GAZETTE NOTICE NO. 2973

the following parcels of land for the Construction of a Coal- Fired Power Plant and ancillary facilities in Lamu County. L.R. No. Registered Owner Area to be acquired (Ha) 12852/408 Alex Muatiwa 18.00 12852/409 Mohamed Jafar 18.00 12852/410 Ha-Abdidiradi Mohamed 18.00 12852/411 Kizta Enterprises and James Mathiu 0.086 12852/412 Mohamed Hamid, Dominic Kimathi and James Mathiu 0.057 12852/178 Mephis Limited 80.08 12852/177 Upscale Investments Ltd 80.07 12852/176 Upscale Investments Ltd 80.07 12852/405 Mohamed Bunu 31.00 12852(407 Mohamed Bono 31.00 12852/406 Ahmed Sherae 31.00 Plans of the affected land may be inspected during office hours at the office of the National Land Commission, Alai House, 3rd Floor, Room No. 305, 1st Ngong Avenue, Nairobi and Lamu County Land Office. MUHAMMAD A. SWAZURI, MR/9370782 Chairman, National Land Commission. 29th April, 2016 THE KENYA GAZETTE 1885 GAZE r E NOTICE No. 2975 THE KENYA NATIONAL COMMISSION ON HUMAN RIGHTS ACT, 2011 THE KENYA NATIONAL COMMISSION ON HUMAN RIGTHS CODE OF CONDUCT AND ETHICS FOR THE KENYA NATIONAL COMMISSION ON HUMAN RIGHTS STAFF Preamble WHEREAS the Constitution of Kenya provides for the establishment of the Kenya National Human Rights and Equality Commission which was operationalized through the Kenya National Commission on Human Rights (KNCHR) Act, 2011 whose membership consists of a Chairperson and four other members with authority to appoint such staff as may be necessary for the proper discharge of its functions; WHEREAS such members of the Commission and staff recognize both the significance of the protection of human rights and the importance of the integrity, impartiality and independence of the Kenya National Commission on Human Rights, a Code of Conduct governing the Employees of the Commission is established pursuant to the Public Officers Ethics Act, 2009. 1.APPLICATION The KNCHR Code of Conduct applies to the staff and all persons contracted to provide services to the commission whether on permanent, temporary, consultancy or other basis. In the application of this Code, it must be recognized that the staff have been appointed because of their experience, expertise and interest in, and sensitivity to, human rights. The same shall apply to all other persons contracted to provide service to the commission. Penalties prescribed under the Constitution of Kenya, the Kenya National Commission on Human Rights Act, 2011 and the Public Officers Ethics (POE) Act (Rev) 2009 will apply as appropriate. 2.INTERPRETATION In this code unless the context otherwise requires- All interpretations and meanings in this Code shall be in line with the Constitution of Kenya, KNCHR Act, 2011 and Public Officer and Ethics Act (Rev) 2009 The "Commission" means Kenya National Commission on Human Rights "Officer" means any officer, employee including an unpaid part time or temporary officer, employee or member of the Commission "Personal interest" includes the interest of a spouse, relative or business associate or any other matter in which the staff was a direct or indirect pecuniary or non-pecuniary interest. 3.CODE OF CONDUCT AND ETHICS 1.Core Values The core values of the Commission are Integrity, Independence, Inclusiveness, Impartiality and Accessibility 2.Guiding Values, Principles and requirements This Code of Conduct is guided by the principles of Article 10 of the Constitution, Chapter 6 of the Constitution on Leadership and Integrity and the Public officers Ethics Act, 2009, Sexual Offences Act, 2006; the Universal Declaration of Human Rights 1948, and the Principles relating to the Status of National Institutions (The Paris Principles) of 20th December, 1993. 3.Professionalism In the discharge of the functions of the Commission, an employee of the Commission shall:- (a)carry out his or her duties in a way that maintains public confidence and the integrity of the Commission; (b)treat the public and his or her fellow officers with courtesy and respect both in terms of actions and communication whether written, verbal or non-verbal; (c)not discriminate against any person, except as is expressly provided by the law; (d)to the extent appropriate to his or her office, seek to improve the standards of performance and level of professionalism at the commission; (e) if a member of a professional body, observe the ethical and professional requirements of that body; (f) observe official working hours and not be absent without proper authorization or reasonable cause; (g) maintain an appropriate standard of dress and personal hygiene; and (h) Discharge any professional responsibilities in a professional manner. 4. No Improper Enrichment (a)An employee of the Commission shall not use his or her office to improperly enrich himself or herself or others. (b)In this regard, an employee of the Commission shall not accept or request gifts or favors from a person who- (i) has an interest that may be affected by the carrying out, or not carrying out, of the public officer's duties; (ii)Carries on regulated activities with respect to which the Commission has a role; or (iii)has a contractual or similar relationship with the Commission; (iv)Improperly use his or her position at the Commission to acquire properties for himself or herself or another person, whether or not the properties are paid for; or (v)for the personal benefit of himself or herself or another, use or allow the use of information that is acquired in connection with the public officer's duties and that is not public. (c) Subsection (ii) does not prevent a commission officer from accepting a gift from a relative or friend given on a special occasion recognized by custom. Subject to Article 76(2)(b) of the Constitution, an employee of the Commission shall not accept a personal loan or benefit which may compromise the employee in carrying out his/her duties. 