruption Commission
Section 80- Legislation On Leadership
A State Officer Is A Person Holding Any Of These Positions ( Article 260 The Constitution Of Kenya);
(b) Deputy President;
(c) Cabinet Secretary;
(d) Member Of Parliament;
(e) Judges And Magistrates;
(f) Member Of A Commission Of A Commission Or An Independent Commission To Which Chapter Fifteen Of The Constitution Applies;
(g) Holder Of An Independent Office Of A Commission Or Independent Commission To Which Chapter Fifteen Of The Constitution Applies;
(h) Member Of A County Assembly, Governor Or Deputy Governor Of A County, Or Other Member Of The Executive Committee Of A County Government;
(j) Director Of Public Prosecutions;
(k) Secretary To The Cabinet;
(l) Principal Secretary;
(m) Chief Of The Kenya Defence Forces;
(n) Commander Of A Service Of The Kenya Defence Forces;
(o) Director-General Of The National Intelligence Service;
(p) Inspector-General, And The Deputy Inspectors-General, Of The National Police Service; Or
(q) An Office Established And Designated As A State Office By National Legislation;
Guiding Values, Principles And Requirements (Section 3)
(1) The Primary Purpose Of This Act Is To Ensure That State Officers Respect The Values, Principles And Requirements Of The Constitution.
(2) A State Officer Shall Respect The Values, Principles And The Requirements Of The Constitution, Including;
(a) The National Values And Principles Provided For Under Article 10 Of The Constitution;
(b) The Rights And Fundamental Freedoms Provided For Under Chapter Four Of The Constitution;
(c) The Responsibilities Of Leadership Provided For Under Article 73 Of The Constitution;
(d) The Principles Governing The Conduct Of State Officers Provided For Under Article 75 Of The Constitution;
(e) The Educational, Ethical And Moral Requirements In Accordance With Articles 99(1)(b) And 193(1)(b) Of The Constitution;
(f) In The Case Of County Governments, The Objectives Of Devolution Provided For Under Article 174 Of The Constitution; And
(g) In So Far As Is Relevant, The Values And Principles Of Public Service As Provided For Under Article 232 Of The Constitution.
Who Implements The Leadership And Integrity Act? (Section 4)
The Ethics And Anti-Corruption Commission Is Responsible For Overseeing And Enforcing The Implementation Of This Act.
The EACC May, By Notice In The Gazette, Delegate To A Public Entity Or An Authorised Officer Any Of Its Powers And Functions Under This Act. (Section 5)
A.General Code (Section 6)
(1) Part II of the Act prescribes a general Leadership and Integrity Code for State officers.
(2) The provisions of Chapter Six of the Constitution shall form part of this Code.
(3) Unless otherwise provided in this Act, the provisions of the Public Officer Ethics Act (No. 4 of 2003) shall form part of this Code.
(4) If any provision of this Act is in conflict with the Public Officer Ethics Act, 2003 this Act shall prevail.
B. Rule of Law (Section 7)
(1) A State officer shall respect and abide by the Constitution and the law.
(2) A State officer shall carry out the duties of the office in accordance with the law.
(3) In carrying out the duties of the office, a State officer shall not violate the rights and fundamental freedoms of any person unless otherwise expressly provided for in the law and in accordance with Article 24 of the Constitution.
C. Public trust (Section 8)
A State office is a position of public trust and the authority and responsibility vested in a State officer shall be exercised by the State officer in the best interest of the people of Kenya.
D. Responsibility and Duties (Section 9)
Subject to the Constitution and any other law, a State officer shall take personal responsibility for the reasonably foreseeable consequences of any actions or omissions arising from the discharge of the duties of the office.
E. Performance of Duties (Section 10)
A State officer shall, to the best of their ability;
(a) carry out the duties of the office efficiently and honestly;
(b) carry out the duties in a transparent and accountable manner;
(c) keep accurate records and documents relating to the functions of the office; and
(d) report truthfully on all matters of the organization which they represent.
A State officer shall;
(a) carry out duties of the office in a manner that maintains public confidence in the integrity of the office;
(b) treat members of the public and other public officers with courtesy and respect;
(c) not discriminate against any person, except as is expressly provided by the law;
(d) to the extent appropriate to the office, maintain high standards of performance and level of professionalism within the organisation; and
(e) if the State officer is a member of a professional body, observe and subscribe to the ethical and professional requirements of that body in so far as the requirements do not contravene the Constitution or this Act.
(1) A State officer shall not use the office to unlawfully or wrongfully enrich himself or herself or any other person.
(2) A State officer shall not accept a personal loan or benefit which may compromise the State officer in carrying out the duties.
Self-declaration (Section 12A)
Any person intending to be appointed to a State office shall submit to the Commission a self-declaration form in the form set out in the First Schedule.
Moral and ethical requirements for purposes of being elected as a Member of Parliament or County Assembly;
(a) demonstrate honesty in the conduct of public affairs subject to the Public Officer Ethics Act (No. 4 of 2003);
(b) not to engage in activities that amount to abuse of office;
(c) accurately and honestly represent information to the public;
(d) not engage in wrongful conduct in furtherance of personal benefit;
(e) not misuse public resources;
(f) not discriminate against any person, except as expressly provided for under the law;
(g) not falsify any records;
(h) not engage in actions which would lead to the State officer’s removal from the membership of a professional body in accordance with the law; and
(i) not commit offences and in particular, any of the offences under
a. Parts XV ( Offences against Morality) and XVI ( offences relating to Marriage and Domestic Obligations) of the Penal Code (Cap. 63),
b. the Sexual Offences Act (No.3 of 2006),
c. the Counter-Trafficking in Persons Act (No. 8 of 2010), and
d. the Children Act (Cap. 141).
