Back
NOTIFICATION
100% confidence
via regex
GAZETTE NOTICE NO. 1668
GAZETTE NOTICE NO. 1668
the information of the general public that pursuant to the provisions of the Standing Order
(No. 4 of 2003)
NOTIFICATION
IT IS notified for the information of the general public that
pursuant to the provisions of the Standing Order No. 28 of the County
Assembly of Embu Standing Orders, by a resolution made on the 10th
February, 2021, the County Assembly approved the Calendar of the
County Assembly (Regular Sessions) 2021 as set out in the Schedule
Period Days
FIRST PART
Sittings
9th February - 18th March,
Tuesdays (afternoon), Wednesdays
(morning and afternoon) and
Thursdays (afternoon)
Short Recess
19th March - 5th April, 2021
Sittings
6th April - 29th April, 2021
Tuesdays (afternoon), Wednesdays
(morning and afternoon) and
Thursdays (afternoon)
Long Recess
30th April, 2021 - 24th May,
Sittings
25th May - I st July, 2021
Tuesdays (afternoon), Wednesdays
(morning and afternoon) and
Thursdays (afternoon)
r --i--
Perioci ' Days
Short Recess
2nd July -- 19th July, 2021
SECOND PART
Sittings
20th July -12th August, 2021
Tuesdays (afternoon), Wednesdays
(morning and afternoon) and
Thursdays (afternoon)
Long Recess
13th August -13th September,
THIRD PART
Sittings _ ., -I-Tuesdays
14th September 14th
()ember, 2021
(afternoon) Wedties,Li
(morning and afternoon) a;,1
Thursdays (afternoon !
--I
Short Recess
I 5th October -- I sr November,
20 )1
Sittings
2nd November- 2nd
December, 2021
Tuesdays ( afternoon), Wednesdays
(nto(tiing and afternoon) and
Thursdays (alien noon)
Long Recess
3rd December. 2021 -- 7th
February, 2022
Disclaimer: The Assembly may however resolve to hold sittings
other days outside this published calendar.
Dated the 17th February, 2021.
JAMES M. IRER1,
MR/16635343
or ler k r,J the C ow/iv .4 ein,,,,/v,
GAZE GE NOTICE No. 1669
COUNTY ASSEMBLY OF UASIN
SECOND ASSEMBLY (FIFTH SESSION )
CAI ENDER OF COM Y ASSEMBLY. 2021
(Regular Sessions of the Assembly-February to December, 2021)
Period Dap
Recess Dotes
FIFTH SESSION PART
Tuesday, 9th
February, 2021 --
Wednesday , 24th
February, 2021 ,
Tuesday (morning and
afternoon)
Wednesday (morning IMonday,
and afternoon) 12021
Thursday. 25th
February, 2021 -
8th March,
FIFTH SESSION PART 11
Tuesday, 9th March,
2021 -Wednesday,
701 April, 2021
Tuesday (morning and
afternoon)
Wednesday (morning
and afternoon)
Thursday, 8th April
2021 -Monday,
10th May,, 2021
FIFTH SESSION PART III
Tuesday, I lth May,
2021 - Wednesday,
16th June, 2021
Tuesday (morning and
afternoon)
We
dnesdav(lwrnin,
and afternoon)
Thursday, 17th June,
2021-Monday,
28th June, 2021
FIFTH SESSION PART IV
Tuesda 9th June, y, 2
2(121 - Wednesday
'
4th Au gust, 2021
Tuesday (morning and
afternoon)
Wednesday (morning
and afternoon)
Thursday, 5th
August, 2021 -
Monday, 6th
SeTtember, 2021
FIFTH SESSION PART V
Tuesday, 7th
September, 2021-
Wednesday, 20th
October, 2021
Tuesday (morning and
afternoon)
Wednesday (morning
and afternoon)
Thursday, 21st
October, 2021 -
Monday, ist
November, 2921
FIFTH SESSION PART VI
Tuesday, 2nd
November, 2021--
Wednesday, 1st
December, 2021
Tuesday (morning and
afternoon)
Wednesday (morning
and afternoon)
Thursday, 2nd
December, 2.021-
Monday 7th
February, 2022
Note;
(i) The County Assembly shall sit from 10.00 a.m. to 12.30 p.m.
morning sessions and 2.30 p.m. to 4.30 p.m. afternoon sessions
pursuant to standing order 27 of the County Assembly
Standing Orders.
