GAZETTE NOTICE NO. 9181

IN EXERCISE of the powers conferred by section 33 (1) of the Public Officer Ethics Act, 2003, the Meru County Public Service Board establishes the following administrative Procedures: THE MERU COUNTY PUBLIC SERVICE BOARD PROCEDURES FOR ADMINISTRATION OF PART IV OF THE ACT PART I —PRELIMINARY Citation 1. These Procedures may be cited as the Meru County Public 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 Meru County Public Service Board "Commission" means the Ethics and Anti-Corruption Commission established under section 3 of the Ethics and Anti-Corruption Commission-Act No. 22 of 2011 "Declaration form" means the form set out in the Schedule to the Act in accordance with section 26 (2) of the Act "Designated Officer" means an employee of the Board assigned to administer the Procedures or any part thereof in accordance with clause 4 (2) of these Procedures; "Employee" means an employee of 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" has the meaning assigned to it under Article 260 of the Constitution of Kenya, 2010; "Regulations" means the Regulations made under section 42 of the Act; "Secretary" means a person appointed as Secretary to the County Public Service Board in accordance with section 58 (c) of the County Government Act, 2012. "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 Commission. (3) The designation under sub-paragraph (2) shall be in writing and shall outline the specific tasks to be performed by the Designated Officer and the manner in which they shall be performed. Procedure in Submitting Declarations 5. (1) An employee shall submit a declaration in the Form set out in the Schedule to the Act. (2) The Board may use such measures as may be appropriate to facilitate an employee to acquire the form referred to in sub-paragraph (1). (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 M. A, OMULLO, MR/1819803 Land Registrar, Kirinyaga District. 4342 THE KENY A GAZETTE 3rd September, 2021 (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 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 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, two-year or final); fel) 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; (I) 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. (I) 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 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 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. (vi) Any relevant remarks on the submissions. (b) 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: (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 tater than 31st July following the end of the financial year within which the declarations were made. PART'III—PROCRDURE 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 sub-paragraph (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 tune 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 sub-paragraph 10(1) 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. (1) 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 law. (2) A person who wishes to gain access or to publish information in relation to a declaration tinder 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 [I; (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. (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— 3rd September, 2021 THE KENYA GAZETTE 4343 Matters not Covered by these Procedures 18. The Board may issue written instructions in relation to any marter 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 Bolfrd may from time to time review the operational arrangements put in place by the Secretary in the application of these Procedures. (2) The Commission 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 S. E-mail Address 6. Occupation Part II: Particulars of Information Applied for. (a) Nature of Information (please tick) 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 hick Use declaration sought will be used Part IV: Additional information Give any other information you may confides relevant and useful to your request Part V: Declaration by Applicant I. , 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) (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 (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 Board may from time to time review the operational procedures put in place by the secretary in the application of these procedures. C. 28989 C. 101451 CPR/2013/117837 C. 117139 PVT-27U335K C. 97390 PVT-RXU76Y2 PVT-ZQUMRBB C. 115346 CPR/2011/47268 C. 36366 CPR/2012/64812 PVT-V7UVVAA PVT-AAABZA7 C. 119422 CPR/2013/97212 C. 24404 PVT-Y2U583M PVT-8LU5A2Y PVT-DLUG22M C. 103172 CPR/2012/77979 CPR/2011/48765 CRR/2015/205666 CPR/2012/89570 CPR/2012/79974 CPR/2014/128589 CPR/2015/190092 CPR/2012/82911 PVT-GYUM852 PVT-ZQUBJ72 PVT/2016/027346 PVT-Y2UERR6 CPR/2013/126807 CPR/2015/180485 PVT-V7UG36 PVT-ZQUEP3L C. 135459 PVT/2016/04916 CPR/2015/192197 C. 144831 PVT-9XU28KE CPR/2012/91220 PVT-8LUDYDJ PVT/2016/017674 CPR/2010/18304 CPR/2009/14419 PVT/2016/022694 PVT-Q7UJBY3 CPR/2011/52392 CPR/2014/143576 PVT-6GUL5RZ2 CPR/2014/171857 PVT-PJU8XGE CPR/2013109354 C. 64809 PVT-Y2U89DZ CPR/2013/97222 PVT-9XU35RL C. 101417 PVT-AAADOV3 PVT-MKUPAQ3 PVT-GYUQ58DM Joann Stationers Limited Jooal Limited Jemup Investment Limited Kamrad Limited Kilifi Creek Hardware and Timber Sales Limited Kimsa Self —selection Store Limited Kshads Investment Limited Kwetu Feeds Limited Kerai Developers Limited Lifesciences Consultants EPZ Limited Levice Company Limited Mayfair Associates Limited May Seventh Company Limited Makena Group Limited Mirica Engineering Company Limited Mosfam Investment Limited Nautilus Health and Fitness Centre Limited Nivishe Limited Nu Hotels Limited Pangmao Company Limited Server Side Solutions Limited Pamoja Africa Tours and Safaris Limited Panache Creations Limited Panache Investments Limited Perpetuitus International Investments Limited Pro Solar Limited Pulse Options Limited Ogas Solutions limited Quick Trading Company Limited Quejoy Detergents Limited Ramgas Developers Limited Render Reality Limited Royal Watan Timber Sales Limited Rushmann Properties Limited Saces Kenya Limited Samad Guest House Limited Sandero Limited Seneca Limited Shenal Enterprises Limited Shree Hari Haulage Limited Skylink Logistics Limited Sohil Traders Limited Staffing Services Limited Steve and Walter's Diving Team Limited Sunrays Consultants Limited Sustainable Agribusiness International Limited Springs Wines and Spirits Limited Temple ACA Limited Theoneng Ventures Limited Tononoka Investments Limited To and Associates Limited Trogons Logistics Limited Tunza Mara Limited Urbuntu Real Estate Partners Limited Varsha Property Developers Limited Vasons Enterprises Limited Vitade Limited Vitalhealth Investments Limited WC Climate Insurance Agency Limited Web Arts Limited Zahara Inn and Restaurant Limited Zalawad Limited Zunic Limited Dated the 18th August, 2021. JOYCE KOECH, Registrar of Companies.