GAZETTE NOTICE NO. 242

PURSUANT to section 37 of the Leadership and Integrity Act, 2012, the Office of the Attomey-Generad and Department of Justice issues the Code of Conduct set out in the Schedule hereto, to be observed by and binding upon State officers of the Office of the Anorney-Gencral and Department of Justice. SCHEDULE THE LEADERSHIP AND INTEGRITY ACT (No. 19 of 2012) LEADERSHIP AND INTEGRITY CODE, FOR STATE OFFICERS IN THE OFFICE OF THE ATTORNEY-GENERAL AND DEPARTMENT OF JUSTICE PART I—STATEMENT OF INTENT A Code for State Office" in the Office of the Attorney-General and Department of Justice, made pursuant to the provisions of section 37 of the Leadership and Integrity Act, 2012, and to give effect to Chapter Six of the Constitution of Kenya, and the Office of the Attonvey-Gencral Act, 2012 (No. 49 of 2012). The Code is intended to establish standards of integrity and ethical conduct in the leadership of the Office of the Attomev-Geneml and Department of Justice by ensuring that the State Offict,is respect the values, principles and previsions of the Constitution, and the Office of the Attormy-General Act, 2012, and any other applicable laws or policies, in the discharge of their duties. PART 11— PRELIMINARY PROVISIONS 1.This Code in ay he cited as the Leadership and Integrity Code for State Officers in the Office of the Attorney- General and Department of Justice. 2.This Code shall come into operation upon publication in the Gazette. 3.In this Code, unless the context otherwise requires- "Act" means the Leadership and Integrity Act, 2012; "Accounting Officer" has the meaning assigned to it under the Public Finance Management Act, 2012; "Attomey-General" means the Attomey-Gencral appointed under Article 156 of the Constitution, and may be construed to mean a Cabinet Secretary for purposes of Article 132(3)(c) of the Constitution; "Bank account" has the meaning assigned to it under section 2 of the Act; "Business associate" has the meaning assigned to it under section 2 of the Act; "Code" means the Leadership and Integrity Code for the Office of the Attorney-General and Department of Justice; "Code of Conduct for State Counsel" means the Code of Conduct for State Counsel established under section 24(l) of the Office of the Attomey-General Act, 2012; "Commission" means the Ethics and Anti-Comption Commission established under the Ethics and Anti-Comption Commission Act, 2011 ; "Gazette" means the Kenya.Gazette; "General Code" means the Code prescribed under Part 11 of the Act; "Office" means the Office of the Attomey-General established pursuant to the provisions of the Office of the Attorney-General Act, 2012, and shall be construed to include "the Department of Justice" in line with Presidential Executive Order No. 2 of 2013 (on the Organisation of the Government of the Republic of Kenya) or such other instrument through which the President may vest some additional powers or responsibilities on the Attomey-General or officers Subordinate to him or her; "personal interest" means a matter in which a State Officer has a direct or indirect pecuniary or non-pecuniary interest and includes the interest of his or h er spouse, child, business associate or agent; "public entity" has the meaning assigned to it under section 2 of the Act; "Public Officet" has the meaning assigned to it under Article 260 of the Constitution, and section 2 of the Public Officer Ethics Act, 2003; "Regulations" means the Regulations made by the Ethics and Anti- Corruption Commission pursuant to section 54 of the Act^ I "Solicitor-General" means the Solicitor-General appointed pursuant to the provisions ofsection 9 of the Office of the Attorney General Act, 2012; "Spouse" has the meaning assigned to it under section 2 of the Act; "State Officer" means the Attorney-General or such other person designated as such under Appendix I of this Schedule. 4.(1) This Code applies to the Attomey-General and any other person designated by law as a Star& Officer serving in the Office of the Attomey-General and Department of Justice, in accordance with the provisions of Article 260 of the Constitution, and any Public Officer in the Office to whom the application of this Code hasbeen extended as provided for in Paragraph (2). (2) The application of this Code has been extended to apply to the Public Officers serving in the Office and whose designations appear in Appendix I to this Schedule, in accordance with the provisions of section 52 of the Act. 5.(1) The provisions of Chapter Six of the Constitution shall form part of this Code. (2) Unless otherwise provided in this Code, the provisions of the Act, the Public Officer Ethics Act. 2003 and the Code of Conduct for State Counsel established under section 24(l) of the Office of the Attonney-General Act, 2012, are deemed to form part of this Code, and to apply to all State officers and Public officenrwho am subject to this Code, in so far as they seek to promote (he ethics and integrity of State officers and Public officers. 