KENYAN LEGISLATION

Acts and laws in Kenya

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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 pract…

Section 26 of Leadership and Integrity Act: Gainful employment

(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…

Section 27 of Leadership and Integrity Act: Offers of future employment

(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…

Section 31 of Leadership and Integrity Act: Citizenship

(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…

Section 34 of Leadership and Integrity Act: Bullying

(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.

Section 35 of Leadership and Integrity Act: Acting through others

(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…

Section 36 of Leadership and Integrity Act: Reporting improper orders

(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…

Section 37 of Leadership and Integrity Act: Establishment of specific codes

(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…

Section 41 of Leadership and Integrity Act: 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 been made against a State officer in respect of whom the Constitution or any other law provides the pro…

Section 44 of Leadership and Integrity Act: 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 establish appropriate mechanisms and procedures for the provision of advisory opinions under subsection (1…

Section 45 of Leadership and Integrity Act: 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 Parliament. (2) The Commission shall publish the report made under subsection (1) in the Gazette and facilitate reasona…

Section 47 of Leadership and Integrity Act: 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 imprisonment for a term not exceeding three years, or to both.

Section 49 of Leadership and Integrity Act: 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 property shall be held by the Commission or by an agent appointed by the Commission in trust for the Republ…

Section 51 of Leadership and Integrity Act: 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 President shall establish an independent review panel to inquire into the allegation. (2) An allegation…