GAZETTE NOTICE NO. 4071

IN EXERCISE of the powers conferred by section 37 of the Leadership and Integrity Act, 2012, the County Assembly establishes the Leadership and Integrity Code for the State Officers in the County Assembly. Preamble This Code is established pursuat to section 37 the Leadership and Integrity Act, 2012 which required every public entity to prescribe a specific Leadership and Integrity Code for the, State Officers in the entity. The Code established standards of integrity, behaviour and ethical conduct in the Leadership of the County Assembly by ensuring that the State Officers respect, the values, principles and requirements of the Constitution in the discharge of their duties. The Code affirms Mombasa County Assembly commitment to quality service provision and reputation that values integrity, respect • and truthfulness, and a strong commitment to the highest ethical standards. PART I-PRELIMINARY 1.Citation This Gide may be cited as the County Assembly of Mombasa Leadership and Integrity Code, 2016. 2.Interpretation In this Code, unless the context otherwise requires- "Act" means the Leadership and Integrity Act, 2012; "Assembly" means the County Assembly of Mombasa "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of, or in the name designated by, a customer of the bank or other financial institution and into which money is paid or withdrawn by or for the benefit of that customer or held in trust for that customer and in which the transactions between the customer and the bank or other financial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; "Code" means the County Assembly of Mombasa Leadership and Integrity Code for State Officers. "Commission" means the Ethics and Anti-Corruption Commission established under the Ethics and Anti-Corruption Commission Act, 2011; "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; "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" means the Regulations made by the Commission pursuant to Section 54 of the Leadership and Integrity Act, 2012; "Spouse" means a wife or husband; "State Officer" means member of a county assembly, governor or deputy governor of a County, or other member of the executive committee of a county government. 3. Application of Code This Code applies to State Officers in the Assembly. 4. Application of the Constitution (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 Legislation shall form part of this Code in so far as they conform to the provisions of the Leadership and Integrity Act. 5. State Officer to sign Code (1)A State Officer appointed to the Assembly 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 within seven days of 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 the First Schedule to this code. 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 the office in accordance with the law. (3)In carrying out the duties of the 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 of Kenya, 2010. 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 office 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 their ability — (a)carry out the duties of the office efficiently and honestly; (b)carry out the duties in a transparent and accountable manner; (c)keep accurate records and documents relating to the functions of the office; (d)report truthfully on all matters of the County Government; and (e)communicate effectively and responsibly 10. Professionalism A State officer shall— (a)Carry out duties of the office in a manner that maintains public confidence in the integrity of the office; (b)Treat members of the public and other public officers with courtesy and respect; (c)Not discriMinate against any person, except as is expressly provided by the law; (d)To the extent appropriate to the office, maintain high standards of performance and level of professionalism within the organisation; and (e)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 or this Act. 11. Financial integrity (1) A State officer shall not use the office to unlawfully or wrongfully enrich himself or herself or any other 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 the duties. (3)a State Officer shall submit an initial declaration of income, assets and liabilities within thirty days of assuming office and thereafter make biennial declarations to the office, and a final declaration within (30) days of ceasing to be a State Officer. (4)The Declaration under sub-paragraph (3) shall be submitted to the County Assembly Service Board (5)A declaration filed by a State Officer in accordance with the provisions of sub-paragraph (3) shall be accessible to the Commission and any other person, subject to the provisions of Section 30 of the Public Officer Ethics Act, 2003. 12. Moral and ethical requirements (I) For the purposes of Article 193 (1) (b) of the Constitution, a state officers shall observe and maintain the following ethical and moral requirements— (a)demonstrate honesty in the conduct of public and private 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; w not discriminate against any person, except as expressly provided for under the law; (g)not falsify any records; (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 sexually harass or have inappropriate sexual relations with other state officers, staff of the Assembly or any other person 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; (k) maintain high standards of etiquette at all times (2) A person who wishes to be elected to a State office shall, for the purposes of this section, submit to the Independent Electoral and Boundaries Commission a self-declaration in the form set out in the First Schedule. 