5. Rule of Law (a)An employee of the Commission shall respect and abide by the Constitution and the law. (b)An employee of the Commission shall carry out his or her duties in accordance with the law. (c)In carrying out his or her duties, a public officer shall not violate the rights and freedoms of any person under Chapter IV of the Constitution of Kenya unless otherwise expressly provided for in the law and in accordance with Article 24 of the Constitution. 6. Public Trust In the discharge of duties and responsibilities, Commission staff shall have regard to the fact that authority assigned to them is a public trust to be exercised with utmost good faith to serve the people of Kenya. 7. Performance of duties An employee of the Commission shall, to the best of their ability (a)carry out their duties efficiently and honestly; (b)carry out the duties in a transparent and accountable manner; 8. Moral and ethical requirements (1) For the purposes of Articles 99(1)(b) and 193(1)(b) of the Constitution, a person shall observe and maintain the following ethical and moral requirements — (a)demonstrate honesty in the conduct of public affairs subject to the Public Officer Ethics Act (No. 4 of 2003); (b)not to engage in activities that amount to abuse of office; (c)not engage in wrongful conduct in furtherance of personal benefit; (d) not misuse public resources; (e) not discriminate against any person, except as expressly provided for under the law; (f) not falsify any records; (g) not engage in actions which would lead to the Public officer's removal from the membership of a professional body in accordance with the law; and (h) not to commit offences and in particular, any of the offences under Parts XV and XVI of the Penal Code (Cap. 63), the Sexual Offences Act (No. 3 of 2006), the Counter-Trafficking in Persons Act (No. 8 of 2010), and the Children Act (Cap. 141). 9. Conflict of Interest (a)In discharge of the Commission mandate, an employee of the Commission shall conduct all their affairs in a manner that prevents real, potential or apparent conflicts of interest from arising. (b)A staff shall use best effort to avoid being in a situation where personal interest conflict or appear to conflict with the public officer's official duties. (c)An employee of the Commission shall not hold shares in corporations, partnership or other body if holding the shares or having that interest will result in a conflict of the officers' personal interests and the officers' official duties. (d)An employee of the 'Commission whose personal interest conflict with their official duties shall declare their personal interests to the Commission immediately. (e)The Commission or a public entity may give direction on the appropriate action to be taken by the State officer or public officer to avoid the conflict of interest and the State officer or public officer shall — (i) Comply with the directions; and (ii) Refrain from participating in any deliberations with respect to the matter 69 In this regard, they shall only accept assignments or appointments to individual cases where there is no real, potential or apparent conflict of interest. (g) Where a conflict arises between the private interests of the staff and their official duties and responsibilities, the conflict shall be resolved in favour of the public interest. (h) Notwithstanding any directions to the contrary under subsection (v) an employee of the Commission shall not award a contract, or influence the award of a contract, to — (i) himself/herself; (ii)a spouse or relative; (iii)a business associate; or (iv)a corporation, partnership or other body in which the officer has a substantial or controlling interest. (i) The Human Resource Policy Manual may govern when the personal interests of a staff conflict with his/her official duties for the purposes of this section. (j) In this section, "personal interest" includes the interest of a spouse, child, business associate or agent or any other matter in which the employee of the Commission has a direct or indirect pecuniary or non-pecuniary interest. (k) Where an employee of the Commission is present at a meeting where issues which are likely to result in a conflict of interest are to be discussed the staff shall declare their interest at the beginning of the meeting or before the issue is deliberated. (I) A declaration of a conflict of interest shall be recorded in the minutes of that meeting. The Commission shall maintain an open register of conflict of interest in the prescribed form in which an affected staff shall register the particulars of registratable interest stating the nature and extent of the conflict. (m)The Commission through the Commission Secretary shall keep the register of conflict of interest for five years. (n)An employee of the Commission shall ensure that an entry of registratable interest is updated and notify the Commission in writing of any changes in the registratable interest within one month of each change occurring. 