- Section 134 of County Governments Act: Repeal of Cap. 265
(1) The Local Government Act is repealed upon the final announcement of allthe results of the first elections held under the Constitution.
(2) All issues that may arise as a consequence of the repeal under subsection(1) shall be dealt with and discharged by the body responsible for matters relating...
- Section 135 of County Governments Act: Regulations
(1) The Cabinet Secretary may make regulations for the better carrying outof the purposes and provisions of this Act and such Regulations may be made in respect of all county governments and further units of decentralization generally or for any class of county governments and further units of...
- Section 136 of County Governments Act: First sitting of the county assembly
(1) The first sitting of a county assembly after the first election under theConstitution, shall take place at a time, place and date determined by the Independent Electoral and Boundaries Commission, which date shall not be later than fourteen days after the results of the elections have been...
- Section 137 of County Governments Act: Facilitation of civic education
In the period preceding establishment of county governments under Article 176 of the Constitution, the design, coordination and implementation of civic education shall be facilitated by the Ministries responsible for matters relating to civic education, devolution and county governments and such...
- Section 138 of County Governments Act: Arrangements for public servants
(1) Any public officer appointed by the Public Service Commission in exercise of its constitutional powers and functions before the coming to effect of this Act and is serving in a county on the date of the constitution of that county government shall be deemed to be in the service of the county...
- Section 1 of Leadership and Integrity Act: Short title
This Act may be cited as the Leadership and Integrity Act, 2012.
- Section 2 of Leadership and Integrity Act: Interpretation
In this Act, unless the context otherwise requires—
“asset” means a thing, tangible or intangible, owned, whether wholly or in part, or controlled by a person, which has an actual or determinable economic value and can be sold, exchanged or otherwise used or applied to meet an obligation or acquire...
- Section 3 of Leadership and Integrity Act: Guiding values, principles and requirements
(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...
- Section 4 of Leadership and Integrity Act: Implementation of the Act
(1) Every person has the responsibility of implementing the provisions of this Act to the extent required by this Act.
(2) The Commission is responsible for overseeing and enforcing the implementation of this Act.
(3) In undertaking its mandate, the Commission may request a State organ to assist...
- Section 5 of Leadership and Integrity Act: Delegation of functions by the Commission
The Commission 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 6 of Leadership and Integrity Act: General Code
(1) This Part prescribes a general Leadership and Integrity Code for Stateofficers.
(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...
- Section 7 of Leadership and Integrity Act: Rule of law
(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 withthe law.
(3) In carrying out the duties of the office, a State officer shall not violatethe rights and fundamental freedoms of any person...
- Section 8 of Leadership and Integrity Act: Public trust
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.
- Section 9 of Leadership and Integrity Act: Responsibility and duties
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.
- Section 10 of Leadership and Integrity Act: Performance of duties
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...
- Section 11 of Leadership and Integrity Act: Professionalism
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...
- Section 12 of Leadership and Integrity Act: Financial integrity
(1) A State officer shall not use the office to unlawfully or wrongfully enrich himself or herself or any other person.
(2) Subject to Article 76(2)(b) of the Constitution, a State officer shall not accept a personal loan or benefit which may compromise the State officer in carrying out the duties....
- Section 12A of Leadership and Integrity Act: Self-declaration
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.
- Section 13 of Leadership and Integrity Act: Moral and ethical requirements
(1) For the purposes of Articles 99(1)(b) and 193(1)(b) of the Constitution, a person shall observe and maintain the following ethical and moral requirements—
(a) demonstrate honesty in the conduct of public affairs subject to the
Public Officer Ethics Act (No. 4 of 2003);
(b) not to engage in...
- Section 14 of Leadership and Integrity Act: Gifts or benefits in kind
(1) A gift or donation given to a State officer on a public or official occasion shall be treated as a gift or donation to the State.
(2) Notwithstanding subsection (1), a State officer may receive a gift given to the State officer in an official capacity, provided that—
(a) the gift is within the...
- Section 15 of Leadership and Integrity Act: Wrongful or unlawful acquisition of property
A State officer shall not use the office to wrongfully or unlawfully influence the acquisition of property.
- Section 16 of Leadership and Integrity Act: Conflict of interest
(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) Without limiting the generality of subsection (1), a State officer or a public...
- Section 17 of Leadership and Integrity Act: Participation in tenders
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...
- Section 18 of Leadership and Integrity Act: Public collections
(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...
- Section 19 of Leadership and Integrity Act: Bank accounts outside Kenya
(1) Subject to Article 76(2) of the Constitution or any other written law, a State officer shall not open or continue to operate a bank account outside Kenya without the approval of the Commission.
(2) A State officer who has reasonable grounds for opening or operating a bank account outside Kenya...
- Section 20 of Leadership and Integrity Act: Acting for foreigners
(1) A State officer shall not be an agent of, or further the interests of a foreign government, organisation or individual in a manner that may be detrimental to the security interests of Kenya, except when acting in the course of official duty.
(2) For the purposes of this section—
(a) an...
- Section 21 of Leadership and Integrity Act: Care of property
(1) A State officer shall take all reasonable steps to ensure that public property in the officer’s custody, possession or control is taken care of and is in good repair and condition.
(2) A State officer shall not use public property, funds or services that areacquired in the course of or as a...
- Section 22 of Leadership and Integrity Act: Misuse of official information
(1) A State officer shall not directly or indirectly use or allow any person under the officer’s authority to use any information obtained through or in connection with the office, which is not available in the public domain, for the furthering of any private interest, whether financial or...
- Section 23 of Leadership and Integrity Act: Political neutrality
(1) An appointed State officer, other than a Cabinet Secretary or a member ofa County executive committee shall not, in the performance of their duties—
(a) act as an agent for, or further the interests of a political party or candidate in an election; or
(b) manifest support for or opposition to...
- Section 24 of Leadership and Integrity Act: Impartiality
A State officer shall, at all times, carry out the duties of the office with impartiality and objectivity in accordance with Articles 10, 27, 73(2)(b) and 232 of the Constitution and shall not practise favouritism, nepotism, tribalism, cronyism, religious bias or engage in corrupt or unethical...