6.(1) A State Officer appointed to a State Office, or a public office to which this Code applies, shall sign and commit to this Code at the time of taking oath of office or within seven days of assuming ,office. (2)A serving State Officer shall sign and commit to this Code seven days after the publication of the Code in the Gazette. (3)The declaration of commitment to the Code shall take the form and structure set out in Appendix 11 to this Schedule. PART 11—REQUIREMENTS - 7. (1) A State Officer shall respect and abide by the Constitution and the law. (2)A State Officer shall carry out the duties of his or her office in accordance with the law. (3)In carrying out the duties of his or her office, a State Officer shall not violate the rights and fundamental freedoms of any person unless otherwise expressly provided for in the law and in accordance with Article 24 of the Constitution. 8.A State Office is a position of public triea and the authority and responsibility vested in a State Officer shall be exercised by the State Officer in the best interest of the Office and the people of Kenya. 9.Subject to the Constitution and.any other law, a State Officer shall take personal responsibility for the reasonably foreseeable consequences of any actions or omissions arising from the discharge of the duties of his or her office. 10.(1) A State Officer shall, to the best of his rafter ability — (a)carry out the duties of the Office efficiently and honestly; (b)carry out the duties of the Office in a transparent and accountable manner; (c)keep accurate records and documents relating to the functions - of the Office; and (d)report truthfully on all matters of the Office. I I ^ A State Officer shall — (a)carry out the duties of his or her office in a manner that maintains public confidence in the integrity of the Officc^ (b)treat members of the public, staff and other State and Public Officers with courtesy and respect; (c)to the extent appropriate to the office, maintain high standards of-performance and level of professionalism within the Office; and (d) if the State Officer is a member of a professional body, observe- and subscribe to the ethical and professional requirements of that body in so far as the requirements do not contravene the Constitution, any other law or this Codc^ 12. (1) A State Officer shall not use his or her office to unlawfully or wrongfully enrich himself or herself or anv '^ ^ person. (2)Subject to Article 76(2)(b) of the Constitution, a State Officer shall not accept a personal loan or benefit which may compromise the State Officer in carrying out his or her duties. (3)A State Officer sball submit go initial declaration of income, assets and liabilities within thirty days of assuming office to the Accounting Officer of the Office, and to any other office or body as prescribed. by law, and thereafter make biennial declarations to the Office. and a final declaration within thirty (30) days of ceasing to be a State Officer. (4)A State Officer shall pay any taxes due from him or her within the prescribed period. (5)A State Officer shall not neglect their financial or legal obligations. (6)A declaration filed by a State Officer in accordance with the provisions of subparagraph (3) shall be accessible to the Commission and any other person, subject to the pmvismns.of section 30 . of the Public Officer Ethics Act, 2003. 13. (1) A State Officer shall observe and mairdain the following ethical and moral requirements- (a)demonstrate honesty in the conduct of his or her public and pri I vate affairs; (b)not to engage in activities that amount to abuse of office; (c)accurately and honestly represent information to the public; (d)not engage in wrongful conduct in furtherance of personal benefit; (e)not misuse public resources; (fi not falsify any records; (g; not sexually harass or have inappropriate sexual relations with other state officers, staff of the Office or any other perso n; (h)not engage in actions which would lead to the State Officer's removal from the membership of a professional body in accordance with the law; (i)not neglect family or parental obligations as provided for under any law; 6) not commit offences and in particular, any of the offences under Parts XV and XVI of the Penal Code, Sexual Offences Act, 2006, the Counter-Trafficking in Persons Act, 2008, and the Children Act. 14. (1) A gift or donation given to a State Officer on a public or official occasion shall be treated as a gift or donation to the Office. (2) Notwithstanding subparagraph (1), a State Officer may receive a gift given to the State Officer in an official capacity, provided that- (a)the gift is within