(ii) Special Sittings shall be notified through Kenya Gazette
notices, as per standing order 26 (3) of the County Assembly
Standing Orders.
Dated the 12th February. 2021.
SHADRACK K. CHOGE,
MR/1663587 Clerk to the County Assembly.
GAZE I I E NOTICE No. 1670
COUNTY ASSEMBLY OF KIRINYAGA
(SECOND ASSEMBLY-FIFTH SESSION)
CALENDER OF COUNTY ASSEMBLY, 2021
(Regular Sessions of the Assembly, February to December, 2021)
IT IS notified for general information, that pursuant to Standing
Order 25 of the County Assembly Standing Orders and by a resolution
made on 9th February, 2021, the County Assembly approved its
calendar (Regular Sessions) for the Fifth Session, 2021 as set out in
the Schedule.
SCHEDULE
Sitting Dates Sitting Days Recess Dates
Fifth Session—Part I
8th February, 2021
—31st March,
Mondays-Afternoon
Tuesdays-Morning
Tuesdays-Afternoon
Wednesdays--Morning
1st April, 2021-11th
April, 2021
Fifth Session—Part II
12th April,
2021-19th May,
Mondays-Afternoon
Tuesdays-Morning
Tuesdays- Afternoon
Wednesdays-Afternoon
20th May, 2021— 6th
June, 2021
Fifth Session—Part III
7th June, 2021—
7th July, 2021
Mondays-Afternoon
Tuesdays-Morning
Tuesdays-Afternoon
Wednesdays-Morning
8th July, 2021-8th
August, 2021
Fifth Session: Part IV
9th August
2021 — 13th
October, 2021
Mondays-Afternoon
Tuesdays-Morning
Tuesdays-Afternoon
Wednesdays-Morning
14th October, 2021 —
31st October, 2021
Fifth Session: Part V
1st November,
2021-1st
December, 2021
Mondays-Afternoon
Tuesdays--Morning
Tuesdays-Afternoon
Wednesdays-Morning
2nd December,
2021-13th
February, 2022
Note:
(i) The County Assembly shall be meeting at 10.00 a.m. on
Tuesday and Wednesday and at 2.30 p.m. on Monday and
Tuesday pursuant to Standing Order 27 of the County
Assembly Standing Orders.
(ii) Special sittings shall be notified through Kenya Gazette notices
as per Standing Order 26 of County Assembly Standing
Orders.
Dated the 15th February, 2021.
KAMAU AID!,
MR/1663577 Clerk of the County Assembly.
19th February, 2021
THE KENYA GAZE Fl E 79
GAZETTE Nal R:E Nc. 16; i
THE PUBLIC OFFICER ETHICS ACT
o.4 of 2003)
IN EXERCISE of the power conferred by section ';1(1 cf the
Public Officer Ethics Act. 2003, the flaiinip.) C)c”z3 Assiembly
Service Board establishes the following administrative. Proertdnre:
THE BARINGO COUNTY ASSEMBLY SERVICE BOARD •
PROCEDURES FOR ADMINISTRATION OF PART IV OF THE
ACT
PART I —PRELIMINARY
Citation
1. These Procedures may be cited as the Baring() County
Assembly Service Board Procedures for Administration of Part IV of
the Act.
Interpretation
2. In these Procedures, unless the context otherwise requires:-
"Act" means the Public Officer Ethics Act, 2003;
"Board" means the Baring() County Assembly Service Board
established in accordance with section 12 of the County Government
Act, 2012;
"Commission" means the Ethics and Anti-Corruption Commission
established under section 3 of the Ethics and Anti-Corruption
Commission Act, 2011;
"Declarant" means a person who has made a declaration under the
Act;
"Declaration form" means the form set out in the Schedule to the
Act in accordance with section 26(2) of the Act;
"Declaration year" means the year when the two-year declaration
under the Act falls due;
"Designated Officer" means an employee of the Board assigned to
administer these Procedures or any part thereof in accordance with
clause 4 (2) of these Procedures;
"Employee" means a public officer employed by the Board;
"Final declaration" means a declaration made in accordance with
section 27(5) of the Act;
"Initial declaration" means a declaration made in accordance with
section 27(3) of the Act;
"Public Officer" shall take the meaning in Article 260 of the
Constitution of Kenya, 2010;
"Regulations" means the Regulations made under the Act;
"Secretary" means the Clerk of the County Assembly or in absence
of the Clerk, the person exercising the functions of the clerk in
accordance with section 2 of the County Assembly Service Act, 2017;
"Two-year declaration" means a declaration made in accordance
with section 26(1) of the Act.
