GAZETTE NOTICE NO. 6998

the following core values in the discharge of its mandate: (i) Integrity — adherence to impeccable and beyond reproach professional and personal standards in the conduct of its affairs. (ii) Transparency and Accountability — upholds openness and takes responsibility for actions in the discharge of its mandate. (iii) Professionalism — undertakes duties without compromising standards and values (iv) Fairness, Equity and Diversity — consistently directs effort to build inclusivity. (v) Team spirit — maintains a high degree of co-operation and team work. (vi) Creativity and innovation — applies new ideas, methods and technology in the discharge of its mandate. (vii) Excellence — continuous improvement of values PREAMBLE Whereas the Narok County Public Service Board undertakes important constitutional and statutory mandate relating to the human resource management functions in the Public Service; Appreciating the core functions of the Board including — (a) establish and abolish offices in the county public service; (b) appoint persons to hold or act in offices of the county public service including in the Boards of cities and urban areas within the county and to confirm appointments; (c) exercise disciplinary control over, and remove, persons holding or acting in those offices as provided for under this Part; (d) prepare regular reports for submission to the county assembly on the execution of the functions of the Board; (e) promote in the county public service the values and principles referred to in Articles 10 and 232; (f) evaluate and report to the county assembly on the extent to which the values and principles referred to in Articles 10 and 232 are complied with in the county public service; (g) facilitate the development of coherent, integrated human resource planning and budgeting for personnel emoluments in counties; (h) advise the county government on human resource management and development; (i) advise county government on implementation and monitoring of the national performance management system in counties; and make recommendations to the Salaries and Remuneration Commission, on behalf of the county government, on the Remuneration, pensions and gratuities for county public service Employees. We the staff of the Narok County Public Service give ourselves this Code of Conduct and Ethics to guide us with the hope that it will meet our aspirations for a suitable environment necessary for achieving the County Government's mandate. THE PUBLIC OFFICER ETHICS ACT (No. 4 of 2003) IN fulfilling the requirements of section 5(1) of the Public Officer Ethics Act, 2003, the Narok County Public Service Board makes the following Code of Conduct and Ethics— THE COUNTY PUBLIC SERVICE CODE OF CONDUCT AND ETHICS, 2017 PART I — PRELIMINARY Citation 1. This Staff Code of Conduct and Ethics may be cited as the Narok County Public Service Staff Code of Conduct and Ethics, 2017, and shall come into operation on such date as the Narok County Public Service Board may approve. Application 2. This Code shall apply to staff of the County Public Service. Interpretation 3. In this Code, unless the context otherwise requires— "Authorized Officer" means (a) the holder of the office of county chief officer in a county department; or (b) in case of a department that is not assigned or under direct administration of a county chief officer, the head of that department; and (c) any other public officer appointed by the County Public Service Board to be an authorized officer with respect to a specified public body including a city or urban area; "Board" means Narok County Public Service Board established under section 57 of the County Government Act, No. 17 of 2012; "Commission" means Ethics and Anti-Corruption Commission; "County Government Staff' means employees of the Narok County Government; "Gift" means anything that confers a benefit to a recipient. "Value of gift" means the fair market value of gifts at the time and place it is presented. "Harambee" means the public collection of funds; "Member" means the Chairperson, Vice-chairperson or a member of the Board; "Public officer" means a public officer as defined in Article 260 of the Constitution; "Solicit" means to publicly collect money, property, donations for a cause. General objective 4. The general objective of the Code is to give effect to the provisions of — (a) Chapter Six of the Constitution; (b) Leadership and Integrity Act, 2012; (c) The Public Officer's Ethics Act, 2003; and (d) Leadership and Integrity Regulations, 2015. Specific objectives 5. The specific objectives of this Code e are — (a) to ensure accountability by staff of the County Public Service for his or her decisions or actions; (b) to promote discipline; (c) to promote honesty; (d) to provide mechanisms for the management of conflicts of interest; (e) to protect the integrity of the County Government; and (fl to provide a framework for reporting of misconduct by the County Government Staff. PART II —CODE OF CONDUCT AND ETHICS FOR STAFF OF THE COUNTY PUBLIC SERVICE OF NAROK Proffessional and statutory codes to be binding 6. A member of staff of the County Government, who is a professional, shall be bound by; and observe, the professional code of conduct of his or her professional body. This includes compliance with— (a) the provisions of the relevant professional association regarding registration and continuing professional development; (b) the code of ethics of the relevant professional association; and (c) the code of practice of the professional body. Rule of law 7. A member of Staff of the County Government shall carry out his or her duties in accordance with the law. Responsibility and duties 8. (1) A member of Staff of the County Government shall be responsible for the reasonably foreseeable consequences of any acts or omissions arising from the performance of his or her duties which include— (a) keeping of an accurate record of administrative acts in the County Government; and (b) maintenance of records of relevant documents prepared by a County Government staff. (2) The County Government to establish mechanisms to address complaints arising out of the administrative acts of staff of the County Government. Perfomance of duties 9. A member of Staff of the County Government shall — (a) carry out his or her duties efficiently and honestly; (b) carry out his or her duties in a transparent and accountable manner; (c) keep accurate records and documents relating to his or her duties; (d) not be absent from duty without official permission; and (e) not engage in private business during official working hours. Proffessionalism 10. (1) A member of Staff of the County Government shall — (a) carry out his or her duties in a manner that protects the integrity of his or her office; (b) treat all persons with courtesy and respect; (c) not discriminate against any person; (d) ensure the efficient, effective and economic use of resources in his or her custody; (e) be accountable for his or her administrative acts; (f) maintain an appropriate standard of dress and personal hygiene; (g) discharge any professional responsibilities in a professional manner; and (h) where a Staff of the County Government is a member of a professional body, observe and subscribe to the ethical and professional requirements of that body: Provided that those ethical and professional requirements shall not contravene the Constitution, this Code or any other written law. Conduct of private affairs 11. A member of Staff of the County Government shall conduct private affairs in a manner that maintains public confidence in his or her integrity. 