GAZETTE NOTICE NO. 2275

PURSUANT to section 37 of the Leadership and Integrity Act, 2012, the National Police Service Commission (NPSC) issues the Leadership and Integrity Code of Conduct set out in the Schedule hereto, to be observed by and binding upon State Officers in the National Police Service Commission and the National Police Service. PART I—STATEMENT OF INTENT This Leadership and Integrity Code for State Officers in the National Police Service Commission and the National Police Service is made pursuant to the provisions of section 37 of the Leadership and Integrity Act, 2012, and is intended to give effect to Chapter Six of the Constitution, establish standards of integrity and ethical conduct in the leadership and service of the nation by ensuring that the State Officers respect the values, principles and requirements of the Constitution, and any other applicable laws or policies, in the discharge of their duties to the nation. PART II—PRELIMINARY PROVISIONS Citation. 1. This Code may be cited as the Leadership and Integrity Code for State Officers in the National Police Service Commission and the National Police Service and shall commence upon publication. 10th March, 2017 THE KENYA GAZETTE 2. In this Code, unless the context otherwise requires— “Act” means the Leadership and Integrity Act, 2012; “bank account” has the meaning assigned to it under section 2 of the Act; “Code” means the Leadership and Integrity Code for State Officers in the National Police Service Commission and the National Police Service; “Commission” means the Ethics and Anti-Corruption Commission established under section 3 of the Ethics and Anti-Corruption Commission Act, 2011; “Office” means the National Police Service Commission and includes any unit, organ or department that forms part of the National Police Service Commission and the National Police Service; “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 her spouse, child, business associate or agent; “public officer” 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 under section 54 of the Act; and “State Officer” means the Chairperson, Member or Secretary of the National Police Service Commission, the Inspector-General of Police, the Deputy Inspector-General of Police and the Director, Directorate of Criminal Investigations. Scope of application of Code 3. (1) This Code shall apply to all State Officers serving in the National Police Service Commission and the National Police Service. (2) If any provision of this Code is inconsistent with the General Leadership and Integrity Code under Part II of the Leadership and Integrity Act, 2012, the Act shall prevail. Application of the Constitution, and the Public Officer Ethics Act, 2003. 4. Unless otherwise provided in this Code, the provisions of the Constitution, the Act, the Public Officer Ethics Act, 2003, and the National Police Service Commission Act, 2011, shall form part of this Code, and shall apply to all State Officers in so far as they seek to promote the ethics, integrity and standards of service of State Officers serving in the National Police Service Commission and the National Police Service. State Officer to sign Code 5. (1) A State Officer appointed to the office shall sign and commit to this Code at the time of taking oath of office or within seven (7) 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 to this Schedule. PART III—LEADERSHIP AND INTEGRITY REQUIREMENTS Rule of law 6. (1) A State Officer shall respect and abide by this Code, 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. Public trust 7. 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. Responsibility and duties 8. 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. Performance of duties 9. (1) A State Officer shall in accordance with the law and to the best of his or her 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. Professionalism 10. 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 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 a 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, the Act or any other law or this Code. Financial probity 11. (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 (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 shall submit an 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 biennially and a final declaration within thirty (30) days of ceasing to be a State Officer. (4) 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 provisions of section 30 of the Public Officer Ethics Act, 2003. (5) State Officer shall pay any taxes, loans or other debts due from him or her within the prescribed period. (6) A State Officer shall not neglect his or her financial or legal obligations. Moral and ethical requirements 12. A State Officer shall observe and maintain the following ethical and moral requirements— (a) demonstrate honesty in the conduct of his or her public and private affairs; (b) not 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; (f) not falsify any records; (g) not sexually harass or have inappropriate sexual relations with other State Officers, staff of the Office or any other person; (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; or (j) not commit any criminal offence contemplated under section 13(1)(i) of the Act. Gifts and benefits in kind 13. (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) Despite subparagraph (1), a State Officer may receive a gift given in an official capacity, provided that the gift— (a) is within the ordinary bounds of propriety, a usual expression of courtesy or protocol and within the ordinary standards of hospitality; (b) is not monetary; or (c) does not exceed the value prescribed by the Commission under the Act or any other law. (3) Without limiting the generality of subparagraph (2), a State officer shall not— (a) accept or solicit gifts, hospitality