Scope of Application
3. These Procedures shall apply to the administration of Part IV
of the Act with respect to employees of the Board.
PART II—PROCEDURE IN RELATION TO DECLARATIONS
Administration of the Procedures
4. (1) The Secretary shall administer these Procedures on behalf
of the Board.
(2) The Secretary may designate officer(s) from among the
employees of the Board to administer the Procedures or any part
thereof in respect to any specified category of employees of the Board.
(3) The designation under sub-paragraph (2) shall be in writing and
shall outline the specific tasks to be performed by the Designated
Officer.
Procedure in Submitting Declarations
5. (1) An employee shall submit a declaration in the Form set out
in the Schedule to the Act.
792 THE KEN Y A GAZETTE 19th February, 2021
(2) The Board may use such measures as may be appropriate to
facilitate an employee to acquire the form referred to in sub-paragraph
(I).
(3) The Board may publish the declaration form in a format that
may permit the declaration form —
(a) to be rendered in digital format; or
(b) to be downloaded from a website and printed out in paper
format.
(4) Where an employee is required to make an initial, two—year or
final declaration, the Secretary or Designated Officer may issue a
notification to the employee not less than thirty (30) days before the
due data for the declaration.
(5) For avoidance of doubt, failure to provide a declaration form or
to issue a notification under this paragraph shall not be construed as a
waiver of the responsibility of the employee to submit a declaration
under the Act.
Completion and Submission of Declarations
6. (1) An employee shall complete and submit the declaration
form to the Secretary.
Register of Declarations
7. (1) The Board shall maintain a register containing details of
each employee who is required to make a declaration in accordance
with the Act. The register shall include—
(a) name; personal number; designation; directorate; department
or unit;
(b) date the employee submitted the declaration form:
(c) type of declaration (initial, tow-year or final);
(d) name and signature of the designated officer acknowledging
receipt of the declaration;
e) total number of employees who have submitted declarations
a s at the due date;
total number of employees required to submit declarations;
and
(g) any remarks relating to the declarations.
(2) A register under this part may be maintained in separate
documents.
Reports on Compliance
8. (1) The Board shall submit to the Commission a report
containing the following information--
(a) In relation to two-year declaration —
(i) the number of employees on the payroll as at 31s t
October of the year of declaration;
(ii) a certified copy of the register maintained in accordance
with paragraph 6;
(iii) the total number of employees who have complied with
the requirement for declarations:
(iv) the total number of employees who have not complied
with the requirement for declarations;
(v) action taken by the Board in relation to any employee
who has not complied; and
(vi) any relevant remarks on the submissions.
(h) In relation to the initial and final declaration
(i) number of employees required to make a declaration;
(ii) the number of employees who have complied with the
requirement for declaration;
(iii) number of employees who have not complied with the
requirement for declarations;
(iv) action taken in relation to any employee who has not
complied; and
(v) any relevant remarks on the submissions.
2. The report under this part shall--
(a) in relation to a two-year declaration, be submitted to the
Commission, not later than 31st July, of the year following the
declaration;
(h) In relation to initial and final declarations, be submitted to the
Commission not later than 31st July following the end of the
financial year within which the declarations were made.
PART III—PROCEDURE IN RELATION TO CLARIFICATIONS
Requests lbr Clarification
9. 1. The Secretary or the Designated Officer shall review each
declaration to ascertain if any of the following conditions exist —
(a) on the face of the declaration, or in light of any other
information the Board may have, there is reason to suspect the
declaration may be false or incomplete;
(h) the assets of the declarant appear disproportionate to his or her
known income;
(c) the income, assets or liabilities of the declarant raise concerns
of impropriety or conflict of interest.