26th July, 2019 Financial Integrity 12. (1) A member of Staff of the County Government shall not use his or her office to unlawfully or wrongfully enrich himself, herself or any other person. (2) A member of Staff of the County Government shall not seek or accept a personal loan or benefit that may compromise his or her integrity. (3) A member of Staff of the County Government shall live within his or her means and shall not incur any financial liability that he or she cannot satisfy. Tax, financial and legal obligations 13. (1) A member of Staff of the County Government shall pay any taxes due from him or her within the prescribed period. (2) A member of Staff of the County Government shall not neglect his or her financial or legal oblit •lions. Declarations of income, assets and liabilities 14. (1) Every public officer shall, once every two years prescribed by section 2, submit to the Board for the public officer a declaration of the income, assets and liabilities of himself, his spouse or spouses and his dependent children under the age of 18 years. (2) The declaration shall be in the form set out in Schedule Six and shall include the information required by the form. (3) (a) The declaration shall be submitted in the December of every second year. (b) The statement date of a declaration under subsection (a) shall be the first day of November of the year in which the declaration is required. (c) Within thirty days after becoming a public officer, the public officer shall submit an initial declaration. (d) The statement date of an initial declaration under subsection (c) shall be the date the public officer became a public officer. ( e ) Within thirty (30) days after ceasing to be a public officer, the former public officer shall submit a final declaration. (f) The statement date of a final declaration under subsection (e) shall be the date the public officer ceased to be a public officer. 4. A person who has submitted a declaration to the Board shall provide, without undue delay, any clarification requested by the Board if the request is in writing and is made within six (6) months after the declaration was submitted to the Board. (5) Without limiting what a request for clarification may include, such a request may include — (a) a request that any information that may have been omitted be provided; or (b) a request that any discrepancy or inconsistency, including a discrepancy or inconsistency arising because of information other than information included on the declaration, be explained or corrected. 6. A person submitting a declaration or providing a clarification shall ensure that the declaration or clarification is correct, to the best of his knowledge. 7. A person who fails to submit a declaration or clarification as required under this Part or who submits, in such a declaration or clarification, information that he knows, or ought to know, is false or misleading, is guilty of an offence and is liable, on conviction, to a fine not exceeding one million shillings or to imprisonment for a term not exceeding one year or to both. Moral and ethical requirement 15. A member of Staff of the County Government shall — (a) be honest in the conduct of public affairs; (b) not engage in activities that amount to abuse of office; (c) accurately and honestly present information to the public; (d) not engage in wrongful conduct in furtherance of personal benefit; (e) not misuse public resources; (f) not falsify any records; and (g) not engage in actions that may lead to his or her removal from the membership of a professional body to which he or she may belong. Gifts and benefits in kind 16. (1) A gift or donation given to a member of Staff of the County Government in his or her official capacity shall be treated as a gift or donation to the County Government. (2) Notwithstanding sub-paragraph (1), a member of Staff of the County Government may receive a gift given in his or her official capacity provided that — (a) that gift is within the ordinary bounds of propriety; (b) the gift is an ordinary expression of courtesy or protocol, or within the ordinary standards of hospitality; (c) the gift is not in monetary form; and (d) the gift does not exceed such a value as prescribed by the Leadership and Integrity Regulations, 2015; (Appended). (3) Without limiting the generality of sub-paragraph (2), a member of Staff of the County Government 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 staffs duties; (ii) carries on regulated activities with respect to which the County Government has a role; or (iii) has a contractual or legal relationship with the County Government; (b) accept or offer gifts of jewelry or other gifts comprising precious metals or stones, 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 Ethics and Anti- Corruption Commission. (4) A member of Staff of the County Government shall not receive a gift which is given with an intention of compromising his or her integrity, objectivity or impartiality. (5) Subject to sub-paragraph (2), a member of Staff of the County Government who receives a gift or donation shall declare the gift or donation to the County Government. (6) Whereas a member of Staff of the County Government can accept gifts dictated by custom such gifts shall not be forfeited to the County Government. (7) The County Government shall keep a register in the form set out in the Second Schedule to this Code of— (a) all gifts received by a member of Staff of the County Government; and (b) all gifts given by the County Government. (8) The County Government shall comply with the Ethics and Anti-Corruption Commission Regulations, 2015 on the receiving and disposal of gifts. Wrongful and unlawful acqusition of property 17. A member of Staff of the County Government shall not use his or her office to wrongfully or unlawfully acquire or influence the acquisition of property. Conflict of interest 18. (1) A member of Staff of the County Government shall use the best efforts to avoid being in a situation where that staffs personal interests conflict with or appear to conflict with his or her official duties. (2) Without limiting the generality of sub-paragraph (1), a member of Staff of the County Government shall not hold shares or have any other interest in a company, partnership or other body, directly or through another person, if the holding of those shares or having that interest would result in a conflict with his or her official duties. (3) A member of Staff of the County Government whose personal interests are