Provisions
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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 pract…
A State officer who has a duty to give advice shall give honest, accurate and impartial advice without fear or favour.
(1) Subject to subsection (2), a State officer who is serving on a full-time basis shall not participate in any other gainful employment. (2) In this section, “gainful employment” means work that a person can pursue and perform for money or other form of compensation or remuneration which is inheren…
(1) A State officer shall not allow himself or herself to be influenced in the performance of their duties by plans or expectations for or offers of future employment or benefits. (2) A State officer shall disclose, in writing, to the public entity and the Commission, all offers of future employment…
A former State officer shall not be engaged by or act for a person or entity in a matter in which the officer was originally engaged in as a State officer, for at least two years after leaving the State office.
A State officer shall not knowingly give false or misleading information to any person.
A State officer shall not falsify any records or misrepresent information to the public.
(1) Subject to Article 78(3) of the Constitution, a State officer who acquires dual citizenship shall lose his or her position as a State officer. (2) A person who holds dual citizenship shall, upon election or appointment to a State office, not take office before officially renouncing their other c…
A State officer shall conduct private affairs in a manner that maintains public confidence in the integrity of the office.
(1) A State officer shall pay any taxes due from him or her within the prescribed period. (2) A State officer shall not neglect their financial or legal obligations.
(1) A State officer shall not bully any person. (2) For purposes of subsection (1), “bullying” includes repeated offensive behaviour which is vindictive, cruel, malicious or humiliating and is intended to undermine a person.
(1) A State officer contravenes the Code if the officer— (a) causes anything to be done through another person that would constitute a contravention of the Code if done by the State officer; or (b) allows or directs a person under their supervision or control to do anything that is in contravention…
(1) If a State officer considers that anything required of them is in contravention of the Code or is otherwise improper or unethical, the State officer shall report the matter to the Commission. (2) The Commission shall investigate the report and take appropriate action within ninety days of receiv…
(1) Each public entity shall prescribe a specific Leadership and Integrity Codefor the State officers in that public entity. (2) The specific Leadership and Integrity Code prescribed by a public entity shall include all the requirements in the general Leadership and Integrity Code under Part II of t…
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.
(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 submitted under subsection (1), the Commission shall ensure that it is consistent with the General Cod…
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 within seven days of assuming a State office.
(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 been made against a State officer in respect of whom the Constitution or any other law provides the pro…
(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 complaint. (2) A public entity may authorize any of its officers to inquire into a complaint on its behalf…
(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 refer the matter to— (a) the Commission or the Attorney-General, with respect to civil matters; (b) th…
(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 establish appropriate mechanisms and procedures for the provision of advisory opinions under subsection (1…
(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 Parliament. (2) The Commission shall publish the report made under subsection (1) in the Gazette and facilitate reasona…
(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 Commission, a public entity or a person undertaking his or her duties under this Act; (c) destroy, alt…
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 imprisonment for a term not exceeding three years, or to both.
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 exceeding five years, or to both.
(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 property shall be held by the Commission or by an agent appointed by the Commission in trust for the Republ…
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 anything done in good faith by that officer in the performance of the duties under this Act.
(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 President shall establish an independent review panel to inquire into the allegation. (2) An allegation…
(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 officers. (2) For the purposes of subsection (1), the relevant public entity recognized or establish…
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 purpose of developing and overseeing the provision of long term education and training on leadership…