the ordinary bounds of propriety, a usual expression of courtesy or protocol and within the ordinary standards of hospitality; (b)the gift is not monetary; (c)the gift does not exceed an amount prescribed by the Commission under the Act or any other law. (3) A State Officer shall not — (a) accept or solicit gifts, hospitality or other benefits from a person who- (i)is under investigation; (ii)hag a contractual relationship With the Office finfuse; any interest that is directly or indirectly connected with , the Sune Officer's duties; (b) receive a gift which has the potential of compromising his or her integrity, objectivity or impartiality; or . (c) accept any.type of gift expressly prohibited under the Act. 22nd January, 2016 THE, KENYA GAZETTE 1 107 (4) A State Officer who receives a gift or donation shall declare the gift, or donation to the Commission as well as the Office within fourteen days of receipt of the gift. 15. A State Officer shall not use the Office to wrongfully or. unlawfully acquire or influence the acquisition of thop-ny 16. (1) A State Officer shall use the best efforts to avoid being in a situation where his or her personal interests conflict or appear to conflict with the State Officer's official duties. (2) Without limiting the generality of subparagraph (1), a State Officer shall not hold shares or have any other interest in a corporation, partnership or other body, directly or through another person, if holding those shares or having that interest would result in a conflict of the State Officer's personal interests and the Officer's official duties. (3) A State Officer whose personal interests conflict with their official duties shall declare the personal interests to the Office. (4) The Office may give directions on the appropriate action to be taken by the State Officer to avoid the conflict of interest and the State Officer shall. comply with the directions, and refrain from participating in any deliberations with respect to the matter. (5) Any direction issued by the Office under subparagraph (4) shall be in writing. (6) Notwithstanding any directions to the contrary under subparagraph (4), a State Officer shall not award or influence the award of a contract to- (a)himself or herself, (b)the State Officer's spouse or child; (c)a business associate or agent; or (d)a corporation, private company, partnership or other body in which the Officer has a substantial or controlling interest. (7) Where a State Officer is present at ; meeting, and an issue which is likely to result in a conflict of interest is to be discussed, the State Officer shall declare the interest at the beginning of the meeting or before the issue is deliberated upon. (8) A declaration of a conflict of interest under subparagraph (7) shall be recorded in the minutes of that meeting. (9) The Office shall maintain a register of conflicts of interest in the prescribed form in which an affected State Officer shall register the particulars of the registrable interests, stating the nature and extent of the conflict. (10) For purposes of subparagraph (9), the registrable interests shall include- (a)the interests set out in the Second Schedule of the Act; (b)my connection with a person, firm or a company, whether by relation, friendship, holding of shams or otherwise, which is subject of am investigation by the Commission; (c)any application for employment or other form of engagement with the Commission, by a family member or friend of the State Officer or by a law firm or corporation associated with the State Officec (d)my application to the Office, by a famiiy,member or friend of the State Officer, for clearance with respect to appointment or election to any public office; (e)my other matter which, in the opinion of the State Officer, taking into account the circumstances thereof, is necessary for registration as a conflict of interest. (11) The Office shall keep the register of conflicts of interest for five years after the last entry in each volume of the register. (12) The Office shall prepare a report of the registered interests within thirty days after the close of a financial yew. (13) A Stav^ Officer shall ensure that an entry of registrable interests under subparagraph (9) is updated and to notify the Office of my changes in the registrable interests, within one month of each change occurring. 17. (1) A State Officer shall not participate in a tender for the supply of goods or services to the Office. (2) Notwithstanding subparagraph (1), a company or entity associated with die State Officer shall not be construed as trading with the Office, wdess- ^u) the State Officer has a controlling shareholding in the company or entity; or -(b) the State Officer is a Director of the Company; or (c) the State Officer is a managing partner in a law firm providing services to the Office. 