or may be in conflict with his or her official duties shall declare those personal interests to the County Government. (4) The County Government may give directions on the appropriate action to be taken by the staff to avoid the conflict of interest and the staff shall— (a) comply with directions; and (b) refrain from participating in any deliberations with respect to the matter. (5) Notwithstanding any directions to the contrary under sub- paragraph (4) a member of Staff of the County Government shall not award or influence the award of a contract to— (a) himself or herself; (b) his or her spouse or child; or (c) a business associate or agent. (6) In this paragraph, a "conflict of interest" includes the interest of a spouse, a child, a business associate or an agent, or any other matter in which the a member of Staff of the County Government has a direct or indirect pecuniary or non-pecuniary interest. (7) Where a member of Staff of the County Government is present at a meeting where an issue that is likely to result in a conflict of interest is to be discussed, he or she shall declare the interest at the beginning of the meeting or before the issue is deliberated upon. (8) A declaration of a conflict of interest under sub-paragraph (7) shall be recorded in the minutes of that meeting. (9) The County Government shall maintain a register of conflicts of interest in the form set out in the Third Schedule of this Code in which an affected staff shall register the particulars of registrable interests, stating the nature and extent of the conflict. (10) For the purpose of sub-paragraph (9), the registrable interests include the interests set out in the First Schedule to this Code. (11) The County Government shall keep the register of conflicts of interests for five years after the last entry in each volume of the register. (12) A member of Staff of the County Government shall amend the record of his or her registrable interest in the register maintained under sub-paragraph (9) whenever there is a change in those registrable interests and such an amendment shall be made within thirty days of the change in the conflict of interest. Participation of tenders 19. A member of Staff of the County Government shall not, in his or her private capacities participate in a tender for the supply of goods or services to the County Government. Collections and harambees 20 (1) A member of Staff of the County Government shall not — (a) use his or her office or place of work as a venue for soliciting or collecting harambees; (b) either as a collector or a promoter of collecting Harambee, obtain money or other property from a person by using his or her official position in any way to exert pressure; (c) preside at a Harambee, or play a central role in the organization of a Harambee or appear as a guest of honour at a Harambee; or (d) participate at a Harambee in such a way as to reflect adversely on his or her integrity and impartiality or interfere with the performance of his or her duties. (2) For the purpose of this rule, "collection", "collector" and "promoter" have the same meaning as are assigned to them in section 2 of the Public Collections Act. "Collection" means an appeal to the public or any section of the public made by means of visit from premises to premises or of soliciting in a public place or at a public meeting or by any or all such means to give whether for consideration or not money or other property not being— (a) money or property due or about to fall due from the donors under or by virtue of any written law, contract or other legal obligation, or (b) money or property collected by or under the authority of a recognized representative of a religion, or a religious community for — (i) the upkeep of any recognized place of religious worship or house of prayer, or (ii) any purely religious or charitable purpose. "Collector" means in relation to a collection a person who makes such an appeal by any of the said means. "Promoter" means in relation to a collection, a person who causes another person to act, whether for remuneration or otherwise as a collector for purposes of a collection. Bank accounts outside Kenya 21. (1) Subject to Article 76(2) of the Constitution or any other written law, a Public Officer shall not open or continue to operate a bank account outside Kenya without the approval of the Commission. Acting for foreigners (2) A State officer who has reasonable grounds for opening or operating a bank account outside Kenya shall apply to the Commission for approval to open or operate a bank account. 22. A member of Staff of the County Government 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 interests of Kenya. Care for property 23. (1) A member of Staff of the County Government shall take all reasonable steps to ensure that any public property in his or her custody, possession or control is taken care of and is in good repair and condition. (2) A member of Staff of the County Government 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 for which they were not intended. (3) A member of Staff of the County Government shall return to the County Government all the public property in his or her custody, possession or control at the end of his or her appointment or employment. (4) A member of Staff of the County Government who contravenes • sub-paragraph (2) or (3) shall, in addition to any other penalties provided for under the Constitution or any other written law, be personally liable for any loss or damage of the public property. 24. (1) A member of Staff of the County Government shall not 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 to the public, for the furthering of any private interest. (2) Sub-paragraph (1) shall not apply where the information is used for— (a) furthering the purposes of this Code; or (b) education, research, literary, scientific or other purposes not prohibited by law. (3) Notwithstanding the generality of sub-paragraph (1), a member of Staff of the County Government shall take all reasonable steps to ensure that confidential or secret information or documents entrusted to his or her care are adequately protected from improper or inadvertent disclosure. 