GAZETTE NOTICE NO. 9336

pursuant to section 54 of the Leadership and Integrity Act, 2012; “Spouse” means a wife or husband; “State Officer” means the Chairperson or Member of the Commission on Administrative Justice; Application 3. This Code applies to State Officers in the Commission. Application of the Constitution, Leadership and Integrity Act, the Public Officer Ethics Act and the Commission on Administrative Justice Act 4. (1) The provisions of Chapter Six of the Constitution and the Leadership and Integrity Act shall form part of this Code. (2) Unless otherwise provided in this Code, the provisions of the Public Officer Ethics Act (No. 4 of 2003) and the Second Schedule of the Commission on Administrative Justice Act shall form part of this Code in so far as they conform to the provisions of the Leadership and Integrity Act. Subscription to the Code 5. (1) A State Officer 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 within seven (7) days of its gazettement. PART II—REQUIREMENTS Compliance with the Code 6. A State Officer shall comply with all the requirements set out in this Code. Rule of Law 7. (1) A State Officer shall respect and abide by the Constitution and the law. (2) A State Officer shall carry out the duties of 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. Public Trust 8. A State Office is a position of public trust and the authority and responsibility vested in a State Officer shall be exercised by him/her in the best interest of Kenyans. Responsibility and Duties 9. Subject to the Constitution and any other law, a State Officer shall take personal responsibility for the reasonably foreseeable consequences of any actions or omissions arising from the discharge of the duties his/her office. Performance of Duties 10. A State Officer shall, to the best of his/her ability— (a) carry out the duties of his/her office efficiently, honestly, transparently and accountably; (b) keep accurate records and documents relating to the functions of his her office; and (c) report truthfully on all matters relating to the Commission. Professionalism 11. A State Officer shall— (a) carry out the duties of his/her office in a manner that maintains public confidence in the integrity of the Commission; (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 his/her office, maintain high standards of performance and level of professionalism within the Commission; (e) where the State Officer is a member of a professional body, he/she shall subscribe and observe the ethical and professional requirements of that body insofar as the requirements do not contravene the Constitution and the Leadership and Integrity Act; (f) observe official working hours and not absent himself/herself from work without reasonable cause; and (g) discharge his/her professional responsibilities in a professional manner. Financial Integrity 12. A State Officer shall— (a) not use his/her office to unlawfully or wrongfully enrich himself/herself or any other person; (b) subject to Article 76 (2) (b) of the Constitution, not accept a personal loan or benefit which may compromise him/her in the performance of the duties; (c) not engage in any activity that may impair his/her work or lead to pecuniary embarrassment; (d) not evade payment of taxes and other levies to the Government or lawful authorities; (e) not neglect his/her financial or legal obligations; and (f) submit a declaration of income, assets and liabilities within 30 days of assumption of office to the Speaker of the National Assembly and thereafter bi-ennially, and 30 days upon leaving office. Moral and Ethical Requirements 13. A State Officer shall observe and maintain the following ethical and moral requirements— (a) demonstrate honesty in the conduct of his/her public and private affairs; (b) maintain moral uprightness at all times; (c) not engage in activities that amount to abuse of office or may be interpreted as such; (d) not misuse resources entrusted to him/her; (e) not engage in wrongful conduct in furtherance of personal benefit; (f) not falsify any records or give misleading information to the public; (g) not engage in any action which would lead to his/her lawful removal from the membership of a professional body; (h) not sexually harass or have inappropriate sexual relations with other State Officers, staff of the Commission or any other person; (i) not bully or intimidate other State Officers, staff of the Commission or members of the public; and 22nd September, 2017 THE KENYA GAZETTE (j) not commit offences, in particular any of the offences under Parts XV and XVI of the Penal Code, the Sexual Offences Act, the Counter-Trafficking in Persons Act and the Children’s Act. Gifts, Benefits and Favours 14. (1) A gift or donation given to a State Officer on a public or official occasion shall be treated as a gift or donation to the Commission. (2) Notwithstanding subsection (i), a State Officer may receive a gift given to him/her 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 such value as may be prescribed by the Regulations under the Leadership and Integrity Act; (d) the receipt of the gift is done with utmost transparency, openness and not in secrecy; and (e) in the opinion of the Officer, the acceptance of the gift does not compromise his/her integrity, objectivity, impartiality or create potential conflict of interest. (3) A State Officer shall not— (a) accept or solicit gifts, hospitality or other benefits from a person who— (i) is under an inquiry or investigation; (ii) has a contractual relationship with the Commission; (iii) likely to have a contractual relationship with the Commission in respect of an ongoing process (tendering, recruitment e.t.c) process; (iv) reported a matter to the Commission; (v) has been or likely to be adversely mentioned in any inquiry or investigation report of the Commission; or (vi) has an interest that is directly or indirectly connected with his/her duties; (b) accept gifts or jewellery or other gifts specified under the Convention on International Trade in Endangered Species of Wild Fauna and Flora; or (c) accept any other gift prohibited by the Regulations under the Leadership and Integrity Act; (d) a State Officer who receives a gift or donation shall declare the gift or donation to the Commission and the Ethics and Anti- Corruption Commission within seven days of such receipt, and the Commission shall make appropriate decision on the disposal of the gift; (e) the Commission shall maintain a register of all gifts received by the State Officers. 