or other benefits from a person who— (i) is a client of the office in connection with any matter or in respect of whom the Office is undertaking any proceedings; (ii) has a contractual relationship with the Office; (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 under the Act. (4) Subject to subparagraph (2), a State officer who receives a gift or donation shall declare the gift or donation to the Commission within fourteen days from the date of receipt of the gift. (5) The Office shall maintain a register of all gifts received by State Officers as provided for in the Act and Regulations made thereunder. Wrongful and unlawful acquisition of property 14. A State Officer shall not use the office to wrongfully or unlawfully acquire or influence the acquisition of property for self or any other person. Conflict of interest 15. (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 or her 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 with the State Officer’s personal interests and official duties. (3) A State Officer whose personal interest conflict with their official duties shall declare the personal interest to the Commission and the Office. (4) The Commission or the Office shall 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 and any direction issued by the Commission or the Office under this subparagraph shall be in writing. (5) Despite 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 State 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 subparagraph (6) shall be recorded in the minutes of that meeting. (8) The Office shall maintain a register of conflicts of interest in a prescribed form in which an affected State Officer shall register the particulars of registrable interests, stating the nature and extent of the conflict. (9) For purposes of subparagraph (8), the registrable interests shall include— (a) the interests set out in the Second Schedule of the Act; (b) any connection with a person, firm or a company, whether by relation, friendship, holding of shares or otherwise, who or which has an interest in the matter for which the Office or the State Officer is responsible; (c) any application for employment or other form of engagement with the Office, by a family member or friend of the State Officer or by a law firm or a corporation associated with a State Officer; and (d) 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 Office shall keep the register of conflicts of interest for five years after the last entry in each volume of the register. (11) The Office shall prepare a report of the registered interests within thirty days after the close of a financial year. (12) A State Officer shall ensure that an entry of registrable interests under subparagraph (8) is updated and to notify the Office of any changes in the registrable interest, within one month of each change occurring. Participation in tenders invited by the Office 16. (1) A State Officer shall not participate in a tender for the supply of goods or services to the Office. (2) Despite subparagraph (1), a company or entity associated with the State Officer shall not be construed as trading with the Office unless— (a) the State Officer has controlling shareholding in the company or entity; (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. Public collections 17. (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 the State Officer's integrity, impartiality or interferes with the performance of the official duties. (3) Nothing in this paragraph shall be construed as prohibiting a State Officer from making a voluntary contribution. Bank accounts outside Kenya 18. (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 such 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 such appointment, close the bank account within three months or such other period as the Commission may from time to time 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. Acting for foreigners 19. (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. (2) For purposes of this paragraph— (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. 10th March, 2017 THE KENYA GAZETTE Care of property 20. (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 Office all the public property in his or her custody, possession or control at the end of the appointment term. (4) A State Officer who contravenes subparagraphs (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. Misuse of official information 21. (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 court order; (b) for purposes of educational, research, literary, scientific work or other purposes not prohibited by law; or (c) compliance with Article 35 of the Constitution and the relevant law. Political neutrality 22. Pursuant to section 23 of the Act, 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; (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. Impartiality 23. 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. Giving advise 24. A State Officer who has a duty to give advice shall give honest, accurate and impartial advice without fear or favour. Gainful employment 25. (1) A full time State Officer shall not participate in any other gainful employment. (2) For the purposes of subparagraph (1), “gainful employment” means work that a person may 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 a State Officer in the execution of the functions of the State Office or results in a conflict of interest in terms of section 16 of the Act. Offers of future employment 26. (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 future employment or benefits. (2) A State Officer shall disclose, in writing, to the Office all offers of future employment or benefits that could place the State Officer in a situation of conflict of interest. Engagement of former state officers in similar matters 27. A former