10. Collections and Harambees (a) An employee of the Commission shall not, subject to the Public Officers Ethics Act — (i)Use his or her office or place of work as a venue for soliciting or collecting harambees; or (ii)Either as a collector or promoter of a public collection, obtain money or other property from a person by using his official position in any way to exert pressure. Acting for Foreigners (a)No Commission staff shall, in a manner that may be detrimental to the security interests of Kenya, be an agent for, or further the interests 'of, a foreign government, organisation or individual, except when acting in the course of official duty. (b)For the purposes of this section — (i)an individual is foreign if the individual is not a citizen of Kenya; (ii)an organisation is foreign if it is established outside Kenya or if it is owned or controlled by foreign governments, organisations or individuals. 12. Gifts or benefits in kind (1) A gift given to an employee of the Commission shall be treated as a donation to the Commission. (2) An employee of the Commission may accept a gift given to himself or herself in his or her official capacity but, unless; the gift is within the ordinary bounds of propriety, a usual expression of courtesy or protocol and within the ordinary standards of hospitality; the gift is a non-monetary gift that does not exceed the value prescribed, such a gift shall be deemed to be a gift for the Commission. (3) WithOut limiting the generality of subsection (ii), an employee of the Commission shall not— (a) accept a gift, hospitality or the benefits from a person or organisation who — (i)has an interest that may be achieved by the carrying out or not carrying out of the Commission staff's duties. (ii)Carries on regulated activities, in respect to which Commission Staff role. (iii)Has a contractual or legal relationship with the Commission. (b) accept gifts of jewellery or other gifts comprising of precious metal or stones ivory or any other animal part protected under the Convention on International Trade in Endangered Species of Wild Fauna and Flora. (4) An employee of the Commission shall not receive a gift or donation which is given with the intention of compromising their integrity, objectivity or impartiality. (5) Subject to (ii) an employee of the Commission who receives a gift or donation shall declare the gift or donation to the Commission. (6) The Commission shall receive gifts and donations obtained by an officer and keep a register of the same. (7) This section shall also make reference to the Public Officer Code of Ethics Act, Section 14. 13. Care of Commission Property (1)An employee of the Commission shall take all reasonable steps to ensure that property that is entrusted to his or her care is adequately protected and not misused or misappropriated. (2)A person who contravenes the above shall be personally liable for losses resulting from the contravention. 29th April, 2016 THE KENYA GAZETTE 1887 14. Political Neutrality (a) An employee of the Commission shall not, in connection with the Performance of his or her duties as such — (i)Act as an agent for, or so as to further the interest of, a political party; or (ii)Indicate support for or opposition to any political party or candidate in an election. (b) An employee of the Commission shall not engage in political activity that may compromise or be seen to compromise the political neutrality of the Commission. (c) An employee of the Commission interested to join politics will resign from the Commission within the stipulated provisions. 15. Nepotism An employee of the Commission shall not practice nepotism or favoritism. 16. Giving of Advice An employee of the Commission who has a duty to give advice shall give honest and impartial advice without fear or favor. 17. Misleading the public An employee of the Commission shall not knowingly give false or misleading information to members of the public or to any other public officer. 18. Falsification of records An employee of the Commission shall not falsify any records or misrepresent information to the public. 19. Conductof Private Affairs (a)An employee of the Commission shall conduct his or her private affairs in away that maintains public confidence and the integrity of the Commission. (b)An employee of the Commission shall not evade taxes. (c)An employee of the Commission shall not neglect his or her obligations (financial and non-financial) or neglect to settle them. 20. Sexual Harassment (1)An employee of the Commission shall not sexually harass a member of the public or a fellow staff (2)In the subsection above, "sexually harass" includes doing any of the following (a)if the person doing it knows or ought to know that it is unwelcome- (b)making a request or exerting pressure for sexual activity or favors; (c)making intentional or careless physical contact that is sexual in nature; and (d)making gestures, noises, jokes, advances or comments/remarks, including innuendos, regarding another person's sexuality (e)and/ or any other as prescribed in the Sexual Offences Act 21. Submission of Declarations (I) Every Commission staff shall, submit or make any declaration or clarification required under Part IV of the Public Officer Ethics Act, 2003 Act, sections 26-34. 