(2) If it is suspected that any of the conditions in subparagraph (I)
exist, the Secretary or Designated Officer shall give the declarant an
opportunity to make a clarification in accordance with section 280) of
the Act.
(3) Request for a clarification shall be made in writing.
(4) The Secretary or Designated Officer shall, in the register of
declarations, document the particulars of clarification sought, the mode
of communication, the time given to respond, the date and particulars
of response, if any.
(5) If no explanation is given, or if after considering any
explanation the declarant may give, the Secretary or Designated
Officer is of the opinion that the conditions in subparagraph (1) (b)
still exist, the Secretary or Designated Officer may, in addition to any
other action including investigations and commencement of civil
proceedings, take disciplinary or other appropriate action against the
employee.
PART IV—PROCEDURE FOR THE ACCESS OR PUBLICATION
OF INFORMATION IN A DECLARATION
Access and Publication of Information in a Declaration
10. (I) The Board or any other person shall not disclose, access,
acquire or publish the information in the declaration form except as
may be provided in the Act, the Regulations, these Procedures, or any
other written
(2) A person who wishes to gain access or to publish information in
relation to a declaration under the Act shall—
(a) apply to the Board in the form set out in Appendix I; and
(h) demonstrate to the Board that he or she has a legitimate interest
in the information; and
(c) demonstrate to the Board that the access to or publication of
that information shall be for a good cause and in furtherance of
the objectives of the Act.
(3) Where the information is intended to be disclosed or
publicized, the applicant shall expressly state so in the application.
(4) Where a person has made an application to the Board in
accordance with this paragraph —
(a) the Board shall issue the applicant with an acknowledgement in
the form set out in Appendix II;
(b) the Board shall inform the declarant of the application in
writing:
(c) the Board shall give the declarant an opportunity to make a
representation in writing in relation to the application Within 14
days, and
(d) the Board shall take into consideration the representation by
the public officer while determining the application.
19th February, 2021 THE KENYA GAZETTE 793
(5) The Board shall determine an application made in accordance
with this paragraph and communicate its decision in writing to the
applicant within thirty (30) days of receipt of the application.
(6) For the avoidance of doubt, the Board shall not release or part
with the original declaration made by any employee in satisfying the
requirement of this paragraph, unless required for investigation by a
law enforcement agency or by any written law.
PROVIDED that where an original declaration is released under 10 (4)
above the Board shall always retain a certified copy of the declaration.
(7) The Board shall maintain a register of applications and
decisions made under this paragraph setting out —
(a) the name of each applicant;
(b) the date each application was received;
(c) the name and personal number of the employee who is the
subject of the application;
(d) the department or other unit to which the employee belongs;
(e) a brief description of the information applied for;
(f) whether the employee accepts or opposes to the information
applied for;
(g) a brief description of the decision made in relation to the
application including reasons for denial where applicable; and
(h) date when the decision was communicated to the applicant.
Access by Declarant
11. An Application for access by an employee to his or her
declaration may be determined by the Secretary.
Proof of Identity
12. The Board shall not give access to the information in a
declaration to—
(a) the employee unless the employee proves his or her identity; or
(b) a representative of the employee unless that representative —
(i) provides proof of his or her authority to act as a
representative of the employee; and
(ii) provides proof of identity of the employee.
Decision to be Final
13. (1) Except as provided under the Act, Regulations and these
Procedures, the decisions of the Board in relation to a declaration by
an employee shall be final.
(2) Any person dissatisfied with the decision may appeal in
accordance with the procedures set out in the Public Officer Ethics
(Management, Verification, and Access to Financial Declarations)
Regulations, 2011.
Regulations to Apply to this Part
14. This part shall be read and construed together with the Public
Officer Ethics (Management, Verification, and Access to Financial
Declarations) Regulations, 2011.
PART V —PROCEDURE IN RELATION TO STORAGE AND
RETENTION OF DECLARATION FORMS
Mechanisms for Storage, Retention and Retrieval
15. (1) The Board shall ensure that appropriate mechanisms are put
in place for the safe and secure storage, retention and easy retrieval of
the declarations
(2) The mechanisms established under sub-paragraph (1) may
include manual, electronic, microfilm or any other form as the Board
may consider appropriate.
