GAZETTE NOTICE NO. 2971

IN EXERCISE of the powers conferred by section 37 of the Leadership and Integrity Act, Cap. 182 (`the Act') laws of Kenya, the Ministry of Land, Housing and Urban Development establishes this Leadership and Integrity Code for the State Officers in the Ministry. THE LEADERSHIP AND INTEGRITY CODE FOR STATE OFFICERS IN THE MINISTRY OF LAND, HOUSING AND URBAN DEVELOPMENT Preamble The ethos of the Public Service is to offer services to members of the public and support successive governments of the Republic of Kenya with loyalty, impartiality, honesty and integrity and to facilitate the objectives of enhancing peace, socioeconomic growth and prosperity. In accomplishing the mission of the government, State Officers will be guided by a shared vision that the Ministry of Land, Housing & Urban Development will be an efficiently and effectively performing institution, committed to serving citizens with courtesy, integrity, giving value for the tax payers money; not demanding of the citizens but anxious to be of service to them. This Code is established pursuant to Section 37 of the Act, which requires that every public entity to prescribe a Specific Leadership and Integrity Code for the State Officers in the entity. The Code is intended to establish standards of integrity, behavior and ethical conduct in the leadership of the Ministry of Land, Housing & Urban Development by ensuring that the State Officers respect the values, principles and requirements of the Constitution in the discharge of their duties. PART I-PRELIMINARY 1.Citation This Code may be cited as the Leadership and Integrity Code for State Officers in the Ministry of Land, Housing & Urban Development. 2.Interpretation Where words under this part have similar definitions as under Part 2 of the Act definitions in the Code could be done by reference. "Act" means the Leadership and Integrity Act, Cap 182, Laws of Kenya; "Asset" means a thing, tangible or intangible, owned, whether wholly or in part, or controlled by a person, which has an actual or determinable economic value and can be sold, exchanged or otherwise used or applied to meet an obligation or acquire something else in return; "Authorized officer" means an authorized officer of the Ministry having jurisdiction pursuant to Article 234(5) of the Constitution and the Public Service Regulations 2005; "Bank Account" means an account maintained by a bank or any other financial institution for and in the name of, or in the name designated by, a customer of the bank or other financial institution and into which money is paid or withdrawn by or for the benefit of that customer or held in trust for that customer and in which the transactions between the customer and the bank or other financial institution are recorded; 29th April, 2016 THE KENYA GAZE 11 h 1879 "Business associate" means a person who does business with or on behalf of a State Officer and has express or implied authority from that State Officer; "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to leadership and integrity in the Land, Housing & Urban Development; "Code" means the Leadership and Integrity Code for State Officers of the Land, Housing & Urban Development "Commission" means the Ethics and Anti-Corruption Commission established under the Ethics and Anti-Corruption Commission Act, Cap 65A. "General Code" means the Code prescribed under Part II of the Act; "Ministry" means the Ministry of Land, Housing & Urban Development established under the Presidential Oder No. 1 of 2013. "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/her spouse, child, business associate or agent; "Principal Secretary" means the Principal Secretary for the time being responsible for Resource Management in the Ministry of Land, Housing and Urban Development. "Register" means the register of State Officers' Registrable Interest. "Registrable Interest" means an interest that may, or may be perceived to prejudice the integrity of a State Officer in the discharge of official functions of his office. "Regulations" mean the Regulations made by the Commission Pursuant to section 54-of the Act; "Spouse" means a wife or husband; "State Officer" means Cabinet Secretary, Principal Secretary in the Ministry of Land, Housing and Urban Development 3. Application of Code This Code applies to State Officers in the Ministry. 4. Application of Chapter six of the Constitution of Kenya, 2010, the Public Officer Ethics Act, Cap. 183 and other laws (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 Public Officer Ethics Act and any other relevant Legislations (Public Service Commission Act (Revised), Public Finance Management Act, Cap. (412C), The Public Procurement and Asset Disposal Act, No. 13/2015) shall form part of this Code in so far as they conform to the provisions of the Leadership and Integrity Act. Commencement This code shall take effect on the date of publication in the Kenya Gazette. (i)If any provision of the Act is in conflict with the Public Officer Ethics Act, the Act shall prevail. (ii)If any provision of the code is in conflict with the Act, the Act shall prevail. 