GAZETTE NOTICE NO. 6545

IN EXERCISE of powers conferred by section 5 (1) of the Public Officer Ethics Act, 2003, Tharaka Nithi County Public Service Board makes the following Code of Conduct and Ethics— 2nd July, 2021 THE COUNTY PUBLIC SERVICE CODE OF CONDUCT AND ETHICS, 2029 PART 1—PRELIMINARY Citation 1. This Code of Conduct and Ethics may be cited as Tharalta Nithi County Public Service Code of Conduct and Ethics, 2020. and shall come into operation on such date as the Board may appoint by notice in the Gazette. Application 2. This Code shall apply to all public officers for whom the Board is the responsibleBoard. Interpretation 3.1n this Code, unless the context otherwise requires— "authorized officer" means an officer of a public entity responsible for the discipline of public officers serving in that public entity; "Board" means the County Public Seivice Board established under Article 235 (1) of the Constitution and section 57 of the County Government Act, 2012; "gainful employment" means employment that a public officer pursues or performs for money or for other compensation or remuneration which is incompatible with the responsibilities of his or her office or which results in the impairment of his or her judgment or results in a conflict of interest; "harambee" means the public collect= of funds; "Member" means the Chairperson, Vice-chairperson or a member of the Board; "public officer" means a public officer as defined in Article 260 of the Constitution; and "Secretary" means the Secretary and chief executive officer of the Board. General Objective 4. The general objective of the Code is to give effect to the provisions of Chapter Six of the Constitution. Specific Objectives 5. The specific objectives of this Code shall include — (a) to ensure accountability by a public officer for his or her decisions or actions; (b) to promote discipline; (c) to promote honesty; (d) to provide mechanisms for the management of conflicts of interest; (e) to protect the integrity of the public service; and (j) to provide a framework for reporting of misconduct by a public officer. PART II—SPECIFIC CODE OF CONDUCT AND ETHICS FOR PUBLIC OFFICERS Professional Statutory Codes to be Binding 6. A public officer, who is a professional in the public service, shall be bound by, and observe, the professional code of conduct he or she might be required to subscribe to. Rule of Law 7. A public officer shall carry out his or her duties in accordance with the law. Performance and Duties 8. A public officer shall be responsible for the reasonably foreseeable consequences of any acts or omissions arising from the performance of his or her duties. Performance of Duties 9. A public officer shall — (a) carry out his or her duties efficiently and honestly; (b) carry out his or her duties in a transparent and accountable manner; (c) keep accurate records and documents relating to his or her duties; (d) notbe absent from duty without official permission; and (e) not engage in priv ate business during official working hours . Professionalism 10. A public officer shall — (a) carry out his or her duties in a manner that protects the integrity of his or her office; (b) treat members of the public and other public officers with courtesy and respect; (c) not discriminate against any person; (d) ensuretheefficient,effective andeconomic useofresources in his or her charge; (e) be accountable for his or her administrative acts; (f) maintain an appropriate standard of dress and personal hygiene; (g) discharge any professional responsibilities in a professional manner; and (h) where the public officer is a member of a professional body, observe and subscribe to the ethical and professional requirements of that body: Provided that those ethical and professional requirements shall not contravene the Constitution, this Code or any other written law. Professionalism 11. A public officer shall conduct private affairs in a manner that maintains public confidence in his or herintegrity. 12,(1) A public officer shall not use his or her office to unlawfully or wrongfully enrich himself, herself or any other person. (2) A public officer shall not seek or accept a personal loan or benefit that may compromise his or her integrity. (3) A public officer shall live within his or her means and shall not incur any financial liability that he or she cannot satisfy. Tax, Finances and Legal Obligations 13. (1) A public officer shall pay any taxes due from him or her within the prescribed period. (2) A public officer shall not neglect his or her financial or legal obligations. Moral and Ethical Requirements 14. A public officer shall— (a) be honest in the conduct of publicaffairs; (b) notengage inactiv itiesthatamount toabu se of office; (c) accurately and honestly present information to thepublic; (d) not engage in wrongful conduct in furtherance of personal benefit; (e) not misuse public resources; (f) not falsify any records; and (g) not engage in actions that may lead to his or her removal from the membership of a professional body to which he or she may belong. Gifts and Benefits in Kind 15. (1) A gift or donation given to a public officer in his or her official capacity shall be treated as a gift or donation to his or her office. (2) Notwithstanding sub-paragraph (1), a public officer may receive a gift given in his orher official capacity provided that — (a) the gift is within the ordinary bounds of propriety; (b) the gift is an ordinary expression of courtesy or protocol, or within the ordinary standards of hospitality; (c) the gift is not in monetary