22. Bank accounts outside Kenya (1)Subject to Article 76(2) of the Constitution or any other written law, a Commission staff shall not open or continue to operate a bank account outside Kenya without the approval of the Ethics and Anti-Corruption Commission. (2)A Commission staff who has reasonable grounds for opening or operating a bank account outside Kenya shall apply to the Ethics and Anti-Corruption Commission for approval to open or operate a bank account. (3)A Commission staff who operates or controls the operation of a bank account outside Kenya shall submit statements of the account annually to the Ethics and Anti-Corruption Commission and shall authorize the Ethics and Anti- Corruption Commission to verify the statements and any other relevant information from the foreign financial institution in which the account is held. (4)Without prejudice to the foregoing provisions of this section, a Commission staff who fails to declare operation or control of a bank account outside Kenya commits an offence and shall, upon conviction, be liable to imprisonment for a term not exceeding five years, or a fine not exceeding five million shillings, or both. 23.Independence and Impartiality (1) All Commission staff shall be independent and impartial and act in a fair manner that avoids creating appearance or apprehension of bias; they shall not be influenced by self- interest, outside pressure, political consideration, public clamour, loyalty to a political party or fear of criticism in the discharge of their duties and responsibilities. 24.Confidentiality (1) The Commission staff shall not at any time disclose or use any non-public information concerning a proceeding or acquired in the course of their work to gain personal advantage or to adversely affect the interest of another staff member or a member of the public. 25.Competence (1) In discharging their duties and responsibilities at the Commission, staff shall ensure the highest levels of efficiency and efficacy guarded by the highest standards of professionalism based on continuous improvement of knowledge, skills and attitudes. 26.Enforcement of code of Conduct and Ethics (1) An officer contravenes the Code of Conduct and Ethics if — (a)He or she does anything that is a contravention of the Code of Conduct and Ethics; (b)He or she causes anything to be done through another person that would, if the officer did it, be a contravention of the Code of Conduct and Ethics; (c)He or she allows or directs a person under his supervision or control to do anything that is a contravention of the Code of Conduct and Ethics. (d)He or she does not apply with respect to anything done without an officer's knowledge or consent if the public officer took reasonable steps to prevent it. (2) If an employee of the Commission considers that anything required of him or her is a contravention of the Code of Conduct and Ethics or is otherwise improper or unethical, he or she shall report the matter to an appropriate authority. (3) The Commission shall investigate the report and take appropriate action within ninety days of receiving the report. 26.1 Investigations (1)The Commission shall investigate to determine whether the staff has contravened the Code of Conduct and Ethics. (2)An investigation shall be made on the Commission's own initiative or pursuant to a complaint by any person or institution. (3)The Commission shall investigate the matter within a reasonable time and submit a report on its findings. (4)An investigation shall be conducted even if the subject of the Investigation has ceased to be an employee of the Commission. 26.2 Disciplinary Action (1) If an investigation discloses that the Commission staff has contravened the Code of Conduct and Ethics, the Commission shall, within the time period prescribed by the Human Resource policy: (a)Take the appropriate disciplinary action; or (b)Refer the matter to a body or person who has appropriate power to undertake disciplinary proceedings. (2) The time period referred to is — (a)Within thirty days after the completion of the investigation; (b)or (c)If another body investigated the matter Within thirty days after the responsible Commission receives the report of that body. (3) The Commission shall inform the staff concerned of any action it intends to take or it takes before it takes the action or within thirty days after it does so. (4) The section does not affect any legal requirement to inform a public officer earlier than is required under that subsection. 27.Referral for possible civil or criminal proceedings If, as a result of an investigation under this Code, the Commission is of the view that civil or criminal proceedings ought to be considered, the Commission shall refer the matter to the Director of Public Prosecutions or other appropriate authority. 28.Penalty If after investigations it's found that the officer is guilty then the matter will be dealt with in line with the disciplinary procedure as laid out in the KNCHR Human Resource Policy Manual. Staffs signature Staff's Name Date Witness's name Signature Date Dated the 14th December, 2015. PATRICIA NYAKUNDI, MR/9327266 Secretary to the Commission.