Cessation of Retention of Information
16. (1) Where the period for retaining information obtained in
accordance with Part IV of the Act has lapsed, the Board shall
determine the action to be taken in relation to that information.
(2) The Secretary may make a written proposal to the Board in
relation to the action to be taken by the Board in accordance with sub-
paragraph (1).
PART VI—GENERAL PROVISIONS
Powers of the Board
17. (1) Notwithstanding delegation of any function or power by the
Board for the purposes of these Procedures, the Board may —
(a) exercise the delegated power or perform the delegated
function; or
(h) on its own motion or request by any person, revise a
decision of the Secretary made for the purposes of these
Procedures.
(2) The Board may from time to time review the operational
procedures put in place by the secretary in the application of these
procedures.
Matters not covered by these Procedures
18. The Board may issue written instructions in relation to any
matter that has not been provided for in these procedures.
Representations to the Board
19. The Board may consider representations from any person in
the application of these Procedures.
Review
20. (1) The Board may from time to time review the operational
arrangements put in place by the Secretary in the application of these
Procedures.
(2) The Board may review these Procedures from time to time as
may be necessary.
APPENDIX I
REQUEST TO ACCESS A DECLARATION OR CLARIFICATION
Note: A separate form to be completed in respect of a request for
information for each declarant.
Part 1 —Information on Applicant
1. Name
2. National Identity Card/Passport Number
3. Postal Address
4. Physical Address
5. E-mail Address
6. Occupation
Part II—Particulars of Information Applied for
a) Nature of Information (please tickappropriately)
1. Declaration ( )
2. Clarification ( )
3. Declaration and Clarification ( )
b) Declaration period
Part III—Information on the Person whose declaration is sought to be
obtained:
(a) Name
(b) Directorate/Department (if known)..
(c) Work Station
(d) Reason for requiring the information:-
(i) Official
(ii) Other reason
(e) State precisely the purpose for which the declaration sought
will be used
Part IV—Additional Information
Give any other information you may consider relevant and useful to
your request
Part V —Declaration by Applicant
solemnly declare
that the information I have given above is true, complete and correct to
the best of my knowledge.
Date:
Signature of Applicant
APPENDIX II
ACKNOWLEDGEMENT OF REQUEST FOR ACCESS FOR A
DECLARATION OR CLARIFICATION
Name of Applicant
National Identity Card/Passport Number
Name of Organization (where applicable)
Postal Address
Date of Application
Delivered by
Signature
A response on this request will be communicated within thirty (30)
days from the date of this acknowledgement.
Name of Receiving Officer
Signature
Date
Stamp:
MR/1421255
G VI I NOTICE No. 1672
THE PUBLIC OFFICER ETHICS ACT
(No. 4 of 2003)
IN EXERCISE of the powers conferred by section 33 ( 1 ) of the
Public Officer Ethics Act, 2003, the Baring() County Assembly Powers
and Priviledges Committee establishes the following administrative
Procedures:
THE BARINGO COUNTY ASSEMBLY POWERS AND
PRIVILEDGES COMMITTEE PROCEDURES FOR
ADMINISTRATION OF PART IV OF THE ACT
PART I--PRELIMINARY
Citation
1. These Procedures may be cited as the Baringo County
Assembly Powers and Priviledges Committee Procedures for
Administration of Part IV of the Act.
Interpretation
2. In these Procedures, unless the context otherwise requires —
"Act" means the Public Officer Ethics Act, 2003;
"Commission" means the Ethics and Anti-Corruption Commission
established under section 3 of the Ethics and Anti-Corruption
Commission Act, 2011;
"Committee" means the County Assembly of Baring() Powers and
priviledges Committee established in accordance with Standing Order
No. 196 of the County Assembly of Baring() Standing Orders;
"Declarant" means a person who has made a declaration under the
Act;
"Declaration form" means the form set out in the Schedule to the
Act in accordance with section 26(2) of the Act;
"Declaration year" means the year when the two-year declaration
under the Act falls due;
"Designated Officer" means a state officer of the assembly
assigned to administer these Procedures or any part thereof in
accordance with clause 4 (2) of these Procedures;
"Final declaration" means a declaration made in accordance with
section 27 (5) of the Act;
-Initial declaration" means a declaration made in accordance with
section 27 (3) of the Act;
"Public Officer" shall take the meaning in Article 260 of the
Constitution of Kenya, 2010;
"Regulations" means the Regulations made under the Act;
-Secretary" means the Clerk of the County Assembly of Baringo
or in absence of the Clerk, the person exercising the functions of
secretary to the Committee;
"State Officer" means a member of the County Assembly or other
State officer serving in the County Assembly;
"Two-year declaration" means a declaration made in accordance
with section 26 ( ) of the Act.