form; and (d) the gift does not exceed such value as may be prescribed by the Ethics and Anti-Corruption Commission. (3) Without limiting the generality of sub-paragraph (2), a public officer shall not — (a) accept or solicit gifts, hospitality or other benefits from a person who: (i) has an interest that may be achieved by the carrying out or not carrying out of the public officer's duties; (ii) carries on regulated activities with respect to which the public entity has a role; or (iii) has a contractual or legal relationship with the public entity; (b) accept or offer gifts of jewelry or other gifts comprising precious metals or stones, ivory or any other animal part protected under the Convention on International Trade in Endangered Species of Wild Fauna and Flora;or (c) any other type of gift specified by the Ethics and Anti- Corruption Commission. (4) A public officer shall not receive a gift which is given with an intention of compromising his or her integrity, objectivity or impartiality. (5) Subject to sub-paragraph (2), a public officer who receives a gift or donation shall declare the gift or donation to the public entity. (6) Whereas a public officer can accept gifts dictated by custom such gifts shall not be given or accepted in the publicoffice. (7) The public entity shall keep a register in the form set out in the Second Schedule to this Code of— (a) all gifts received by public officers in that public entity; and (b) all gifts given by the public entity. (8) The public entity shall comply with the Ethics and Anti- Corruption Commission Regulations on the receiving and disposal of gifts. Wrongful and unlawful acquisition of Property 16. A public officer shall not use his or her office to wrongfully or unlawfully acquire or influence the acquisition of property. Conflict of Interest 17. (1) A public officer shall use the best efforts to avoid being in a situation where that public officer's personal interests' conflict with or appear to conflict with the officer's official duties. (2) Without limiting the generality of sub-paragraph (1), a public officer shall not hold shares or have any other interest in a company, partnership or other body, directly or through another person, if the holding of those shares or having that interest would result in aconflict with his or her official duties. (3) A public officer whose personal interests are or may be in conflict with his or her official duties shall declare those personal interests to the publicentity. (4) The public entity may give directions on the appropriate action to be taken by the officer to avoid the conflict of interest and the officer shall— (a) comply with the directions; and (b) refrain from participating in any deliberations with respect to the matter. (5) Notwithstanding any directions to the contrary under sub- paragraph (4), a public officer shall not award or influence the award of a contract to— (a) himself or herself; (b) his or her spouse or child; or (c) a business associate oragent. (6) In this paragraph, a "conflict of interest" includes the interest of a spouse, a child, a business associate or an agent, or any other matter in which the public officer has a direct or indirect pecuniary or non- pecuniary interest. (7) Where a public officer is present at a meeting where an issue that is likely to result in a conflict of interest is to be discussed, he or she shall declare the interest at the beginning of the meeting or before the issue is deliberated upon. (8) A declaration of a contlict of interest under sub-paragraph (7) shall be recorded in the minutes of that meeting. (9) The public entity shall maintain a register of conflicts of interest in the form set out in the Third Schedule to this Code in which an affected officer shall register the particulars of registrable interests, stating the nature and extent of the conflict. (10) For the purposes of sub-paragraph (9), the registrable interests include the interests set out in the First Schedule to this Code. (11) The public entity shall keep the register of conflicts of interests for five years after the last entry in each volume of the register. (12) A public officer shall amend the record of his or her registrable interest in the register maintained under sub-paragraph (9) whenever there is a change in those registrable interest and such an amendment shall be made within thirty days of the change in the conflict of interest. Participation in Tenders 18. A public officer shall riot, in his or her private capacity, participate in a tender for the supply of goods or services to the public entity in which he/she serves. Collections and Harambee 19. (1) A public officer shall not — (a) use his or her office or place of work as a venue for soliciting or collecting harambees; (b) either as a collector or a promoter of collection harambee, obtain money or other property from a person by using his or her official position in any way to exertpressure; (c) preside at a harambee, or play a central role in the organization of a harambee, or appear as a guest of honour at a harambee; or (d) participate at a harambee in such a way as to reflect adversely on his integrity or impartiality or interfere with the performance of his or her duties. (2) For the purposes of this rule, "collection", "collector" and "promoter" have the same meanings as are assigned to them in section 2 of the Public Collections Act. Bank Account Outside Kenya 20. A public officer shall not maintain a bank account outside Kenya except with the approval of the Ethics and Anti-Corruption Commission or in