18. (1) A State Officer shall not solicit for contributions from the Office or any other person or entity for a public purpose unless the President has, by notice in the Gazette, declared a national disaster and allowed a public collection for the purpose of the national disaster in accordance with the law. (2)A State Officer shall not participate in a public collection of funds in a way that reflects adversely , on that State Officer's integrity, impartiality or interferes with the performance of the official duties; (3)Subject to subparagraph (2), a State Officer may, with the approval of the President, participate in a collection involving a private cause. (4)Nothing in this clause shall be constructed as prohibiting' a State Officer from making voluntary contribution. 19. (1) Subject to Article 76(2) of the Constitution orany other written law, a State Officer shall not open or continue to operate a bank account outside Kenya without the approval of the Commission. (2)A State Officer who has reasonable grounds for opening or operating a bank account outside Kenya shall apply to the Commission for approval to open or operate a bank account. (3)A State Officer who operates or controls the operation of a bank account outside Kenya shall submit statements of the account annually to the Commission and authorize the Commission to verify the statements and any other relevant -information from the foreign financial institution in which the account is held. (4)Subject to subparagraphs (1) and (2), a person who is appointed as a State Officer in the Office and has a bank account outside Kenya shall, upon slach appointment, close the bank account within six months or such other period as the Commission may prescribe. ' (5) Subject to subparagraph (4), a State Officer may open or continue to operate a bank account outside Kenya as may be authorized by the Commission in writing. 20. (1) A State Officer shalt 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 security interests of Kenya, except when acting in the course of official duty. (2) For the purposes of this paragraph- (a)an individual is a foreigner if the individual is not a citizerim Kenya;and (b)an organization is foreign if it is established outside Kenya or is owned or controlled by a foreign government, organization or individual. 21. (1) A Stwe Officer shall take ail reasonable steps to ensure that public property in the Officer's custody, possession or control is taken cam of and is in good repair and condition. (2)A State Officer shall not use public property, funds or services that - am acquired in the course of or as a result of the official duties, for activities that are not related to the official work of the Stwe Officer. (3)A State Officer shall return to the Office all the public property in his or her custody, possession or control at the end -of the appointment tem. (4)A State Officer who contravenes subparagraph (2) or (3) shall, in addition to any other penalties provided for under the Constitution, the Act or any other law, be personally liable for any loss or damage to the public property. ' 22. (1) A State Officer shall not directly or indirectly 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 in the public domain, for the furthering of any private interest, whether financial or otherwise. (2) A State Officer shall not be deemed to have violated the requirements of subparagraph (1), if the information is given- ^a) pursuant to a coun order; (b) for purposes of educational, research, literary, scientific or . THE KENYA GAZETTE 22nd January, 2016 other purposes not prohibited by law; or (c) in compliance with Article 35 of the Constitution and the. relevant law. 23. A State Officer, shall not, in the performance of his or her duties — (a)act as an agent for, or further the interests of a political party or candidate in an election; or (b)manifest support for or opposition to any political party or candidate in an election; or (c)engage in any political activity that may compromise or be seen to compromise the political neutrality of the Office subject to any laws relating to elections. 24. A State Officer shall, at all times, carry out the duties of the Office with impartiality and objectivity in accordance with principles and values set out in Articles 10, 27, 73(2)(b) and 232 of the Constitution and shall not practice favouritism, nepotism, tribalism, cmnyism, religious bias or engage in corrupt or unethical practices. 25. A State Officer who has a duty to give advice shall give honest, accurate and impartial advice without fear or favour. 