26th July, 2019 THE KENYA GAZETTE 2725 Political neutrality 25. (1) A member of Staff of the County Government 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 a political candidate at an election; or (b) manifest support for, or opposition to, any political party or political candidate at an election. (2) A member of Staff of the County Government shall remain politically neutral during his or her term of employment. (3) Without prejudice to the generality of sub-paragraph (2) a member of Staff of the County Government shall not— (a) engage in the activities of any political party or political candidate or act as an agent of a political party or a political candidate at an election; or (b) publicly indicate ipport for or opposition against any political party or political candidate at an election. Impartiality 26. A member of Staff of the County Government shall — (a) at all times carry out his or her duties with impartiality and neutrality; and (b) not practice favoritism, nepotism, tribalism, cronyism, religious bias or any other kind of bias or discrimination, or engage in corrupt or unethical practices. Gainful employment 27. A member of Staff of the County Government who is serving on a full-time basis shall not participate in any other gainful employment during his or her term of employment. "gainful employment" means employment that a public officer pursues or performs for money or for other compensation or remuneration which is incompatible with the responsibilities of his or her office or which results in the impairment of his or her judgment or results in a conflict of interest. Offer of future employment 28. (1) A member of Staff of tl County Government shall not be influenced in the performance of his or her duties by plans or expectations for or offers of future employment or benefits from any person. (2) A member of Staff of the County Government shall disclose in writing to the County Government all offers of future employment or benefits that may place him or her in a situation of a conflict of interest. Former public officer acting in a Government or public entity matter 29. A former member of Staff of the County Government shall not be engaged by or act for a person or in a manner in which the former officer was originally engaged in as an officer of the public entity for at least two years after his or her employment with the public entity ends. Bullying 30. (1) A member of Staff of the County Government shall not bully any person. (2) For the purposes of sub-paragraph (1), 'bullying" shall include offensive behavior which is vindictive, cruel, malicious or humiliating and which is intended to undermine another person. Sexual harassment 31. (1) A member of Staff of the County Government shall not sexually harass any person. (2) For the purposes of sub-paragraph (1), "sexual harassment" shall include— (a) making a request or exerting pressure for sexual activity or favours; (b) making intentional or careless physical contact that is sexual in nature; (c) making gestures, noises, jokes or comments including innuendos regarding another person's sexuality; Or (d) sending of sexually suggestive texts, pictures or videos. Submitting of declarations 32. A member of Staff of the County Government shall submit any declaration or clarification required under Part IV of the Public Officer Ethics Act, 2003. Acting through others 33. (1) A Staff of the County Government shall not — (a) cause anything to be done through another person that would constitute a contravention of any provision of this Code if such thing was done by the officer; or (b) allow or direct a person under his or her supervision or control to do anything that would be in contravention of this Code. (2) Sub-paragraph (I)(b) shall not apply where anything is done without the officer's knowledge or consent, or where the officer has taken reasonable steps to prevent the doing of that thing. (3) A member of Staff of the County Government who acts under an unlawful direction shall be personally responsible for his or her acts. Reporting improper orders 34. (1) Where a member of Staff of the County Government considers that anything required of him or her is a contravention of this Code or is otherwise improper or unethical, the officer shall report the matter to the County Secretary. (2) The County Secretary shall investigate the matter reported under sub-paragraph (1) and take appropriate action within ninety days of receiving the report. PART III—ENFORCEMENT OF THE CODE OF CONDUCT AND ETHICS FOR STAFF OF THE COUNTY GOVERNMENT A staff of the county government to sign and comment to the code 35. (1) On appointment to the County Government, the Staff shall sign and commit to this Code in the form set out in the Fourth Schedule to this Code. (2) A Staff of the County Government who is in service at the time of the coming into force of this Code shall sign and commit to this Code within fourteen working days of the coming into force of this Code. Disciplinary procedure, etc 36. (1) Subject to sub-paragraph (2), a breach of this Code shall be deemed to be an act of misconduct for which a Staff of the County Government may be subject to disciplinary proceedings. (2) Where an allegation of a breach of this Code has been made against a Staff of the County Government in respect of whom the Constitution or a written law provides for the procedure of removal or dismissal, the question of the removal or dismissal of the staff shall be determined in accordance with the Constitution or that other written law. Lodging of complaints and investigations 37. (1) A person who alleges that a member of Staff of the County Government has committed a breach of this Code may notify the County Secretary and the Secretary shall register the complaint in the form set out in the Fifth Schedule of this Code and investigate the allegation. (2) The County Secretary may assign any officer or a competent authority to inquire into the allegation and determine whether or not the staff of the County Government has contravened this Code. (3) A member of Staff of the County Government against whom an allegation has been made under this paragraph shall be informed of the allegation by the County Secretary and shall be given adequate opportunity to make representations. (4) A person who makes an allegation against a member of Staff of the County Government shall be entitled to be informed of any action taken in relation to the allegation. (5) Where an investigation against a member of Staff of the County Government under this paragraph has been initiated, and the Staff resigns from office before the investigation has been completed, the investigation may be continued even after the resignation or retirement of the Staff. (6) Subject to any other written law, a member of Staff of the County Government against whom an allegation has been made under this paragraph may be suspended from office while an inquiry is made regarding the allegation. (7) The County Secretary may take disciplinary action against a Staff of the County Government for the contravention of a provision of this Code. Referral for possible civil or criminal procedings 38. (1) If upon investigation under this Part the County Secretary is of the opinion that civil or criminal proceedings should be preferred against a member of Staff of the County Government, the County Secretary shall refer the matter to the County Public Service Board for determination. (2) If upon consideration of the matter in 37 (a), it is the opinion of the Board that civil or criminal proceedings should be preferred against a member of Staff of the County Government, the Board shall refer the matter either to— (a) the Ethics and Anti-Corruption Commission; (b) the Attorney-General; (c) the Director of Public Prosecutions; or (d) any other competent authority. PART IV—OFFENCES AND PENALTIES Contravention of the code 39. A member of Staff of the County Government who contravenes any provision of this Code shall be liable to disciplinary action as may be prescribed in accordance with the Service Regulations. PART V —MISCELLANEOUS MATTERS Revelation of code of conduct and ethics for the staff of county government 40. Upon review of the Code of Conduct and Ethics for the Staff of the County Government, this code shall be revoked. NCPSB 17(1) FIRST SCHEDULE REGISTRABLE INTERESTS 1. Directorships in public or private companies, whether or not remunerated directly or indirectly. 