Scope of Application
3. These Procedures shall apply to the administration of Part IV
of the Act with respect to State Officers serving in the County
Assembly.
PART Il —PROCEDURE 1N RELATION TO DECLARATIONS
Administration of the Procedures
4. ) The Secretary shall administer these Procedures on behalf
of the Committee.
(2) The Secretary may designate officer (s) from among State
Officers of the County Assembly Service Board to administer the
Procedures or any part thereof in respect to any specified category of
employees of the State Officers;
(3) The designation under sub-paragraph (2) shall be in writing and
shall outline the specific tasks to be performed by the Designated
Officer.
Procedure in Submitting Declarations
5. (I) A State Officer shall submit a declaration in the Form set
out in the Schedule to the Act.
(2) The Committee may use such measures as may be appropriate
to facilitate an State Officer to acquire the form referred to in sub-
paragraph (1).
(3) The Committee may publish the declaration form in a format
that may permit the declaration form—
(a) to he rendered in digital format; or
19th February, 2021 THE KENYA GAZETTE 795
(h) to be downloaded from a website and printed out in paper
format.
(4) Where a State Officer is required to make an initial, two—year
or final declaration, the Secretary or Designated Officer may issue a
notification to the employee not less than thirty (30) days before the
due date for the declaration.
(5) For avoidance of doubt, failure to provide a declaration form or
to issue a notification under this paragraph shall not be construed as a
waiver of the responsibility of the State Officer to submit a declaration
under the Act.
Completion and Submission of Declarations
6. (1) A State Officer shall complete and submit the declaration
form to the Secretary.
Register of Declarations
7. (1) The Committee shall maintain a register containing details of
each employee who is required to make a declaration in accordance
with the Act. The register shall include —
(a) name; personal number; designation; directorate; department or
unit;
(b) date the employee submitted the declaration form;
(c) type of declaration (initial, tow-year or final);
(d) name and signature of the designated officer acknowledging
receipt of the declaration;
(e) total number of employees who have submitted declarations as
at the due date;
(f) total number of employees required to submit declarations; and
(g) any remarks relating to the declarations.
(2) A register under this part may be maintained in separate
documents.
Reports on Compliance
8. (1) The Committee shall submit to the Commission a report
containing the following information —
(a) In relation to two-year declaration —
(i) the number of employees on the payroll as at 31st October
of the year of declaration;
(ii) a certified copy of the register maintained in accordance
with paragraph 6;
(iii) the total number of State Officers who have complied with
the requirement for declarations;
(iv) the total number of State Officers who have not complied
with the requirement for declarations;
(v) action taken by the Board in relation to any employee who
has not complied; and
(vi) any relevant remarks on the submissions.
(h) In relation to the initial and final declaration —
(i) number of State Officers required to make a declaration;
(ii) the number of State Officers who have complied with the
requirement for declaration;
(iii) number of State Officers who have not complied with the
requirement for declarations;
(iv) action taken in relation to any State Officer who has not
complied; and
(v) any relevant remarks on the submissions.
(2) The report under this part shall —
(a) in relation to a two-year declaration, be submitted to the
Commission, not later than 31st July, of the year following the
declaration;
(b) in relation to initial and final declarations, be submitted to the
Commission not later than 31st July following the end of the
financial year within which the declarations were made.
PART III—PROCEDURE IN RELATION TO CLARIFICATIONS
Requests for Clarification
9. (1) The Secretary or the Designated Officer shall review each
declaration to ascertain if any of the following conditions exist —
(a) on the face of the declaration, or in light of any other
information the Board may have, there is reason to suspect the
declaration may be false or incomplete;
(b) the assets of the declarant appear disproportionate to his or her
known income;
(c) the income, assets or liabilities of the declarant raise concerns
of impropriety or conflict of interest.