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 Assembly. (2) Notwithstanding subsection (1), a State officer may receive a gift given to the 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; and (c)the gift does not exceed such value as may be prescribed by the Commission in the regulations. (3) A State officer shall not — (a) Accept or solicit gifts, hospitality or other benefits from a person who- . (i) has an interest that may be achieved by the carrying out or not carrying out of the State officer's duties; (ii)carries on regulated activities with respect to which the Assembly has a role; (iii)has a contractual or legal relationship with the Assembly; (iv)is under Investigation for criminal culpability; (b) Accept gifts of ivory or any other animal part protected under the Convention on International Trade in Endangered Species of Wild Fauna and Flora; or (c) Any other type of gift specified by the EACC in its regulations. (4) A State officer shall not receive a gift which is given with the intention of compromising the integrity, objectivity or impartiality of the State officer. (5) Subject to subsection (2), a State officer who receives a gift or donation shall declare the gift or donation to the Assembly. (1) 3rd June, 2016 THE KENYA GAZETTE 2355 (6) the Assembly shall keep a register of— (a)gifts received by a State officer serving in the public entity; and (b)gifts given by the Assembly to other State officers. 14. Wrongful or unlawful acquisition of property A state officer shall not use the office to wrongfully or unlawfully 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 personal interests conflict or appear to conflict with his 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 would result in a conflict of the State officer's personal interests and official duties. (3) A State officer whose personal interests conflict with their official duties shall declare the personal interests to the Assembly. (4) The Assembly may give direction on the appropriate action to be taken by the State officer to avoid the conflict of interest and the State officer shall — (a)comply with the directions; and (b)refrain from participating in any deliberations with respect to the matter. (5) Notwithstanding any directions to the contrary under 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) A member of a county assembly shall declare any direct pecuniary interest or benefit of whatever nature in any — (a)debate or proceeding of the body of which he or she is a member; (b)debate or proceeding in any committee of that body; and (c)transaction or communication which the State officer may have with other members of the body, State officers, public officers or government officers. • (9) For purposes of subsection (9), the Clerk of the County assembly shall maintain a register of conflicts of interest, which shall be open to the public for inspection. (10) Every public entity shall maintain an open register of conflicts of interest in the prescribed form in which an affected State officer shall register the particulars of registrable interests, stating the nature and extent of the conflict. (11) For purposes of subsection (11), the registrable interests include the interests set out in the Third Schedule. (12) County Assembly shall keep the register of conflicts of interest for five years after the last entry in each volume of the register. • (13) It shall be the'responsibility of the State officer to ensure that an entry of registrable interests under subsection (11) is updated and to notify the Assembly of any changes in the registrable interests, within one month of each change occurring. 16. Participation in tenders A State officer shall not participate in a tender for the supply of goods or services to a public entity in which he or she is serving or is otherwise similarly associated, but the holding of shares by a State officer in a company shall not be construed as participating in the tender of a public entity unless the State officer has a controlling shareholding in the company or is a director of the company. 17. Public collections (1) A State officer shall not solicit for contributions from the public for a public purpose unless the President or Governor has, by notice in the Gazette, declared a national or county disaster respectively and allowed a public collection for the purpose of the 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. 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 the 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 shall authorize the Commission to verify the statements and any other relevant information from the foreign fmancial institution in which the account is held. (4)Subject to subparagraphs (1) and (2), upon the commencement of this code, a serving State officer who operates a bank account outside Kenya shall close the account within six months or such other period as the Commission may, by notice in the Gazette, prescribe by notice in the gazette. (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. 19. Acting for foreigners (1) A State officer shall not be an agent of or further the interests of a foreign government, organisation or individual in a manner that may be detrimental to the security and economic interests of Kenya, except when acting in the course of official duty. (2) For the purposes of this section — (a)an individual is a foreign individual if the individual is not a citizen of Kenya; and (b)an organisation is a foreign organization if it is established outside Kenya or is owned or controlled by a foreign government, organisation 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 return to the issuing authority all the public property in their custody, possession or control at the end of the appointment, or election term. (4) A State officer who contravenes subsection (2) or (3) shall, in addition to any other penalties provided for under the Constitution 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, which is not available in the public domain, for the furthering of any private interest, whether financial or otherwise. (2)The provisions of subsection (1), shall not apply where the information is to be used for the purposes of — (a)furthering the interests of this Act or (b)educational, research, literary, scientific or other purposes not prohibited by law. 22. 