2. Remunerated employment, including office, trade, professional, or vocational, or in which the public officer has any pecuniary interest. 3. Securities (shares, bonds, debentures or other similar holding) in a company, enterprise or undertaking the aggregate, nominal or market value of which exceeds the value prescribed by the public entity. 4. Contracts for supply of goods and services to a public entity. 5. Plans or expectations for or offers of future employment. 6. Public affairs advice and services to clients. 7. Shareholdings in public or private companies amounting to a controlling interest. 8. Land and property. 9. Sponsorship (from companies, trade unions, professional bodies, charities, universities or other organizations or individuals). 10. Travel facilities and overseas visits (made by a State officer or the State officer's spouse or child substantially catered for by the office of the State officer). 11. Gifts, benefits and hospitality, including to a spouse, child. partner or business associate, or other material benefit of a value prescribed by the public entity from a company, organization or person within or outside Kenya which relates to the public office. 12. Pending civil claims against the public officer. 13. Pending criminal charges against the public officer. 14. Citizenship of another country. SECOND SCHEDULE NCPSB 17(2) REGISTER OF GIFTS NAROK COUNTY PUBLIC SERVICE BOARD F/Y• Name of Officer Receiving the Gift Name of Person or giving the . E .ntily ift G Value and Gift Pur P° se of Date Gift Given on the G O Date Recorded in the Register Decision —for Officer Organizati on to be Returned NCPSB 17(3) THIRD SCHEDULE REGISTER OF DECLARATION OF CONFLICT OF INTEREST NAROK COUNTY PUBLIC SERVICE BOARD F/Y• Name of Officer Date Conflict Recorded Business under Transaction Nature of Conflict Decision Made on Participation of Officer Signature of Officer Making Declaration FOURTH SCHEDULE NCPSB 17(4) COMMITMENT FORM NAROK COUNTY PUBLIC SERVICE BOARD Employee Number: Department: Job Title:... I hereby affirm that I have read, understood and agree to adhere to the Narok County Government Internal Code of Conduct and Ethics, 2017 and further affirm that I will comply to the extent that it is written. Signature • Date • Witnessed by (Supervisor) • Date • 26th July, 2019 THE KENYA GAZETTE 2727 FIFTH SCHEDULE NCPSB 17(5) REGISTER OF COMPLAINTS (TEMPLATE) NAROK COUNTY PUBLIC SERVICE BOARD F/Y• Name of person making complaint Date of complaint Particulars of officer/organization complaint against Nature of complaint Decision made on the complaint Particulars and signature of officer attending to complaint NCPSB 17(6) APPENDIX THE LEADERSHIP AND INTEGRITY REGULATIONS, 2015 [L.N. 13/2015.] PART I — PRELIMINARY Citation 1. These Regulations may be cited as the Leadership and Integrity Regulations, 2015. Interpretation 2. In these Regulations unless the context otherwise requires — "Act" means the Leadership and Integrity Act, 2012 (No. 19 of 2012) "annually" means calendar period of January to December of each year; "Code" has the meaning assigned to it under section 2 of the Act; "Board" has the meaning assigned to it under section 57 of the County Government Act; "gift" means anything that confers a benefit to the recipient; "public entity" has the meaning assigned to it under section 2 of the Act; "public officer" has the meaning assigned to it under section 2 of the Act; "statement of account" means a document issued to a customer listing financial transactions undertaken over a specified period of time; and "value of gift" means the fair market value of the gift at the time and the place it is presented. Application of regulations 3. (1) -These Regulations shall apply to all public entities, State officers and public officers. (2) The Board shall, in accordance with section 4(2) of the Act, oversee the implementation and enforcement of these Regulations. PART II PROVISIONS RELATING TO FUNCTIONS AND POWERS OF PUBLIC ENTITIES AND GIFTS TO STATE OFFICERS OR PUBLIC OFFICERS Commission may request public entity to carry out functions 4. (1) The Commission may, in undertaking its mandate under section 4 of the Act, and in writing, request a public entity to carry out a function or exercise certain powers. (2) The Commission shall, in making a request under paragraph (1), state — (a) the function required or powers to be exercised by the public entity; and (b) the period within which the entity shall report to the Commission. (3) The Commission may determine — (a) the manner in which a public entity is to undertake a function or exercise a power under paragraph (2)(a); (b) the format in which the public entity shall present the report under paragraph 2(b). (4) Where a public entity does not comply with a request made under paragraph (1) within the period stipulated in the request, the Commission shall make an application to the High Court under section 4(5) of the Act. Prohibition of gifts or other benefits to state officers and public officers 5. (1) Subject to the Act and provisions of these Regulations, a State officer or a public officer shall not solicit a gift including soliciting or acceptance of a non-monetary gift in the form of a gratuity, hospitality, free passages, services or favours. (2) Without limiting the generality of paragraph (1), a State officer or a public officer may receive a non-monetary gift in his or her official capacity if the value of that gift does not exceed twenty thousand shillings, but — (a) a state or public officer shall not receive such a gift if in the opinion of that officer the gift is given with the intention of compromising his or her integrity, objectivity, impartiality or create potential conflict of interest; or (b) a State officer or a public officer who receives a gift whose value exceeds twenty thousand shillings shall, within forty-eight hours of reporting to the office, surrender it to the public entity in which the officer is employed. (3) A State officer or a public officer who receives a non monetary gift under paragraph 2 (2) shall do so where — (a) the offer and receipt of the gift is done with utmost transparency and openness; (b) the offer and receipt of the gift is not done in secrecy or exclusivity of the donor and recipient; or (c) the person making the offer is present at the time of presentation. (4) A State officer or a public officer who receives a gift in terms of this regulation shall, irrespective of the monetary value of the gift, declare the gift received to the public entity which the public officer represents in a manner