accordance with any written law. Acting for Foreigners 21. A public officer shall not be an agent of, or further the interests of a foreign government, organization or individual in a manner that may be detrimental to the interests of Kenya. Care of Property 2nd July, 2021 THE KENYA GAZETTE 2931 22. (1) A public officer shall take all reasonable steps to ensure that any public property in his or her custody, possession or control is taken care of and is in good repair andcondition. (2) A public officer shall not use public property, funds or services that are acquired in the course of, or as a result of, the official duties for activities for which they were notintended. (3) A public officer shall return to the issuing authority all the public property in hisor her custody , possession or control atthe end of his- or her appointment or employment. (4) A public officer who contravenes sub-paragraph (2) or (3) shall, in addition to any other penalties . provided for under the Constitution or any other written law, be personally liable for any loss or damage of the public polFertY • Misuse of Official Information 23. (1) A public officer shall not 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 to the public, for the furthering of any private interest. (2) Sub-paragraph (1) shall not apply where the information is used for— (a) furthering the purposes of this Code; or (b) education, research, literary, scientific or other purposes not prohibited bylaw. (3) Notwithstanding the generality of sub-paragraph (1), a public officer shall take all reasonable steps to ensure that confidential or secret information or documents entrusted to his or her care are adequately protected from improper or inadvertent disclosure. Political Neutrality 24. (1) A public officer shall not, in the performance of his or her duties — (a) act as an agent for, or further the interests of, a political partyor a political candidate at an election; or (b) manifest support for, or opposition to, any political party or political candidate at an election. (2) A public officer shall remain politically neutral during his or- her term of employment. (3) Without prejudice to the generality of sub-paragraph (2) a public officer shall not- (a) engage in the activities of any political party or political candidate or act as an agent of a political party or a political candidate at an election; or (b) publicly indicate support for or opposition against any political party or political candidate at an election. Impartiality 25. A public officer shall — (a) at all times carry out his or her duties with impartiality and neutrality; and (b) not practice favoritism, nepotism, tribalism, cronyism, religious bias or any other kind of bias or discrimination, or engage in crime or unethical practices. Gainful Employment 26. A public officer who is serving on a full-time basis shall not participate in any other gainful employment during his term of employment. Offers of Future Employment 27. (1) A public officer shall not be influenced in the performance of his or her duties by plans or expectations for or offers of future employment or benefits from any person. (2) A public officer shall disclose in writing to the public entity all offers of future employment or benefits that may place him or her in a situation of a conflict of interest. Former Public Officer acting in a Government or Public Entity Matter 28. A former public officer shall not be engaged by or act for a person or in a manlier in which the former offieer was originally engaged in as an officer of the public entity for at least two years after his or her employment with the public entity ends. Bullying 29. (1) A public officer shall not bully any person. (2) For the purposes of sub-paragraph (1), "bullying" shall include offensive behavior which is vindictive, cruel, malicious or humiliating and which is intended to undermine another person. Sexual Harrastnent 30. (1) A public officer shall riot sexually harass a member of the public or another public officer. (2) For the purposes of sub-paragraph (1), "sexual harassment" shall include — (a) making a request or exerting pressure for sexual activity or favours; (b) making intentional or careless_ physical contact that is sexual in nature; or (c) making gestures, noises, jokes or comments including innuendos regarding another person's sexuality. (d) sending of sexually suggestive texts, pictures or videos Submitting of Declarations 31. A public officer shall submit any declaration or clarification required under Part IV of the Public Officer Ethics Act, 2003. Acting through Others 32. (1) A public officer shall not— (a) cause anything to be done through another person that would constitute a contravention of any provision of this Code if such thing was clone by the officer; or (b) allow or direct a person under his or her supervision or control to do anything that would be in contravention of this Code. (2) Sub-paragraph (1)(b) shall not apply where anything is done without the officer's knowledge or consent, or where the officer has taken reasonable steps to prevent the doing of that thing. (3) A public officer who acts under an, unlawful direction shall be personally responsible for his or heracts. Reporting Improper Orders 33. (I) Where a public officer considers that anything required of him or her is a contravention of this Code or is otherwise improper or unethieaLtheofficershallreportthemattertotheauthorizedofficer. (2) The, authorized officer shall investigate the matter reported under sub-paragraph (1) and take appropriate