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/her official duties. (2) Without limiting the generality of subsection (i), 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 of those shares or having that interest would result in a conflict of his/her personal interest and official duties. (3) A State Officer whose personal interests conflict with their official duties shall declare the personal interests to the Commission or the Ethics and Anti-Corruption Commission. (4) The Commission or the Ethics and Anti-Corruption Commission shall give direction in writing on the appropriate action to be taken by the State Officer to avoid the conflict of interest and the State Officer shall comply with the directions, and refrain from participating in any deliberations with respect to the matter. (5) Notwithstanding any directions to the contrary under subsection (iv), a State Officer shall not award or influence the award of a contract to— (a) himself or herself; (b) his/her spouse or child; (c) a business associate or agent; or (d) a corporation, private company, partnership or other body in which he/she has a substantial or controlling interest. (6) ‘Personal interest’ in this part includes the interest of a spouse, child, business associate or agent or any other matter in which the State Officer has a direct or indirect pecuniary or non-pecuniary interest. (7) Where a State Officer is present at a meeting where an issue which is likely to result in a conflict of interest is to be discussed, he/she shall declare the interest at the beginning of the meeting or before the issue is deliberated upon. Such declaration shall be recorded in the minutes of that meeting. (8) The Commission shall maintain a register of conflicts of interest wherein such registrable interests shall be entered. The register shall be kept for five years after the last entry therein. (9) For purposes of subsection eight (8), the registrable interests shall include the interests set out in the Second Schedules of the Act and the Leadership and Integrity Act. (10) A State Officer shall ensure that an entry of registrable interests under subsection Eight (8) is updated and notify the Commission or the Ethics and Anti-Corruption Commission of any changes thereof within one month of each change occurring. Participation in Tenders 16. (1) A State Officer shall not participate in a tender for the supply of goods and services to the Commission. (2) Notwithstanding subsection (i), the holding of shares by a State Officer in a company shall not be construed as participating in the tender of the Commission unless the State Officer has a controlling interest or a Director in the Company. Wrongful or Unlawful Acquisition of Property 17. A State Officer shall— (a) not use his/her office to improperly enrich himself or others; (b) not abuse his/her office or take advantage of his/her position to wrongfully or unlawfully acquire or influence the acquisition of public property. Public Collections 18. (1) A State Officer shall not solicit for contributions from the Commission or any other person 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 his/her integrity, impartiality or interferes with the performance of the official duties. (3) Subject to subsection (ii), a State Officer may, with the approval of the Commission, participate in a collection for a private cause. (4) Nothing in this Section shall be construed as prohibiting a State Officer from making voluntary contribution to a justifiable cause not connected with his/her official duty. Bank Accounts Outside Kenya 19. (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 Ethics and Anti-Corruption Commission. (2) A State Officer 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 such 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 Ethics and Anti-Corruption Commission and shall authorize the Ethics and Anti-Corruption Corruption to verify the statements and any other relevant information from the foreign financial institution in which the account is held. (4) Subject to subsections (i) and (ii), a person appointed as a State Officer in the Commission and has a bank account outside Kenya shall, upon such appointment, notify the Ethics and Anti-Corruption Commission and close the account within six (6) months. (5) Notwithstanding subsection (iv), a State Officer may continue to operate a bank account outside Kenya as may be authorized by the Ethics and Anti-Corruption Commission in writing. Care of Property 20. (1) A State Officer shall take all reasonable steps to ensure that public property in his/her 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 his/her official work. (3) A State Officer shall return to the Commission all public property in his/her custody, possession or control at the end of the appointment period or upon termination of appointment. (4) A State Officer who contravenes subsection (ii) or (iii) shall, in addition to any other penalties provided for under the Constitution, the Leadership and Integrity Act or any other law, be personally liable for any loss or damage to the public property. Acting for Foreigners 21. (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 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 he/she is not a citizen of Kenya; and (b) an organisation is a foreign organisation if it is established outside Kenya or is owned or controlled by a foreign government, organisation or individual. Misuse of Official Information 22. (1) A State Officer shall not, except with the authority of the Commission or lawful excuse, disclose or use any information in his possession or which has come to his knowledge by virtue of his position. (2) A State Officer shall