26. (1 j Subject to subparagraph (2), a full time State Officer shall not participate in any other gainful employment. (2) For the limposes of subparagraph (1), "gainful employment" means work that a person can pursue and perform for money or other form of compensation or remuneration which is inherently incompatible with the responsibilities of the State Office or which results in the impairment of the judgement of the State Officer in the execution of the functions of the State Office or results in a conflict of interest. 27. (1) A State Officer shall not allow himself or herself to be influenced in the performance of his or her duties by plans or expectations for or offers of furme employment or bcnefB. (2) A State Officer shall disclose, in writing, to the Commission, all offers of future employment or benefits that could place the State Officer in a situation of conflict of interest. 28, A former State Officer shall not be engaged by the Office in a matter in which the State Officer was originally engaged in as a State Officer, for at least two years after leaving the Office. 29. A State Officer shall not knowingly give false or misleading information to any person. 30. A State Officer shall not falsify any records or misrepresent information to the public. 31. A Suite Officer shall conduct their private affairs in a manner that maintains public confidence in the integrity of the Office. 32. (1) A State officer shall not bully another State Officer, a member of staff or any other person. (2) For purposes of subparagraph (1), "bullying" includes repeated offensive behavior which is vindictive, cruel, malicious or humiliating whether or not is intended to undermine a person. 33. (1) A State Officer shall not — (a) cause anything to be done through another person that would constitute a contravention of this Code, the Constitution or any other law if done by the State Officer; or (1)allow or direct a person under their supervision or control to do anything that is in contravention of this Code , the Constitution or any other law. (2)Subparagraph (1)(b) shall not apply where anything is done without the State Officer's knowledge or consent or if the State Officer has taken reasonable steps to prevent it. 34. (1) If a State Officer considers that anything required of him or her is in contravention of the Code or is otherwise improper or unethical, the State Officer shall report the matter to the Commission. (2) Tbe Commission shall investigate the report and take appropriate action within ninety days of receiving the report. ^ 35. Subj. ect to Article 35 of the Constitution and any other relevant law, a State Officer shall not disclose or cause to be disclosed any information in his or her custody to any unauthorized person. 36.A State Officer who believes or has reason to believe that a corrupt act or unethical malpractice has occurred or is about to occur in the Office shall take all necessary measures to prevent it from continuing or materializing in addition to any other appropriate action. 37.State officers in the Office shall collectively and individually take measures to ensure that staff of the Office uphold and practice the highest attainable degree of integrity in the performance of their duties. 38. A State Officer shall maintain appropriate standard of dress and personal hygiene at all times. PART III—ENFORCEMENT OF THE CODE 39. (1) Any person may lodge a complaint afle q;-^, a breach of this Code by a State Officer to the Office or oic Commission or the National Assembly. (2) Breach of this Code amounts to misconduct for which the State Officer may be subjected to disciplinary proceedings including removal from office. (3) Where a breach of this Code mounts to a violation of the Constitution, the State Officer may be removed from office in accordance with Article 132(2)(b) of the Constitution or section 12 of the Office of the Attorney- General Act, 2012. (4) A person alleging a breach of this Code may submit a petition setting out the grounds and facts of the alleged violation, to the Commission, in case the allegation is against the Attanney-Genscral, and to the Attomey-General, in case the allegation is made against a Public Officer in the Office, in respect of whom this Code applies. (5) Upon receipt of the complaint, the relevant public entity where the complaint i^ lodged, shall register and carry out investigations into the complaint, in accordance with the provisions of section 42 of the Act. (6) If upon investigation into the alleged breach of the Code, the public entity is of the opinion that civil or criminal proceedings ought to be preferred against the respective State Officer, it shall refer the matter to — (a)the Commission, with respect to civil matters, with a copy to the Attomey-General in case the complaint is against a Public Officer who is subject to the previsions of this Code; (b)the Director of Public Prosecutions, with respect to criminal matters; or (c)any other appropriate authority. (7) Once a reference has been made in accordance with subparagraph (6) of this