Section 38 of Leadership and Integrity Act: Application of the general Code
Until a public entity has prescribed a specific Leadership and Integrity Code under section 37, the general Code under Part II of this Act shall apply as though it were the specific Leadership and Integrity Code prescribed by the public entity.
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- Section 39 - Approval and publication of specific codes
(1) A public entity shall submit the specific Leadership and Integrity Code prescribed under section 37 to the Commission for approval.
(2) In considering the specific Leadership and Integrity Code...
- Section 40 - State officer to sign Specific Leadership and Integrity Code
Upon appointment or election, a State officer shall sign and commit to the specific Leadership and Integrity Code issued by the relevant public entity at the time of taking the oath of office or...
- Section 41 - Breach of the Code
(1) Subject to subsection (2), a breach of the Code amounts to misconduct forwhich the State officer may be subjected to disciplinary proceedings.
(2) Where an allegation of breach of the Code has...
- Section 42 - Lodging of complaints and investigations
(1) A person who alleges that a State officer has committed a breach of the Code, may lodge a complaint with the relevant public entity and the public entity shall register and inquire into the...
- Section 43 - Referral for possible civil or criminal proceedings
(1) If upon investigation under this Part, the public entity is of the opinion that civil or criminal proceedings ought to be preferred against the respective State officer, the public entity shall...
- Section 44 - Advisory opinion
(1) A State officer or public entity may request the Commission to give an advisory opinion on any issue relating to the application of Chapter Six of the Constitution.
(2) The Commission shall...
- Section 45 - Reports of the Commission
(1) The Commission shall submit an annual report, containing all the information relevant to the enforcement of and compliance with the provisions of this Act, to the President and...
- Section 46 - Obstructing or hindering persons under this Act
(1) A person shall not—
(a) without justification or lawful excuse, obstruct, hinder, assault or threaten a person undertaking his or her duties under this Act;
(b) deceive or knowingly mislead the...
- Section 47 - General penalty
Any person who is convicted of an offence under this Act, for which no penalty is expressly provided, shall be liable on conviction to a fine not exceeding five hundred thousand shillings, or to...
- Section 48 - Breach of section 20
A State officer who does not comply with the provisions of section 20 commits an offence and is liable, on conviction, to a fine not exceeding five million shillings, or to imprisonment for a term not...
- Section 49 - Forfeiture and compensation
(1) Where a State officer is proven to have obtained any property in breach of this Act, the State officer shall, subject to any appeal which the officer may make, forfeit the property and the...
- Section 50 - Protection of officers of the Commission or public entity
Subject to this Act, no civil or criminal liability shall attach to an officer of the Commission or public entity acting on the instructions of the chief executive officer of a public entity, for...
- Section 51 - Oversight over the Commissioners
(1) Where a violation of Chapter Six of the Constitution or this Act, which is nota violation as contemplated in Article 251 of the Constitution, is alleged against a member of the Commission, the...
- Section 52 - Application of Chapter Six of the Constitution and this Act to public officers generally
(1) Pursuant to Article 80(c) of the Constitution, the provisions of Chapter Six of the Constitution and Part II of this Act except section 18 shall apply to all public officers as if they were State...
- Section 53 - Leadership education and training generally
The Cabinet Secretaries responsible for leadership and integrity, constitutional affairs, education and the public service shall collaborate with the Commission and the relevant public entity for the...
- Section 54 - Regulations
(1) The Commission shall make Regulations for the better carrying out of theprovisions of this Act.
(2) Without prejudice to the generality of subsection (1), the Commission maymake Regulations...