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GAZETTE NOTICE NO. 10271
GAZETTE NOTICE NO. 10271
THE COMPANIES ACT
REGISTRATION
PURSUANT to section 897 (3) of the Companies Act, it is notified that at the expiration of three (3) months from the date of this gazette, the names of the under-mentioned companies shall unless cause is shown to the contrary be struck off the register of companies and the company shall be dissolved.
Number Name of Company
CPR/2013/102143 Benshah Engineering and Construction Limited
C. 22444 Bisons Kenya Limited
PVT-8LU7Q96 Bromley Holdings Limited
PVT/2017/033881 China Wuyi Maritime Silk Road Plaza
Development Company Limited
CPR/2009/8138 China National Aero Technology International
Engineering Corporation Limited
C. 57040 Choice Bakers Limited
CPR/2014/163528 Europe Africa Consultancy Limited
PVT-XYU793.1 Guled Investment Limited
PVT-7LU2YL9 Gf Markets (Kenya) Limited
C. 142279 Image Systems Limited
PVT-PJUR7A2 Kericho Dot Natural Water Limited
PVT-BEUD72L Lifeboattwormili Team Limited
PVT/2016/025717 Lolite Holdings Limited
CPR/2013/126987 Minfei Enterprises Limited
PVT/2016/011910 Naivasha Tumaini Limited
C. 88323 Nanyuki Airport Services Limited
PVT-6LUDDL7 Nexbox Company Limited
CPR/2015/190092 Ogas Solutions Kenya Limited
PVT-RXU32MD Parvaaz Trading Limited
CPR/2011/50537 Qiongzhou Building Engineering Kenya
Company Limited
C. 18332
Sabaki Investments Limited
PVT-AJULRA7
Sahika Farms Limited
C. 24490
Shabas Engineering Agencies Limited
PVT-PJUZ8DR
Soek Limited
PVT-7LU6DMA
Spex Opticals Limited
CPR/2015/203021
Trans Rift Supplies Limited
CPR/2011/63663
The Blue Link Invest Limited
CPR/2014/129120
Tinsip Limited
PVT-KAUQPDA Timam Cars Limited
CPR/2014/138791
Twanga Simu Limited
PVT/2016/004450
Thessalonika Investments Limited
PVT/2016/010541
Urban Artefacts Limited
PVT-EYUB8VQ
Urp Investments Limited
PVT-SJUXDPY
Warranty Plus Limited
Dated the 1st December, 2020.
SHIGHADI MWAKIO, for Registrar of Companies.
PART II—PRELIMINARY PROVISIONS
Citation
1. This Code may be cited as the Leadership and Integrity Code for
State Officers in the Office of the Registrar of Political Parties.
Commencement
2. This Code shall come into operation upon publication in the
Gazette.
3. In this Code, unless the context otherwise requires —
No. 19 of 2012
"Act" means the Leadership and Integrity Act, 2012;
No. 18 0,12012
"Accounting Officer" has the meaning assigned to it under the
Public Finance Management Act, 2012;
"Bank account" has the meaning assigned to it under section 2 of the Act;
"Business associate" has the meaning assigned to it under section 2 of the Act;
"Code" means the Leadership and Integrity Code for State Officers in the Office of the Registrar of Political Parties;
No. 22 of 2011
-Commission- means the Ethics and Anti-Corruption Commission established under the Ethics and Anti-Corruption Commission Act, 2011 ;
"Gazette" means the Kenya Gazette;
"General Code" means the Code prescribed under Part II of the
Act;
"Office" means the Office of the Registrar of Political established under the Part Section 33 of the Political Parties Act, 2011.
"Personal interest" means a matter in which a State Officer has a direct or indirect pecuniary or non-pecuniary interest and includes the interest of his or her spouse, child, business associate or agent;
No. 4 of 2003
"Public Officer" has the meaning assigned to it under Article 260 of the Constitution, and section 2 of the Public Officer Ethics Act.
2003 and refers to such a person for the time being serving in the
Office of the Office of the Registrar of Political Parties;
"Regulations" means the Regulations made by the Ethics and Anti-
Corruption Commission pursuant to section 54 of the Act;
"State Officer" means the Registrar of Political Parties or such other person designated as such in Appendix Ito this Code.
Scope of application of Code
4. (1) This Code applies to the the Registrar of Political Parties and any other person serving in the Office of Registrar of Political Parties
4th December, 2020 THE KENYA GAZETTE 4891 and designated by law as a State Officer or any Public Officer serving in the Office of Registrar of Political Partiesto whom the application of this Code has been extended as provided for in Paragraph (2).
(2) In accordance with the provisions of section 52 of the Act, the application of this Code has been extended to apply to the Public
Officers serving in the Office of Registrar of Political Parties whose designations appear in Appendix Ito this Code.
Application of the Constitution, the Act and the Public Officer Ethics
Act. 2003
5. (1) The provisions of Chapter Six of the Constitution shall form part of this Code.