prescribed in Form Agin the Schedule. (5) The public entity shall cause a gift declared under paragraph (4) to be entered in the register as required under section 14(6) (a) of the Act. Gift register 6. (1) Every public entity shall, and in accordance with section 14 (6) of the Act, keep and maintain registers of — (a) gifts received by State officers or public officers; and (b) gifts given by the public entity to State officers or public officers. (2) The registers of gifts referred to under paragraph (I) shall be in a manner specified in Forms B - I and B - II respectively, in the Schedule. Transportation, storage and disposal of gifts 7. (1) Subject to internal policies of the relevant public entity, where a State officer, a public officer or a public entity has received a gift that cannot be immediately transported, the relevant public entity shall make arrangements for transportation of the gift. (2) A public entity shall store any gift received and maintain it in good condition until such time as it is donated or otherwise utilized. (3) A gift that is surrendered to a public entity under regulation 5 (5) shall be deemed to be public property and shall be received and disposed of in accordance with the provisions of Public Procurement and Asset Disposal Act, 2005 (No. 3 of 2005). Public entity may utilize gift 8. Where a public entity receives a gift under section 14 of the Act, and decides to utilize the gift, it shall register it in the same manner as any item procured by the public entity. Reporting of gifts 9. (1) A public entity shall at the close of every financial year furnish the Commission with a report specifying — (a) all gifts received; (b) any gifts the entity intends to dispose of; and (c) any gifts the public entity has disposed of. (2) Where a public entity has not received, disposed of or intends to dispose of, any gift, it shall nonetheless make the report in accordance with paragraph (1). (3) The report under paragraph (I) shall be submitted to the Commission within thirty days after the close of the financial year. (4) The Commission shall review the report and if it ascertains that the State officer or the public officer has breached provisions relating to gifts, the Commission shall inform the public entity and require disciplinary measures to be taken against that officer. PART III — CONFLICT OF INTEREST Duty to declare conflict of interest 10. (1) A State officer or a public officer shall declare a personal interest to the public entity where he or she is employed in a 'manner prescribed in Form C in the Schedule, if that personal interest conflicts with the officer's official duties. (2) Notwithstanding paragraph (1), a declaration under this regulation may be made to the Commission where — (a) the accounting officer of a public entity has a conflict of interest; (b) the public entity is yet to open a register in accordance with regulation 13; (c) in the opinion of the State officer of public officer, it is prejudicial to his or her interest to declare the conflict of interest to the public entity; or (d) the State officer or public officer is desirous of declaring the conflict of interest to both the public entity and the Commission. (3 The Commission or the public entity shall give directions to the officer making a declaration under these Regulations. Duty to declare conflict of interest by members of Senate, National Assembly and County Assembly 11. (1) A member of the National Assembly, Senate or a County Assembly who wishes to speak, participate or take part in any matter in which the member has a personal interest, pecuniary interest, proprietary interest, personal relationships or business relationships shall first declare that interest. (2) The clerk of the Senate, the National Assembly or a county assembly shall maintain a register of conflicts of interest in accordance with section 16(10) of the Act. Register of conflict of interest 12. (1) Every public entity shall open and maintain a register of Conflict of Interest in a manner prescribed in Form E in the Schedule. (2) The Register referred to under paragraph (1) shall be in the custody of the accounting officer of the public entity or his or her nominee. (3) The Register under this regulation shall contain — (a) name and address of the State officer or the public officer; (b) registrable interest; (c) nature of the conflict of interest; (d) date the conflict of interest is declared; (e) directions given by the commission or public entity to the officer making the declaration; (f) date of entry in the register; (g) signature of the officer giving directions on behalf of the Commission or the public entity. Inspection of register of conflict .f interest 13. (1) Any person may make an application to a public entity, the Commission, Clerk of the Senate, National Assembly or a County Assembly to inspect the Register of Conflict of Interest in a manner prescribed in Form F in the Sch 'dule. (2) An application made under paragraph (1) shall contain— (a) the full names and address of the applicant; (b) the specific information that is sought; and (c) the purpose for which the information is intended to be used. (3) A public entity, the Commission, the Clerk of the Senate, National Assembly or a County Assembly shall within seven days acknowledge receipt of an application under paragraph (2), and avail the register for inspection. PART IV — BANK ACCOUNT OUTSIDE KENYA Application to open, operate or control a bank account outside Kenya 14. (1) A State officer or public officer, who wishes to open, operate or control or continue to operate or control a bank account outside Kenya under section 19 of the Act, shall make an application to the Commission in a manner prescribed in Form O in the Schedule. (2) An application under paragraph (1) shall specify — (a) applicant's personal details; (b) applicant's employment details; (c) details of the account; till estimated period for operating the account md (e) any other relevant information. (3) An application under paragraph (1) shall be supported by certified copies of the following documents — (a) identity card or valid passport; (b) passport size photograph; (c) the beneficiary's identity card, birth certificate, valid passport, travel permit, (whichever is applicable); (d) documentary evidence for the purpose which the account is intended; (e) tax compliance certificate; and , (f) any other relevant document. (4) An applicant who wishes to continue operating an account shall, in addition to the application made under paragraph (1), attach a written and signed authority allowing the Commission to verify the statements and any other information from the financial institution outside Kenya in a manner prescribed in Form H in the Schedule. (5) A State or public officer who operates or controls a bank account outside Kenya shall, not later than January of succeeding year, submit statements of the account annually to the Commission. (6) The statements of the account referred to under paragraph (5) shall cover the period of January to December of each