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 practise favouritism, nepotism, tribalism, cronyism, religious bias or engage in corrupt or unethical practices. 23. Giving advice A State officer who has a duty to give advice shall give honest, accurate and impartial advice without fear or favour. 24. Gainful employment (1)Subject to subsection (2), a State officer who is serving on a full time basis 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 judgement of the State officer in the execution of the functions of the State office or results in a conflict of interest. 25. 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 Assembly, all offers of future employment or benefits that could place the State officer in a situation of conflict of interest. 26. Misleading the public A State officer shall not knowingly give false or misleading information to any person. 27. Falsification of records A State officer shall not falsify any records or misrepresent information to the public. 28. Citizenship (1)Subject to Article 78(3) of the Constitution, a State officer who acquires dual citizenship shall lose his or her position as a State officer. (2)A person who holds dual citizenship shall, upon election or appointment to a State office, not take office before officially renouncing their other citizenship in accordance with the provisions of the Kenya Citizenship and Immigration Act, 2011, (No. 12 of 2011.) 29. Conduct of private affairs A State officer shall conduct private affairs in a manner that maintains public confidence in the integrity of the office. 30. Tax, financial and legal obligations (1)A State officer shall pay any taxes due from him or her within the prescribed period. (2)A State officer shall not neglect their financial or legal obligations 31. Bullying (1)A State officer shall not bully any person. (2)For purposes of subsection (1), "bullying" includes repeated offensive behaviour which is vindictive, cruel, malicious or humiliating and is intended to undermine a person. 32. Acting through others (1) A State officer contravenes the Code if the officer — (a)causes anything to be done through another person that would constitute a contravention of the Code if done by the State officer; or (b)allows or directs a person under their supervision or control to do anything that is in contravention of the Code. (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 or her action. 33. Reporting improper orders (1)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. (2)The Commission shall investigate the report and take appropriate action within ninety days of receiving the report. 34. Confidentiality Subject to any written law, a State Officer shall not disclose or cause to be disclosed any information in his/her custody to any unauthorized person during or after expiry of tenure of office. 35. Use of Social Media A State Officer shall not use social media in a manner that is prejudicial to public interest, national cohesion or that otherwise constitutes a breach of any law. 36. Dress Code A State officer shall maintain appropriate standards of dress and personal hygiene at all times. 37. Duty to prevent occurrence of corruption or unethical practises in the Assembly A state Officer who believes or has reason to believe that a corrupt act or unethical malpractice has occurred or is about to occur shall take all necessary measures to prevent it from continuing or materializing in addition to any other appropriate action including reporting to the commission. 38. Provisions relating to implementation of projects (1)A State Officer shall in the exercise of oversight over implementation of projects not interfere with such implementation in any way. (2)A State Officer shall not influence the undertaking of any project without prior planning or budgeting. (3)A State Officer shall not demand or accept any kickbacks, gifts, benefits or other favours from contractors or other persons or entities who are engaged in implementation projects. (4)A State Officer shall not compromise or abet comprising of standards of any project. (5)A State Officer shall, subject to the law, disclose all relevant information regarding any project to any person requiring such information. 39. Preferential treatment A State Officer shall ensure equal and equitable distribution of resources to all persons and any section of the population in his area of jurisdiction and shall not confer any undue advantage to any person or section of the population. PART III—ENFORCEMENT OF THE CODE 40. Enforcement of the Code (I) any person may lodge a complaint alleging a breach of this code by a State Officer to the Office or to the commission. (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 amounts to violation of the Constitution, the State Officer may be removed from the office in accordance with the applicable laws. (4) Where an allegation of breach is made to the Office, the person alleging the breach shall submit a petition setting out the grounds and facts of the alleged violation to the Authorized Officer of the Office. (5) Upon receipt of the Complaint, the Office shall register and carry out investigations into the complaint, and may take action against the State Officer in accordance with the Act, Standing Orders of the Assembly, any Regulations made by the Commission under the Act or other law that for the time being governs the conduct of State Officers in the