ensure that confidential information or documents entrusted to his care are adequately protected from improper or inadvertent disclosure. (3) A State Officer shall not directly or indirectly use or allow any person under his/her 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. (4) For purposes of this Section, all records relating to complaints, inquiries or investigations shall remain confidential and access to such information shall be on the need to know principle and in accordance with the law and Regulations of the Commission. (5) Notwithstanding subsection (i), a State Officer shall not be deemed to have violated the requirements of this Section, if the information is given— (a) pursuant to a resolution of the Commission; (b) pursuant to a court order; (c) for educational, research, literary, scientific or other purposes not prohibited by law; (d) in compliance with Article 35 of the Constitution; and (e) for furthering the interests of the Leadership and Integrity Act. Political Neutrality 23. (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 political process; or (b) manifest support for or opposition to any political party or candidate in an election or political process; (c) engage in the activities of any political party or candidate, or hold an office in any political party. (2) A State Officer shall not 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. (3) A State Officer who wishes to stand for an electoral office in the public service shall resign from office in accordance with the Constitution and the applicable electoral laws. Impartiality 24. A State Officer shall, at all times, carry out the duties of his/her office with impartiality and objectivity in accordance with Articles 10, 27, 47, 73(2) (b) and 232 of the Constitution and shall not practice favouritism, nepotism, tribalism, cronyism, discrimination or engage in corrupt or unethical practices. Giving of Advice and Information 25. (1) A State Officer shall give an honest, accurate and impartial advice without fear or favour. (2) A State Officer shall not knowingly give false or misleading information to any person. Gainful Employment 26. (1) Subject to subsection (ii), 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 judgment of the State Officer in the execution of the functions of the State Office or results in a conflict of interest. Offers of Future Employment 27. (1) A State Officer shall not allow himself/herself to be influenced in the performance of his/her duties by plans or expectations for or offers of future employment or benefits. (2) A State Officer shall disclose, in writing, to the Commission and the Ethics and Anti-Corruption Commission, all offers of future employment or benefits that could place him/her in a situation of conflict of interest. Former State Officer in the Commission 28. A former State Officer shall not be engaged by the Commission in a matter in which he/she was originally engaged as a State Officer, for at least two (2) years after leaving the Commission. Integrity of Records 29. (1) A State Officer shall ensure the integrity of records in his/her custody in accordance with the law and best practices. (2) A State Officer shall not falsify any records or misrepresent information to the public or any other person. (3) A State Officer shall not without any justifiable or lawful grounds destroy or dispose of, or cause any person to destroy or dispose of any records held by him/her or by a third party. Acting through Others 30. (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 himself or herself; or (b) allow or direct a person under his/her supervision or control to do anything that is in contravention of this Code, the Constitution or any other law. (2) Subsection (i) (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. Reporting Improper Orders 31. (1) If a State Officer considers that anything required of them is in contravention of this Code or is otherwise improper or unethical, he/she shall report the matter to the Ethics and Anti-Corruption Commission. (2) The Ethics and Anti-Corruption Commission shall investigate the report and take appropriate action within ninety (90) days of receiving the report. PART III—IMPLEMENTATION OF THE CODE Promotion of the Code 32. A State Officer shall ensure implementation of this Code and shall take measures to ensure its full implementation. 22nd September, 2017 THE KENYA GAZETTE Breach of the Code 33. (1) A State Officer or any other person shall report any breach of this Code to the Commission, the Ethics and Anti-Corruption Commission and the National Assembly for appropriate action. (2) A breach of this Code amounts to misconduct for which a State Officer may be subjected to disciplinary proceedings including removal from office, and civil and criminal proceedings. (3) Where a breach of the Code amounts to a violation of the Constitution, the State Officer may be removed from office in accordance with Article 251 of the Constitution. (4) A State Officer may be suspended from office pending investigation and determination of the allegations made against him/her where such suspension is deemed necessary. Review of the Code 34. This Code shall be reviewed from time to time as may be deemed necessary by the Commission subject to the approval of the Ethics and Anti-Corruption Commission. Dated the 29th August, 2017. LEONARD NGALUMA, Commission Secretary/CEO. ------------- COMMITMENT TO THE LEADERSHIP AND INTEGRITY CODE FOR THE COMMISSION ON ADMINISTRATIVE JUSTICE (OFFICE OF THE OMBUDSMAN) I, …………………………………………… ………………holder of National Identity/Passport No………………… and Post Office Box No…………… ………………………………..having been appointed as …………… ……………………………[Chairperson/Member] of the Commission on Administrative Justice (Office of the Ombudsman), do hereby confirm that I have read and understood the Leadership and Integrity Code for the Commission and hereby commit to abide by the provisions of the Code at all times. Sworn at …………………………………….. ) By the said………… …………………...……. ) ……………………………… Deponent This………….day of………….………20.…. ) Before Me ) Commissioner for Oaths/Magistrate )