year. (7) Notwithstanding the provisions of this regulation, the Commission may require an applicant to furnish additional information. Determination of application and approval of account 15. (1) In determining an application to open or continue to operate a bank account outside Kenya, the Commission shall consider the following grounds— 26th July, 2019 THE KENYA GAZETTE 2729 (a) whether an account is for educational purposes in respect of the benefit of the applying officer, his or her spouse, child or any other beneficiary; or (b) whether an account is for medical purposes in respect of the officer, his or her spouse, child or any other beneficiary; or (c) whether an account is for a public officer who works in a diplomatic mission abroad; or (d) any other reasonable grounds that the Commission may determine. (2) The Commission shall process an application as soon as practicable but in any event the process shall not exceed six months. (3 Where the Commission approves an application it shall issue the applicant with an approval in writing to — (a) open a new account; (b) continue to operate an existing account. (4) A State officer or a public officer who has obtained approval under paragraph (3) shall submit to the bank outside Kenya— (a) a copy of the approval to open an account; (b) a copy of the approval to continue to operate an existing account; and (c) authority to verify account details. (5) Notwithstanding the provisions of these Regulations, an approval given by the Commission shall be subject to the provisions of any other written law regarding the opening, operation or control of bank accounts outside Kenya. Rejection or application 16. (1) The Commission shall not approve an application made under regulation 16 unless the applicant has satisfied the conditions stated therein. (2) Where the Commission declines to give an appro‘ al for opening or continuing to operate a bank account outside Ken "rya, it shall within fourteen days of the decision, inform the applicant stating the reasons thereof in writing. (3) An applicant dissatisfied with the decision of the Commission under paragraph (2) may within twenty-one days from the date of notification of the decision,' apply to the Commission for review. (4) The Commission shall consider the application for review within thirty days from the date of lodging the application for review and within fourteen days inform the applicant of its decision. (5) An applicant dissatisfied with the decision of the Commission under paragraph (4) may seek appropriate orders from the High Court. Officer to operate account for specified purpose 17. (1) Where approval is granted by the Commission to either open or continue to operate a bank account outside Kenya for a specific purpose, the account shall be used only for purpose for which the application was made. (2) A State officer or a public officer operating an account. outside Kenya who wishes to change the purpose or use the account for an additional purpose other than that for which the account is being operated shall make an application to the Commission. Application for extension to operate a bank account outside Kenya 18. A State officer or a public officer who has been operating a bank account outside Kenya may apply to the Commission for an extension where the period for which approval had been given is about to expire. Unauthorized operation of an account 19. (1) The Commission shall, in accordance with section 19 (3) of the Act, determine whether an account is being operated for purposes specified in the application. (2) Where the Commission determines that an account is not being operated for the intended purpose, the Commission shall, by notice in writing, require the officer to close the said account within twenty-four hours and confirm the closure to the Commission. (3) Where the duration of the approval issued to the officer to operate a bank account outside Kenya lapses and the officer has not applied for an extension, the Commission shall, by notice in writing, require the officer to, within twenty-four hours, close the said account and confirm the closure to the Commission. (4) An officer who operates an account for a purpose other than the one specified in the application, is in breach of the provisions of the Act or these Regulations and shall be subject to disciplinary proceedings in addition to any other action that may be preferred against the officer. Notice of closure of a bank account outside Kenya 20. A State officer or a public officer who has ceased to operate a bank account outside Kenya shall notify the Commission, in writing, within thirty days of closure of the account. Register 21. (1) The Commission shall open and maintain a register of all State officers and public officers operating bank accounts outside Kenya. (2) The Register under paragraph (1) shall contain the following information— (a) the name, personal file (PF) or identity card (ID) number and address of the officer; (b) the bank name, address, and country in which the account is held; (c) the account name, and the bank code; (d) the name in which the account is being operated, if not that of the officer; (e) the purpose for operating the account; V) the name of the Mentution to which monies will be transferred where the account Is being operated for educational, medical or other purpose; (g) the duration of approval for operating the account; (h) name of the officer's spouse, child or beneficiary, if the account is operated for the benefit of one of such persons; and (i) any other relevant information. PART V — COMPLAINTS, INVESTIGATIONS AND DISCIPLINARY PROCESS Lodging of complaints 22. (I) A person wishing to lodge a complaint under the Act may do so orally, anonymously, or in writing to the relevant public entity or the Commission. (2) Where a complaint under paragraph (1) public entity or the Commission shall reduce writing. (3) A public entity or the Commission shall within sixty days of receipt of a complaint initiate and conclude any preliminary inquiry it may consider necessary, having regard to the nature of the complaint. (4) On conclusion of a preliminary inquiry made under paragraph (3), a public entity or the Commission shall determine whether the compliant is legitimate and within its jurisdiction. (5) Where a public entity or the Commission determines that the complaint does not have merit, it shall inform the complainant where the complainant is known, and the officer against whom the complaint was made. (6) Where a public entity or the Commission determines that the complaint does not lie within its jurisdiction, it shall — (a) refer the matter to the relevant authority; (b) inform the complainant where he or she is known; or (c) inform the officer against whom the complaint was made. (7) A public entity or the Commission shall, if it determines that a complaint is legitimate and lies within its jurisdiction, commence an investigation. (8) A person who lodges a complaint to a public entity under the Act shall not be subjected to harassment, suspension, transfer, verbal or other abuse