5. State Officer to sign Code (1)A State Officer appointed to the Ministry of Land, Housing and Urban Development shall sign and commit to this Code at the time of taking oath of office or within seven days of assuming office. (2)The provisions of this Code take effect from the date it is published in the Kenya Gazette. PART II—REQUIREMENTS 6. Rule of Law (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/ her office in accordance with the Law; (3)In carrying out the duties, of his/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. 7. Public Trust A State Office is a position of public trust and the authority and responsibility vested in a State Officer shall be exercised by the State Officer in the best interest of the Ministry and the people of Kenya. 8. Responsibility and duties 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 the office. 9. Performance of duties A State Officer shall, to the best of his/ her ability — (1)Carry out the duties of the office efficiently, effectively and honestly; (2)Carry out the duties of the office in a transparent and accountable manner; (3)Keep accurate records and documents relating to the functions of the office (4)Report truthfully on all matters of the Ministry; and (5)Communicate effectively and responsibly. 10. Professionalism A State Officer shall — (1)Carry out the duties of his/her office in a manner that maintains public confidence in the integrity of the office; (2)Treat members of the public, staff and other State and Public Officers with courtesy and respect; (3)Not discriminate against any person, except as is expressly provided by the law; (4)To the extent appropriate to the office, maintain high standards of performance and level of professionalism within the Ministry; and (5)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 Code. 11. Financial Probity (1)A State Officer shall not use his or her office to unlawfully or wrongfully enrich himself or herself or any other person; (2)Subject to Article 76(2Xb) of the Constitution, a State Officer shall not seek or accept a personal loan or benefit which may compromise the State Officer in carrying out his or her duties; (3)A State Officer shall not: (a)Evade paying taxes. (b)Neglect their financial obligations. 12. Moral and ethical requirements (1) A State Officer shall observe and maintain the following ethical and moral requirements for the purposes of Articles 99 (I) (b) and 193 (1) of the Constitution — (a)Demonstrate honesty in the conduct of his or her public and private affairs; (b)Not to engage in activities that amount to abuse of office; (c)Accurately and honestly present information to the public; (d)Not engage in wrongful conduct in furtherance of personal benefit; (e) Not misuse public resources; (B Not falsify any records; (g)Not sexually harass or have inappropriate sexual relations with other state officers, staff of the Ministry or any other person; (h)Not commit offences and in particular, any of the offences under Part XV & XVI of the Penal Code, (Cap 63), the Sexual Offence Act, ( Cap 62A), the Counter Trafficking in Persons ( Cap 61) and the Children Act Cap 141); (i)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; and Not neglect family or parental obligations as provided for under any law 13. Gifts or benefits in Kind (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 Ministry; (2) Notwithstanding subsection (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 Ksh.20, 000 or such other value as may be prescribed by the Commission in the Regulations (3) A State Officer shall not — (a) Accept or solicit for gifts, hospitality or other benefits from a person who; (i)Is under investigation; on any Commission/omission relating to the Ministry (ii)Has a contractual/legal relationship with the Ministry (iii)Has any interest that is directly or indirectly connected with the State 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 by the Commission in the Regulations, under the Act or any other Law. (4) Subject to section 13•2), a State Officer who receives a gift or donation shall upon return to the office declare the gift or donation to the Ministry within fourteen days of receipt of the gift as prescribed in Form A, Reports of Gifts Received at Appendix II (5) The Ministry shall maintain a register of all gifts received by State Officers as provided for in the regulations. 14. Wrongful or unlawful acquisition of property A State Officer shall not use the office to wrongfully or unlawfully acquire or influence the acquisition of property. 