(ii) a person wishing to be elected as a state officer shall submit a self declaration form as set out in the First Schedule.
1. A gift or donation to a State officer is deemed a gift or donation to the State.
2. A State officer may receive a gift given to the State officer in an official capacity, provided that;
(a) the gift is within the ordinary bounds of propriety, a usual expression of courtesy or protocol and within the ordinary standards of hospitality;
(b) the gift is not monetary; and
(c) the gift does not exceed such value as may be prescribed by the Commission in the regulations.( proposed limit is Kenya Shillings Twenty Thousand ( Kshs 20,000/=).
3. A State officer shall not;
(a) accept or solicit gifts, hospitality or other benefits from a person who;
(i) has an interest that may be achieved by the carrying out or not carrying out of the State officer’s duties;
(ii) carries on regulated activities with respect to which the State officer’s organisation has a role; or
(iii) has a contractual or legal relationship with the State officer’s organisation;
(b) accept gifts of jewellery or other gifts comprising of precious metal or stones, ivory or any other animal part protected under the Convention on International Trade in Endangered Species of Wild Fauna and Flora; or
(c) any other type of gift specified by the EACC in the regulations.
4. A State officer shall not receive a gift which is given with the intention of compromising the integrity, objectivity or impartiality of the State officer.
5. A State officer who receives a gift or donation shall declare the gift or donation to the EACC and the public entity which the State officer represents.
6. Every public entity shall keep a register of;
(a) gifts received by a State officer serving in the public entity; and
(b) gifts given by the public entity to other State officers.
7. The EACC shall make and publicize regulations regarding receipt and disposal of gifts under this section.
A State officer shall not use the office to wrongfully or unlawfully influence the acquisition of property.
(1) A State officer or a public officer shall use the best efforts to avoid being in a situation where personal interests conflict or appear to conflict with the State officer’s or public officer’s official duties.
(2) a State officer or a public officer shall not hold shares or have any other interest in a corporation, partnership or other body, directly or through another person, if holding those shares or having that interest would result in a conflict of the State officer’s or public officer’s personal interests and the officer’s official duties.
(3) A State officer or a public officer whose personal interests conflict with their official duties shall declare the personal interests to the public entity or the Commission.
(4) The Commission or a public entity may give direction on the appropriate action to be taken by the State officer or public officer to avoid the conflict of interest and the State officer or public officer shall;
(a) comply with the directions; and
(b) refrain from participating in any deliberations with respect to the matter.
(5) A State officer or a public officer shall not award or influence the award of a contract to;
(a) himself or herself;
(b) the State officer’s or public officer’s spouse or child;
(c) a business associate or agent; or
(d) a corporation, private company, partnership or other body in which the officer has a substantial or controlling interest.
(6) “personal interest” includes the interest of a spouse, child, business associate or agent or any other matter in which the State officer or public officer has a direct or indirect pecuniary or non-pecuniary interest.
(7) Where a State officer or a public officer is present at a meeting, where an issue which is likely to result in a conflict of interest is to be discussed, the State officer or public officer shall declare the interest at the beginning of the meeting or before the issue is deliberated upon.
(8) A declaration of a conflict of interest under subsection (7) shall be recorded in the minutes of that meeting.
(9) Subject to Article 116(3) and (4) of the Constitution, a member of Parliament or a member of a county assembly shall declare any direct pecuniary interest or benefit of whatever nature in any;
(a) debate or proceeding of the body of which he or she is a member;
(b) debate or proceeding in any committee of that body; and
(c) transaction or communication which the State officer may have with other members of the body, State officers, public officers or government officers.
(10) For purposes of subsection (9), the Clerk of the Senate, the National Assembly or a county assembly shall maintain a register of conflicts of interest, which shall be open to the public for inspection.
(11) Every public entity shall maintain an open register of conflicts of interest in the prescribed form in which an affected State officer or public officer shall register the particulars of registrable interests, stating the nature and extent of the conflict.
(12) For purposes of subsection (11), the registrable interests include the interests set out in the Second Schedule.
(13) A public entity shall keep the register of conflicts of interest for five years after the last entry in each volume of the register.
(14) It shall be the responsibility of the State officer or public officer to ensure that an entry of registrable interests under subsection (11) is updated and to notify the public entity or the Commission of any changes in the registrable interests, within one month of each change occurring.
A State officer or a public officer shall not participate in a tender for the supply of goods or services to a public entity in which he or she is serving or is otherwise similarly associated, but the holding of shares by a State officer or a public officer in a company shall not be construed as participating in the tender of a public entity unless the State officer or public officer has a controlling shareholding in the company.
(1) A State officer shall not solicit for contributions from the public for a public purpose unless the President has, by notice in the Gazette, declared a national disaster and allowed a public collection for the purpose of the national disaster in accordance with the law.
(2) A State officer shall not participate in a public collection of funds in a way that reflects adversely on that State officer’s integrity, impartiality or interferes with the performance of the official duties.
A summary of the Obligations of State Officers and Public Officers under the Act can be downloaded here. (Source: EACC)
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