action within ninety days of receiving the report. PART III—ENFORCEMENT OF THE CODE OF CONDUCT AND ETHICS FOR OFFICERS IN THE PUBLIC SERVICE. A Public Officer to Sign and Commit to the Code 34. (1) On appointment to a public entity, a public officer shall sign andeommit to this Code in the form set out in the Fourth Schedule to this Code. (2) A public officer who is in service at the time of the coming into force of this Code shall sign and commit to this Code within seven days of the coming into force of thisCode. Disciplinary Procedure, etc 35. (I) Subject to sub-paragraph (2), a breach of this Code shall be deemed to be an act of misconduct for which the public officer may be subject to disciplinary proceedings. (2) Where an allegation of a breach of this Code has been made against apublic officer in respect of whom the Constitution or a written law provides for the procedure of removal or dismissal, the question of the removal or dismissal of the public officer shall be determined in accordance with the Constitution or that other written law. Lodging of Complaints and Investigations 36. (1) A person who alleges that a public officer has committed a breach of this Code may notify the authorized officer of the public entity and the authorized officer shall register the complaint in the form set out intheFifth ScheduletothisCode and investigate the allegation. (2) The authorized officer may assign any officer or a competent authority to inquire into the allegation and determine whether or not the public officer has contravened this Code. (3) A public officer against whom an allegation has been made under this paragraph shall be informed of the allegation by the authorized officer and shall be given adequate opportunity to challenge the allegation. (4) A person who makes an allegation against a public officer shall be entitled to be informed of any action taken in relation to the allegation. (5) Where an investigation against a public officer under this paragraph has been initiated, and the public officer resigns his or her office before the investigation has been completed, the investigation may be continued even after the resignation of the public officer. (6) Subject to any other written law, a public officer against whom an allegation has been made under this paragraph may be suspended from office while an inquiry is made regarding the allegation. (7) The authorized officer may take disciplinary action against a public officer for the contravention of a provision of this Code. Referral for possible civil or Criminal Proceedings 37. If upon investigation under this Part the authorized officer is of the opinion that civil or criminal proceedings should be preferred against a public officer, the authorized officer shall refer the matter to — (a) the Ethics and Anti-Corruption Commission; (b) the Attorney-General; (c) the Director of Public Prosecutions; or (d) any other competent authority. PART IV—OFFENCES AND PENALTIES Contravention of the Code 38. A public officer who contravenes any provision of this Code shall be liable todisciplinary action as may beprescribed in any written law. Dated the 18th August, 2020. GERALD M. JULIUS, Chairman, County Public Service Board. NABEA J. MUTEMBEI, Secreatry/CEO, County Public Service Board. SCHEDULE REGISTABLE INTERESTS 1. Directorships in public or private companies, whether or not remunerated directly or indirectly. 2. Remunerated employment, including office, trade, professional, or vocational, or in which the public officer has any pecuniary interest. 3. Securities (shares, bonds, debentures or other similar holding) in a company, enterprise or undertaking the aggregate, nominal or market of a value which exceeds the value prescribed by the public entity. 4. Contracts for supply of goods and services to the public entity. 5. Offers of future employment. 6. Shareholdings in public or private companies amounting to a controllinginterest. 7. Landholdings. 8. Gifts, benefits and hospitality, including to a spouse, child, partner or business associate, or other material benefit of a value prescribed by the public entity from a company, organization or person within or outside Kenya which relates to the public office. 9. Pending civil claims against the public officer. 10. Pending criminal charges against the public officer. 11. Citizenship of another country. REGISTER OF GIFTS COUNTY GOVRMENT OF THARAKA NITHI F/Y ......... ....... Name of Officer Name of Person or Entity Giving The Gift Value and Purpose of Gift Date Gift Given Date Recorded in the Register Decision on the Gift for Officer 1 Organizat ion/to Be Returned REGISTER OF DECLARATION OF CONFLICT OF INTEREST COUNTY GOVERNMENT OF THARAKA NITHI F/Y Name of Officer Date Conflict Recorded Business Under Transaction Nature of Conflict Decision on Participation of Officer Signature of Officer Making Declarati on COMMITMENT FORM Name of the Employee Employee Number Department: Job Title. , hereby affirm that I have read, understood, and agree to adhere to the Public Service Code of Conduct and Ethics, 2016, and further affirm that I will comply fully to the extent that it is written. Signature Date REGISTER OF COMPLAINTS NAME OF STATE OFFICE F/Y Name of Person Making Complaint Date of Complaint s Particulars of Officer Organizatio Complaint Complaint Against Nature of Decision Made on the Complaint Particulars and Signature of Officer Attending WI Complaint 2nd July, 2021 On 3rd March, 2021, the DPP returned the inquiry file and advised further investigations be conducted. 2. EACC/MSA/FI/INQ/18/2017 MR/1813832