or any other form of unfair treatment. (9) Any officer who contravenes paragraph (8) commits a breach of the Code and shall be subject to disciplinary proceedings in addition to any other action that may be preferred against him. Information regarding complaints 23. Upon receipt of a complaint under regulation 23 (1), a public entity or the Commission may, if it is of the view that the complaint does not have sufficient details, call for more information regarding the complaint from any person, within (14) fourteen days. Investigations 24. Where a public entity or the Commission initiates investigations into breach of Code in accordance with regulation 23(1) the investigations shall be conducted in accordance with the provisions of the Constitution, the Act and any other relevant law. Suspension pending investigations 25. (1) Subject to paragraph (2), an officer who is under investigations may — (a) if the public entity conducting the investigation is the officer's employer, be suspended by that public entity; or (b) if employed by a public entity other than the one conducting the investigation be suspended on the recommendation of that public entity; or (c) if the Commission conducts the investigation, be suspended on the recommendation of the Commission. (2) The provisions of paragraph (1) shall apply where the officer is likely to — (a) conceal, alter, destroy, remove records, documents or evidence; (b) intimidate, threaten or otherwise interfere with witnesses; or (c) interfere with investigations in any other manner. (3 An officer under suspension shall be on half pay pending investigations and determination of the allegations made against the officer. Conclusion of investigations 26. (I) Where an officer is suspended under regulation 26(1), investigations shall be concluded within twelve (12) months of lodging of the complaint and the findings and the reasons thereof communicated to the complainant and the officer complained against within seven days from the date of the decision. (2) Despite provisions of paragraph (2), in the event that an investigation against an officer who has been suspended has not been concluded within twelve months, the public entity or the Commission may on reasonable grounds seek for an extension to conclude the investigations from the High Court, with notice to the officer. Investigation report 27. A public entity or the Commission shall on conclusion of investigation prepare an investigation report containing— (a) a summary of the complaint; (b) a description of the investigation undertaken and evidence obtained; (c) findings; and (d) recommendations. Referrals 28. Where a public entity or the Commission, after investigation, is of the opinion that civil or criminal proceedings ought to be preferred against an officer, the public entity shall refer the matter to the appropriate authority in accordance with section 43 of the Act. Clearance and reinstatement 29. (1) Where on conclusion of investigations it is established that there was no violation of the code— (a) a public entity which is the employer of the officer under investigation shall within thirty (30) days inform the officer of that finding and if the officer had been suspended, re-instate, the officer within fourteen (14) days in accordance with the terms of service; (b) in the case of a public entity other than the employer of the officer or the Commission, it shall within thirty (30) days inform the officer of that finding and if the officer had been suspended recommend to the relevant public entity the reinstatement of the officer. (2) Upon reinstatement, the officer's salary, benefits and any other entitlements withheld during the suspension shall be paid to the officer. (3) The officer shall be reinstated to the position which the officer held immediately prior to suspension or to a reasonably suitable position on terms and conditions not less favourable than those which would have applied had the officer not been on suspension. (4) In case it shall not be possible to reinstate the suspended officer for whatever reason, then the officer shall be paid benefits equivalent to the employment benefits for the remainder of the duration of the employment, from the date of suspension. Violation of Code 30. (1) Where, on conclusion of investigations conducted under these Regulations, a public entity or the Commission establishes that there has been a violation of the Code by an officer, the Commission or a public entity may recommend— (a) warning or caution; (b) suspension; (c) dismissal; or (d) any other appropriate action against such officer. (2) Notwithstanding the provisions of paragraph (1), where the Commission has investigated and established a violation of the Code by a State or public officer, the Commission shall require the public entity to take such action against the officer as it may recommend. (3) The Commission or a public entity shall, when taking a disciplinary action under this regulation, observe the principles of fair administrative action in accordance with Article 47 of the Constitution. Review of decisions 31. (1) Any person aggrieved by the decision of the public entity or the Commission made in accordance with regulation 31 may apply for review within fifteen days from the date of the decision. (2) The public entity or the Commission shall review its decision within fifteen days after receipt of an application made under paragraph (1). Court redress 32. A person aggrieved by any decision made by a public entity or the Commission under these Regulations, may seek redress from the High Court. Advisory opinion 33. (1) A State officer or a public entity that requires advice from the Commission on any issue relating to the application of Chapter Six of the Constitution shall make such request in writing. (2) The Commission shall respond to the request made under paragraph (1) within thirty (30) days. (3) The Commission shall treat the request and its response in confidence. State officer to commit to the Code 34. (1) Where a public entity has not prescribed a specific leadership and integrity code, a State officer shall on appointment or election to a public office sign and commit to the General Leadership and Integrity Code as set out in Form I, in the Schedule. 26th July, 2019 (2) Where a public entity has prescribed a specific leadership and integrity code, a State officer shall on appointment or election to a public office sign and commit to that specific leadership and integrity code as specified in Form J of the Schedule. (3 Subject to paragraph (2), a serving State Officer shall sign and commit to the specific and leadership integrity code seven (7) days after publication of the Code. Breach of regulations 35. A person who contravenes any provisions of these Regulations whose penalty is not provided for in the Act or these Regulations, commits an offence and is liable on conviction to a fine not exceeding twenty thousand shillings or to imprisonment for a term not exceeding six (6) months, or both. Z.S. GAD, MR/6738562 Secretary, Narok County Public Service Board.