Code, the entity to whom the matter is refemd shall dispose of the same in accordance with the relevant provisions of the Act. 40. A State Officer or the Office may request the Commission to give an advisory opinion on any issue relating to, but not limited to- (a)the application of Chapter Six of the, Constitution; (b)the application of the Act or any other applicable law or Regulations dealing with the ethics and integrity of State Officers; (c)the application of the Public Officer Ethics Act, 2003, or any other law or Regulations dealing with the ethics and integrity of Public Officers; (d)the application of this Code; (e)an ethical dilemma; or 69 any other matter incidental to the promotion of the ethics and integrity of State Officers and Public Officers generally. PART IV—GENERAL PROVISIONS. 41. The Office shall collaborate with the Commission and or other public'entities to ensure that the State Officers I and Public Officers serving in the Office am wnsitized about leadership and integrity issues at least once a year. 42. Each State Officer shall take personal responsibility for compliance with the provisions of this Code, 43. 'Me Attomey-General shall cause to be prepared an annual report on the implementation of the Code, which report shall be shared with the Commission, and also form pan of the Annual Report of the Office submitted to the President in accordance with the provisions of section 31 of the Office of the Attorney- General Act, 2012. 44. The Attomey-General may, upon informing the Commission in writing, amend through a notice in the Gazette, any Appendix to this Schedule. 45. The Afforney-General may, with the approval of the Commission, review and amend this Schedule. 22nd January, 2016 THE KENYA GAZETTE - 109 APPENDIX I (Pam. 3,4(2)) EXTENSION OF THE APPLICATION OF THE CODE TO SOME PUBLIC OFFICERS IN THE OFFICE OF THE ATTORNEY- GENERAL AND DEPARTMENT OF JUSTICE Designation of State Officer Enabling Law Solicitor-Geneml Section 9 of the Office of the Attorney- General Act, 2012. APPENDIX 11 (Pimi. 6(3)) COMMITMENT TO THE LEADERSHIP AND INTEGRITY CODE OF THE OFFICE OF THE ATTORNEY- GENERAL AND DEPARTMENT OF JUSTICE I......... ................................................................. holder of National ID/Passport No . ....................................... and Post Office Box No . ........................................................ having been appointed as ................. I ....... .............. .... (Attorney-General or Solicitor-General or any other applicable position) ... I ....... ......... ...... ............... in the Office of the Attorney- General and Department of Justice , do hereby confintra that I have mail and understood the Leadership and Integrity Code for the Office of the Attorney-General and Department of Justice and hereby solemnly declare and commit myself to abide by the provisions of the Code at all times for as long as I hold the post of .............................. or such other incidentid assignment as I may be given by the President or any other lawful authority. DONE at .... _ ............. ... this ........... day of ...................... 20 ..... By the said ................................. Deponent Before Me . ............. ................. Judge/Magistratel, Commissionerfor Oaths PRESCRIBED for the State Officers of the Office of the Attorney- General and Department of Justice, in accordance with the provisions of section 37 of the Leadership and Integrity Act, 2012. At Nairobi this 23rd day of December, 2015 GITHU MUIGAL Attorney- General. GAzETrE NOTICE No. 243 THE CONSTITUTION OF KENYA THE COUNTY GOVERNMENTS ACT (No. 17 of 2012) THE COUNTY GOVERNMENT OF MAKUENI HEALTH FACILITIES AND PHARMACIES PURSUANT to the Fourth Schedule of the Constitution of Kenya for effective bealth service delivery as a devolved function, the Coulnty Executive Committee Member for Health Services gazettes the facilities named in the schedule below; SCHEDULE Dated the 6th January, 2016. MULWA ANDREW MUTAVA, County Executive Member, MR/8448i350 Health Services, Makueni County. GAzE^m NOTICE No. 244 THE COUNTY GOVERNMENTS ACT (No. 17 of 2012) THE COUNTY ASSEMBLY OF KITUI SPECIAL SITTINUS OF THE COUNTY ASSEMBLY PURSUANT to Standing Order No. 26 (3) and (4) of the Kitui County Assembly Standing Orders, it is notified for the information of members of the County Assembly of Kitui and the general public that the Assembly shall have special sittings from Wednesday, 27th to Friday, 29th January, 2016 at 9.00 a.m. at the Kenya Forestry Research ,Institute Offices (Kitui Regional offices) for the purposes of discussing the Kitui County Supplementary Budget for the Financial Year 2015120 6. Dated the 19tb January, 2016. TITUS NDEMWA, MR/8448910 Deputy Speaker, County Assembly of Kind. 110 -THE KENYA GAZETTE 22nd January, 2016