(2) If it is suspected that any of the conditions in subparagraph (1)
exist, the Secretary or Designated Officer shall give the declarant an
opportunity to make a clarification in accordance with section 28(1) of
the Act.
(3) Request for a clarification shall be made in writing.
(4) The Secretary or Designated Officer shall, in the register of
declarations, document the particulars of clarification sought, the mode
of communication, the time given to respond, the date and particulars
of response, if any.
(5) If no explanation is given, or if after considering any
explanation the declarant may give, the Secretary or Designated
Officer is of the opinion that the conditions in subparagraph (1) (b)
still exist, the Secretary or Designated Officer may, in addition to any
other action including investigations and commencement of civil
proceedings, take disciplinary or other appropriate action against the
State Officer.
PART IV— PROCEDURE FOR THE ACCESS OR PUBLICATION
OF INFORMATION IN A DECLARATION
Access and Publication of Information in a Declaration
10. (1) The Committee or any other person shall not disclose,
access, acquire or publish the information in the declaration form
except as may be provided in the Act, the Regulations, these
Procedures, or any other written law.
(2) A person who wishes to gain access or to publish information
in relation to a declaration under the Act shall—
(a) apply to the Committee in the form set out in Appendix I; and
(b) demonstrate to the Committee that he or she has a legitimate
interest in the information; and
(c) demonstrate to the Committee that the access to or publication
of that information shall be for a good cause and in furtherance
of the objectives of the Act.
(3) Where the information is intended to be disclosed or
publicized, the applicant shall expressly state so in the application.
(4) Where a person has made an application to the Board in
accordance with this paragraph —
(a) the Committee shall issue the applicant with an
acknowledgement in the form set out in Appendix II;
(b) the Committee shall inform the declarant of the application in
writing;
(c) the Committee shall give the declarant an opportunity to make
a representation in writing in relation to the application within
fourteen (14) days; and
(d) the Committee shall take into consideration the representation
by the public officer while determining the application.
(5) The Committee shall determine an application made in
accordance with this paragraph and communicate its decision in
writing to the applicant within thirty (30) days of receipt of the
application.
(6) For the avoidance of doubt, the Committee shall not release or
part with the original declaration made by any employee in satisfying
the requirement of this paragraph, unless required for investigation by
a law enforcement agency or by any written law.
PROVIDED that where an original declaration is released under 10(4)
above the Board shall always retain a certified copy of the declaration;
(7) The Committee shall maintain a register of applications and
decisions made under this paragraph setting out —
(a) the name of each applicant;
(b) the date each application was received;
(c) the name and personal number of the State Officer who is the
subject of the application;
(d) the department or other unit to which the State Officer belongs:
(e) a brief description of the information applied for;
(f) whether the State Officer accepts or opposes to the information
applied for;
(g) a brief description of the decision made in relation to the
application including reasons for denial where applicable; and
(h) date when the decision was communicated to the applicant.
Access by Declarant
11. An application for access by an State Officer to his or her
declaration may be determined by the Secretary.
Proof of Identity
12. The Committee shall not give access to the information in a
declaration to—
(a) the State Officer unless the employee proves his or her identity;
or
(b) a representative of the State Officer unless that
representative —
(i) provides proof of his or her authority to act as a
representative of the State Officer; and
(ii) provides proof of identity of the State Officer.
Decision to he Final
13. (1) Except as provided under the Act, Regulations and these
Procedures, the decisions of the Committee in relation to a declaration
by a State Officer shall be final.
(2) Any person dissatisfied with the decision may appeal in
accordance with the procedures set out in the Public Officer Ethics
(Management, Verification, and Access to Financial Declarations)
Regulations, 201 I .
Regulations to Apply to this Part
14. This part shall be read and construed together with the Public
Officer Ethics (Management, Verification and Access to Financial
Declarations) Regulations, 2011.