15. Conflict of interest (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 his/ her official duties. (2)Without limiting the generality of subsection (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 WOW result in a conflict of the State officer's personal interests and the officer's official duties. (3)A State Officer whose personal interest conflict with their official duties shall declare the personal interest to the Ministry or Commission in the case of a Cabinet Secretary or Principal Secretary respectively as prescribed in Form B Declaration of Interest at Appendix III. State Officers will collectively and individually take measures to ensure that they and those in the Ministry declare their Assets and Liabilities by filling the prescribed form on initial appointment, biannual and final declaration on exit as required by the Public Officers Ethics Act, (Cap. 183). (4) The Ministry or the Commission 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. Any direction issued by the Commission under this sub-section shall be in writing. (5) Notwithstanding any directions to the contrary under subsection (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. (6) Where a State Officer is present at a 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. (7) A declaration of a conflict of interest under subsection (6) shall be recorded in the minutes of that meeting. (8) The Ministry 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. (9) For purposes of subsection (8), the registrable interests shall include:- (a)The interests set out in the Second Schedule of the Act; (b)Any connection with a person or a company, whether by relation, friendship, holding of shares or otherwise, which is subject of an investigation by the Commission; (c)Any application for employment or other form of engagement with the Ministry, by a family member or friend of the State Officer or by a corporation associated with the State Officer; (d)Any application to the Ministry, by a family member or friend of the State Officer, for clearance with respect to appointment or election to any public office; (e)Any 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. (10) The Ministry shall keep the register of conflict of interest for five years after the last entry in each volume of the register; (11) The Ministry shall prepare a report of the registered interest within thirty days after the close of a financial year and forward such reports to the Commission; (12) A State Officer shall ensure that an entry of registrable interests under subsection (7) is updated and to notify the Commission of any changes in the registrable interests, within one month of each change occurring. 16. Participation in tenders issued by the Ministry (1)A State Officer shall not participate in a tender for the supply of goods or services to the Ministry. (2)Notwithstanding subsection (1), a company or entity associated with the State Officer shall not be construed as trading with the Ministry unless: (a)The State Officer has a controlling shareholding in the company or entity; or, (b)The State Officer is a Director of the Company. 17. Public Collections (1) A State Officer shall not solicit for contributions from the Ministry or any other person or entity for a public purpose unless the President has, by notice in the Gazette, declared a 29th April, 2016 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 subsection (2), a State Officer may, with the approval of the Authorized Officer, participate in a collection involving a private cause. (4)A State Officer who has been given approval to take an active part in a collection involving a private course shall not use his/her office for that purpose nor involve any staff of the Ministry. 18. Bank accounts outside Kenya (1)Subject to Article 76(2) of the Constitution or any 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 it to verify the statements and any other relevant information from the foreign financial institution in which the account is held; (4)Subject to subsections (1) and (2), a person who is appointed as a State Officer in the Ministry and has a bank account outside Kenya shall, upon such appointment, close the bank account within three months; (5)Notwithstanding subsection (4), a State Officer who wishes to open or continue to operate a bank account outside Kenya shall within thirty days of becoming a State officer submit an application to the commission for approval 19. Acting for foreigners (1)A State 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 security interests of Kenya, except when acting in the course of official duty. (2)For the purposes of this section — (a)An individual is a foreigner if the individual is not a citizen of 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. 20. Care of property (1)A State Officer shall take all reasonable steps to ensure that public property in the officer's custody, possession or control is taken care of and is in good repair and condition; (2)A State 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 that are not related to the official work of the State Officer; (3)A State Officer shall surrender to the Ministry all the public property in their custody, possession or control at the end of the appointment term; (4)A State Officer who contravenes subsection (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. 