Assembly. (6) If upon investigation into the alleged breach of the Code, the Office is of the opinion that civil or criminal proceedings out to be preferred against the respective State Officer, it shall refer the matter to— (a)the Commission, with respect to civil matters; and (b)the director of Public Prosecutions with respect to criminal matters. (7) Where the complaint is made to the Commission, the Commission shall take such action against the State Officer as it deems necessary in accordance with its mandate under the law. (8) Notwithstanding sub-paragraph (5), the Commission may, subject to the law, take any additional action it deems appropriate in relation to any breach of the Code or require the Office to take any action against a State Office who has breached the Code. Victimization 41. A State Officer shall not in any way victimize any other State Officer or Public Officer or any other person for any lawful action or omission. Duty of Authorized Officer and Accounting Officer to comply with directives of the Commission in implementation of the Code. 3rd June, 2016 THE KENYA GAZETTE 2357 42. The Authorized Officer or Accounting Officer of the Office shall at all times comply with such orders or directives as may be issued by the Commission from time to time towards the implementation and enforcement of this Code. PART IV—GENERAL PROVISIONS Advisory opinion 43. 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 (f)any other matter incidental to the promotion of the ethics and integrity of State; Officers and public officers generally. Traihing on Leadership and Integrity 44. The office shall collaborate with the Commission to ensure that the State Officers and public officers serving in the Office are sensitized on leadership and integrity issues at least once a year. Personal responsibility for compliance 45. Each State Officer shall take personal responsibility or compliance with the provisions of this Code Annual Report 46. The Authorized Office or his designate shall cause to be prepared and submitted to the Commission an Annual Report on the progress made in implementation and enforcement of the Code in a prescribed format by the Commission. 47. Review The Code shall be reviewed as and when necessary by the Assembly with the approval of the Commission FIRST SCHEDULE (Para. 5(3)) COMMITMENT TO THE LEADERSHIP AND INTEGRITY CODE FOR STATE OFFICERS IN THE COUNTY ASSEMBLY OFMOMBASA I holder of National ID/Passport No and Post Office Box No. having been elected as in the County Assembly of Mombasa do hereby confirm that I have read and understood the Leadership and Integrity Code for State Officers in the County Assembly of Mombasa and hereby solemnly declare and commit myself to abide by the provisiens of the Code at all times. SIGNED at By the said Deponent This day of 20 Before Me Judge/ Magistrate/ Commissioner for Oaths PRESCRIBED for the State Officers in the County in accordance with the provisions of section 37 of the Leadership and Integrity Act, 2012. At this. .day of 2016 Speaker of the County Assembly _ APPROVED by the Ethics and Anti-corruption commission, in accordance with the provisions of section 39 of the leadership and integrity act 2012. At this day of 2016 SECRETARY/ CHIEF EXECUTIVE OFFICER ETHICS AND ANTI-CORRUPTION COMMISION SECOND SCHEDULE ACKNOWLEDGEMENT FORM FOR CODE I have read and am familiar with the County Assembly of Mombasa Leadership and Integrity Code, 2016. I will comply with and enforce the policies in this Code in its entirety. I further understand that County Assembly of Mombasa takes a zero-tolerance approach to violations of this Code. By signing this acknowledgement I am indicating that I have read and will abide by this code. State Officer Signature State Officer name County Assembly of Mombasa . Date THIRD SCHEDULE Sec 15(12) REGISTRABLE INTEREST (a)Directorship in public or private companies, whether remunerated directly or indirectly (b)Remunerated employment (including office, trade, profeision or vocation which is remunerated or which the stare officer has pecuniary interest). (c)Securities (shares, bonds, debentures or any other similar holding) in a company or enterprise or undertaking the aggregate nominal or market value of which exceeds a prescribed value while the state officer was in office. (d)Contracts for supply of goods and services. (e)Plans or expectations for, or offers of future employment (f)Public affairs advise and services to clients. (g)Shareholdings (amounting or not amounting to a controlling interest). (h)Travel facilities and overseas visits. (1) Sponsorships (from companies, trade unions, professional bodies, charities, universities or other organisations or individuals). (j)Gifts, benefits and hospitality (to a state officer or the state officer's spouse or partner or child or any other material benefit of a prescribed value, from a company, organisation or person within Kenya or overseas, which relates substantially to the membership of the state officer to the County Assembly). (k)Miscellaneous financial interest (not falling within the above categories but which a reasonable member of the public would think might influence the conduct of a state officer in his/her office). (I) Non financial interests (which may reasonably be thought to affect the way a member discharges the duties in a state office such as unremunerated directorship, membership of public bodies such as hospital trusts, governing bodies of universities, colleges or schools, and other spheres of government). (m)Pending civil or criminal cases touching on the state officer or business associate or firm. (h) Possession of dual citizenship or pending applications for dual citizenship and the status for such application. THADIUS RAJWAYI, Speaker, Mombasa County Assembly. MR/9496668