PART V —PROCEDURE IN RELATION TO STORAGE AND
RETENTION OF DECLARATION FORMS
Mechanisms for Storage, Retention and Retrieval
15. (I) The Committee shall ensure that appropriate mechanisms
are put in place for the safe and secure storage, retention and easy
retrieval of the declarations.
(2) The mechanisms established under sub-paragraph (1) may
include manual, electronic, microfilm or any other form as the Board
may consider appropriate.
Cessation of Retention of Information
16. (1) Where the period for retaining information obtained in
accordance with Part IV of the Act has lapsed, the Committee shall
determine the action to be taken in relation to that information.
(2) The Secretary may make a written proposal to the Committee
in relation to the action to be taken by the Board in accordance with
sub-paragraph (1).
PART VI—GENERAL PROVISIONS
Powers of the Board
17. (1) Notwithstanding delegation of any function or power by the
Committee for the purposes of these Procedures, the Committee
may —
(a) exercise the delegated power or perform the delegated
function; or
(b) on its own motion or request by any person, revise a decision
of the Secretary made for the purposes of these Procedures.
(2) The Committee may from time to time review the operational
procedures put in place by the secretary in the application of these
procedures.
Matters not covered by these Procedures
18. The Committee may issue written instructions in relation to
any matter that has not been provided for in these procedures.
Representations to the Board
19. The Committee may consider representations from any person
in the application of these Procedures.
Review
20. (1) The Committee may from time to time review the
operational arrangements put in place by the Secretary in the
application of these Procedures.
(2) The Committee may review these Procedures from time to time
as may be necessary.
APPENDIX I
REQUEST TO ACCESS A DECLARATION OR CLARIFICATION
Note: A separate form to he completed in respect of a request for
information for each declarant.
Part —Information on Applicant
1. Name
2. National Identity Card/Passport Number
3. Postal Address
4. Physical Address
5. E-mail Address
6. Occupation
Part II: Particulars of Information Applied for
a) Nature of Information (please tickappropriately)
1. Declaration ( )
2. Clarification ( )
3. Declaration and Clarification ( )
b) Declaration period
Part III—Information on the Person whose declaration is sought to be
obtained:
(a) Name
(b) Directorate/Department (if known)
(c) Work Station
(d) Reason for requiring the information —
(i) Official
(ii) Other reason
(e) State precisely the purpose for which the declaration sought
will be used
19th February, 2021 THE KENYA GAZETTE 797
3. The JSC having reviewed the applications for completeness
and conformity with the requirements as set out in the advertisement,
shortlisted ten (10) candidates for the post of Chief Justice and nine (9)
candidates for the post of Judge of the Supreme Court respectively.
4. It is notified for general information that the JSC will be
conducting interviews for the posts of Chief Justice and Judge of the
Supreme Court from the 12th to 30th April, 2021, at the Supreme
Court of Kenya Building, Taifa Road/City Hall Way, Nairobi.
Part IV—Additional Information
Give any other information you may consider relevant and useful to
your request
Part V— Declaration by Applicant
, solemnly declare
that the information I have given above is true, complete and correct to
the best of my knowledge.
Date:
Signature of Applicant
APPENDIX II
ACKNOWLEDGEMENT OF REQUEST FOR ACCESS FOR A
DECLARATION OR CLARIFICATION
Name of Applicant
National Identity Card/Passport Number
Name of Organization (where applicable)
Postal Address
Date of Application
Delivered by
Signature
A response on this request will be communicated within thirty (30)
days from the date of this acknowledgement.
Name of Receiving Officer
Signature
Date
Stamp:
MR/14212855
Dated the 17th February, 2021.
JAMES M. IRER1,
or ler k r,J the C ow/iv .4 ein,,,,/v, GAZE GE NOTICE No. 1669.
Extracted Entities (1)
previous_gazette_ref
1668
Details
- Act / Legislation
- the information of the general public that pursuant to the provisions of the Standing Order
- Reference
- No. 4 of 2003
- Section
- section 12
- Signed By
- JAMES M. IRER1
- Title
- or ler k r,J the C ow/iv .4 ein,,,,/v, GAZE GE NOTICE No. 1669
- Date Signed
- 17th February 2021
- Page
- 40
- Extraction Method
- regex
Source Gazette
Vol. CXXIII No. 33
Published 15th January 2021