21. Misuse of official information (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 for any other purposes other than of — (a)Furthering the interests of the Act (b)Educational, research, literary, scientific or other purposes not prohibited by law. 22. Political neutrality (1) A State officer, shall not, in the performance of his /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. (2) 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. 23. Impartiality A State Officer shall, at all times, carry out the duties of the office with impartiality and objectivity in accordance with Articles 10, 27, 73(2)(b) and 232 of the Constitution and shall not practice favoritism, nepotism, tribalism, cronyism, religious bias or engage in corrupt or unethical practices. 24. Giving of advice A State Officer who has a duty to give advice shall give honest, accurate and impartial advice without fear or favour. 25. Gainful employment (1)Subject to subsection (2), a full time State Officer shall not participate in any other gainful employment. (2)In this section,—gainful employment means work that a person can pursue and perform for money or other form of compensation or remuneration which is inherently incompatible with the responsibilities of the State Office or which results in the impairment of the judgment of the State Officer in the execution of the functions of the State office or results in a conflict of interest. 26. Offers of future employment (1)A State Officer shall not allow himself or herself to be influenced in the performance of their duties by plans or expectations for or offers of future employment or benefits; (2)A State Officer shall disclose, in writing, to the Ministry and the Commission, all offers of future employment or benefits that could place the State Officer in a situation of conflict of interest. 27. Former State Officer in the Ministry A former State Officer shall not be engaged by the Ministry in a matter in which the State Officer was originally engaged in as a State officer, to avoid repetition of provision under Section 28. 28. Misleading the public A State Officer shall not knowingly give false or misleading information to any person. 29. Falsification of records A State Officer shall not falsify any records or misrepresent information to the public. 30. Conduct of private affairs A State Officer shall conduct their private affairs in a manner that maintains public confidence in the integrity of the office. 31. Bullying (1)A State Officer shall not bully another State Officer, a member of staff or any other person; (2)For purposes of subsection (1), — bullying includes repeated offensive behavior which is vindictive, cruel, malicious or humiliating and is intended to undermine a person. 32. Citizenship and Leadership (1) A state officer shall not hold dual citizenship 33. Acting through others (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 (b)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) Subsection (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. (3) A State Officer who acts under an unlawful direction shall be responsible for his/her action. 34. Reporting improper orders If a State Officer considers that anything required of them is in contravention of the Code or is otherwise improper or unethical, the State Officer shall report the matter to the Commission. The Commission shall investigate the report and take appropriate action within ninety (90) days of receiving the report. 35.Duty to prevent occurrence of corruption or unethical practice in the Ministry 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 Ministry shall take all necessary measures to prevent it from continuing or materializing in addition to any other appropriate action including reporting to the Commission. 36.Promotion of ethics, integrity and best practices in the Ministry (1) State Officers in the Ministry shall collectively and individually take measures to ensure that staff of the Ministry uphold and practice the highest attainable degree of integrity in the performance of their duties. A State Officer appointed to a State Office, shall submit to the Public Service Commission an initial declaration of income, assets and liabilities on Form PSC. 2b at Appendix 1 within thirty days of assuming office in the Ministry and thereafter bi-annually; 37.Dress Code A State Officer shall maintain appropriate standard of dress and personal hygiene at all times. 38.Implementation of the Code Each State Officer shall be responsible for compliance and full implementation of this Code. However, the Commission will provide Oversight Authority on its implementation. 39. Advisory Opinion (1)The state officer or Ministry may request the Commission to give advisory opinion on any issue relating to the application of this Code and Chapter Six of the Constitution. (2)A person under investigations for a breach of the Code or any written law shall be suspended from office from the date of commencement of such investigations until the outcome of the investigations. 