State Officer shall not be engaged by or act for a person or entity in a matter in which the officer was originally engaged in as a State Officer, for at least two years after leaving the Office. Misleading the public 28. A State Officer shall not knowingly give false or misleading information to any person. Falsification of records 29. A State Officer shall not falsify any records or misrepresent information to the public. Citizenship 30. (1) Pursuant to Article 78(3) of the Constitution, a State Officer, other than a member of the Commission, who acquires dual citizenship shall lose his or her position as a State officer. (2) A person who holds dual citizenship shall, upon appointment to a State office, other than the office of a member of the Commission, not take office before officially renouncing their other citizenship in accordance with the provisions of the Kenya Citizenship and Immigration Act, 2011. Conduct of private affairs 31. A State Officer shall conduct his or her private affairs in a manner that inspires public confidence in the integrity of his or her Office. Bullying 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 and is intended to undermine a person. Acting through others 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 (b) allow or direct a person under his or her 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 if the State Officer has taken reasonable steps to prevent it. Reporting improper orders. 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) The Commission shall investigate the report and take appropriate action within ninety days of receiving the report. Confidentiality 35. Subject 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. Preferential treatment 36. A State Officer shall not depart from their official duties to assist private entities or persons in their dealings with the National Police Service Commission where such assistance would amount to preferential treatment to any person. Duty to prevent occurrence of corruption or unethical practice in the Office 37. 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, or has been done or about to be done shall take all necessary measures to prevent it from continuing or materializing in addition to any other appropriate action. Promotion of ethics, integrity and best practices in the office 38. State Officers in the Office shall collectively and individually take measures to ensure that they uphold and practice the highest attainable degree of integrity in the performance of their duties. Dress code 39. A State Officer shall maintain appropriate standard of dress and personal hygiene at all times. PART IV—ENFORCEMENT OF THE CODE Lodge of complaint 40. (1) Any person may lodge a complaint alleging a breach of this Code by a State Officer to the National Police Service Commission, the Commission, the National Assembly or the Office as may be appropriate. (2) Where the complaint is made to the Office, the Office shall register and carry out investigations into the complaint and take appropriate action in line with the appropriate law and such action may include referral of the matter to the Commission or another agency vested with jurisdiction to act on the matter. (3) Where a breach of this Code amounts to a violation of the Constitution, the State Officer may be removed from Office in accordance with the applicable provisions of the Constitution, the Judicial Service Act or any other applicable law. (4) A State Officer under investigation for breach of this Code may be suspended from the office pending the outcome of the investigations. Advisory opinion on ethical issues 41. 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. PART V—GENERAL PROVISIONS Leadership and integrity education generally 42. The Office shall collaborate with the Commission or other public entities to ensure that the State Officers and Public Officers serving in the Office are sensitized about leadership and integrity issues at least once a year. Personal responsibility to implement the Code 43. Each State Officer shall take personal responsibility for compliance with the provisions of this Code. Annual Report of the Office 44. The Office shall cause to be prepared an annual report on the implementation of the Code, which report shall be shared with the Commission. Amendment of the Code. 45. The National Police Service Commission may, with the approval of the Commission, review and amend the Code. APPENDIX (par.5 (3)) COMMITMENT TO THE CODE I, .............................................................................................................. holder of National ID/ Passport No. ..................................................and Post Office Box No................................................................................. having been appointed as..................................................(Designation) in the National Police Service Commission ..........................................., do hereby confirm that I have read and understood the Leadership and Integrity Code for the State Officers in the National Police Service Commission 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 other incidental assignment as may be given to me. Signed..................................................................................................... this ...........................................day of ..........................20.................... Sworn Before Me: COMMISSIONER FOR OATHS/ JUDGE/ MAGISTRATE PRESCRIBED for the State Officers in the National Police Service Commission in accordance with the provisions of section 37 of the Leadership and Integrity Act, 2012. At………..............……, this……….....day of …………………, 2017. ....................................................... ................................................... Chairperson Secretary/CEO.