40. Breach of Code (1)Breach of this Code amounts to misconduct for which the State Officer may be subjected to disciplinary proceedings including removal from office; (2)Where an allegation of breach of this Code has been made against a State Officer in respect of whom the Constitution or any other law provides the procedure for removal or dismissal, the question of removal/dismissal shall be determined in accordance with the Constitution or that Law; (3)Any person may lodge a complaint alleging a breach of this Code by a State Officer; (4)§A person alleging a breach of this Code by a State Officer other than a breach under Article 152 of the Constitution may submit a petition setting out the alleged violation to the National Assembly; 41. Review The Code shall be reviewed as and when necessary with the approval of the Commission. CABINET SECRETARY MINISTRY OF LAND, HOUSING AND URBAN DEVELOPMENT P.O BOX 30450-00100, NAIROBI, KENYA TELEPHONE: 254 (0) 2716757 COMMITMENT TO THE CODE holder of National ID/ Passport No. and Post Office Box No. having been appointed as Cabinet Secretary/ Principal Secretary of the Ministry of Land, Housing & Urban Development do hereby confirm that I have read and understood this Code and now do commit to faithfully uphold and abide by the provisions of the Code at all times. Signed This day of 20 Sworn Before Me. FORM I (r. 35 (1)) COMMITMENT TO THE GENERAL. LEADERSHIP AND INTEGRITY CODE (where the public entity has not developed a specific code) I confirm that I have read and understood the Leadership and Integrity Act No. 19 of 2012 and commit to abide by the General Leadership and Integrity Cod as set out under Part II of the Act. Sworn at } By the said Deponent this day of 20 Before me Commissioner of Oaths/Magistrate 29th April, 2016 FORM B (r. 6/(2)) REGISTER OF GIFTS RECEIVED Name of Entity: Item No. Name of the officer receiving the gift Name of entity and officer giving the gift Descrip-tion of the gift Estimated market value of the gift Date of receipt the gift Occasion of function in which the gift is offered Date of declaration of the gift Date of surrender of the gift to the public entity (where applicable) Any other relevant information 1. 2. FORM C (r. 6/(2)) REGISTER OF GIFTS GIVEN Name of Entity: Item No. Name of the officer receiving the gift on behalf of the entity Name of entity and office given the gift Description of the gift Estimated market value of the gift Date of giving the gift Occasion of function in which the gift is given Date giving the gift Date of surrender of the gift to the public entity (where applicable) Any other relevant information 1. 2. FORM D (r. 11(1)) DECLARATION OF CONFLICT OF INTEREST (To be submitted in duplicate) Name of State Officer or Public Officer: Designation of the Officer: Description of the Conflict of Interest Name and Address of the person with whom the officer has an interest Nature of interest Estimated value of the interest Date the interest was acquired Date the interest ceased (if applicable) Remarks (if any) the undersigned, holding the position of at PF/ID No being aware of the provision of 46 (I) (d) and 46 (2) of the Leadership and Integrity Act, 2012 declare the above information to be true to the best of my knowledge. Signature of the Officer: Date: Submitted to: Designation of the person submitted to: Signature: Date- FORM F (r. 13(1)) REGISTER OF CONFLICT OF INTEREST Item No. Name of the officer making the declaration Registrable interest Nature of conflict Date of declaration Name and signature of person making entry Remarks of directions issued Date Update of registered interests. GAZE I I h NOTICE No. 2972 THE LAND ACT (No. 6 of 2012) SOTIK-CHEBORGE-RORET (D226) ROAD PROJECT INQUIRY IN PURSUANCE of the transitional provisions contained in section 162 (2) of the Land Act, 2012 and Section 9 (1) of the Land Acquisition Act Cap. 295 (Repealed), the National Land Commission gives notice that inquiries to hearing of claims to compensation for interested parties in the land required for the Sotik—Cheborge—Roret Road Project shall be held on the dates and places as shown in the schedule here below: 17th May, 2016. Kisiara Chief's Office (Roret) at 9.30 a.m. Parcel No. Registered Owner Acquired Area (Ha) Kericho/Roret/1074 Lucas Kipkoske Kimeto 0.085 Kericho/Roret/1075 Peter Kiptalam arap Nyatarot 0.218 Kericho/Roret/1071 Peter Kiptalam arap Nyatarot 0.066 Kericho/Roret/1076 Peter Kiptalam arap Nyatarot 0.078 Kericho/Roret/1077 Peter Kiptalam arap Nyatarot 0.334 Every person interested in the affected land is required to deliver to the National Land Commission on or before the day of inquiry a written claim to compensation, copy of identity card (ID), personal Identification No. (PIN), land ownership documents and bank account details. The commission offices are in Ardhi House, Nairobi, 3rd Floor, Room 305, 1st Ngong Avenue. MUHAMMAD A. SWAZURI, MR/9370761 Chairman, National Land Commission.