(2) Unless otherwise provided in this Code, the provisions of the Act, the Public Officer Ethics Act, 2003 are deemed to form part of this Code, and to apply to all State officers and Public officers who are subject to this Code, in so far as they seek to promote the ethics and integrity of State officers and Public officers.
State Officer to sign Code
6. (1) A State Officer appointed to a State Office, or a public office to which this Code applies, shall sign and commit to this Code at the time of taking oath of office or within seven days of assuming office.
(2) A serving State Officer shall sign and commit to this Code 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 H to this Code.
PART III—REQUIREMENTS
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 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
8. 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
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 of his or her office.
Performance of Duties
10. (1) A State Officer shall, 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;
(e) keep accurate records and documents relating to the functions of the Office; and
(d) Report truthfully on all matters of the Office.
Professionalism
11. A State Officer shall —
(a) carry out the duties of his or her office in a manner that maintains public confidence in the integrity of the Office;
(h) treat members of the public, staff 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 the State Officer is a member of a professional body, observe and subscribe to the ethical and professional requirements of that body in so far as the requirements do not contravene the
Constitution, any other law or this Code.
Financial Probity
12. (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 make biennial declarations to the
Office, and a final declaration within thirty (30) days of ceasing to be a
State Officer.
(4) A State Officer shall pay any taxes due from him or her within the prescribed period.
(5) A State Officer shall not neglect their financial or legal obligations.
(6) 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.
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 or her public and private affairs;
(b) not to engage in activities that amount to abuse of office;
(c) accurately and honestly represent information to the public;
(d) not engage in wrongful conduct in furtherance of personal benefit;
(e) not misuse public resources;
(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;
Cap. 63.
No. 3 of 2006
No. 8 of 2008.
Cap. 141.
(j) not commit offences and in particular, any of the offences under Parts XV and XVI of the Penal Code, Sexual
Offences Act, 2006, the Counter-Trafficking in Persons
Act, 2008, and the Children Act.
Gifts or benefits in kind
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 Office.
(2) Notwithstanding subparagraph (1), a State Officer may receive a gift given to the State Officer in an official capacity, provided that —
(a) the gift is within the ordinary bounds of propriety, a usual expression of courtesy or protocol and within the ordinary standards of hospitality;
(b) the gift is not monetary;
(c) the gift does not exceed an amount prescribed by the
Commission under the Act or any other law.
(3) A State Officer shall not —
(a) accept or solicit gifts, hospitality or other benefits from a person who —
(i) is under investigation;
(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) A State Officer who receives a gift or donation shall declare the gift or donation to the Commission as well as the Office within fourteen days of receipt of the gift.
Wrongful or unlawful acquisition of property
15. A State Officer shall not use the Office to wrongfully or unlawfully acquire or influence the acquisition of property.
Conflict of interest
16. (1) A State Officer shall use the best efforts to avoid being in a situation where his or her personal interests conflict or appear to conflict with the State Officer's 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 of the State Officer's personal interests and the Officer's official duties.
(3) A State Officer whose personal interest's conflict with their official duties shall declare the personal interests to Office and the
Commission.
(4) The Commission or the office may 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.
(5) Any direction issued by the Commission or the Office under subparagraph (4) shall be in writing.
(6) Notwithstanding 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 Officer has a substantial or controlling interest.
(7) 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.
(8) A declaration of a conflict of interest under subparagraph (7) shall be recorded in the minutes of that meeting.
(9) The Office shall maintain a register of conflicts of interest in the prescribed form in which an affected State Officer shall register the particulars of the registrable interests, stating the nature and extent of the conflict.
(10) For purposes of subparagraph (9), 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 a matter for which the Office or the
State Officer is responsible ion;
(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 corporation associated with the
State Officer;
(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.
(11) The Office shall keep the register of conflicts of interest for five years after the last entry in each volume of the register.
(12) The Office shall prepare a report of the registered interests within thirty days after the close of a financial year.
(13) A State Officer shall ensure that an entry of registrable interests under subparagraph (9) is updated and to notify the Office of any changes in the registrable interests, within one month of each change occurring.
Participation in tenders invited by the Office.
17. (1) A State Officer shall not participate in a tender for the supply of goods or services to the Office.
(2) Notwithstanding 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 a controlling shareholding in the company or entity; or
(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
18. (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 that State Officer's integrity, impartiality or interferes with the performance of the official duties.
(3) Subject to subparagraph (2) participate in a collection involving a private cause.
(4) Nothing in this clause shall be constructed as prohibiting a
State Officer from making voluntary contribution.
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 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 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 3 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
20. (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 and other interests of
Kenya.
4th December, 2020 THE KENYA GAZETTE 4893
(2) For the 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.
Care of property
21. (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 subparagraph (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
22. (1) A State Officer shall not directly or indirectly use or allow any person under the State 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 or other purposes not prohibited by law; or
(c) in compliance with Article 35 of the Constitution and the relevant law.
Political Neutrality
23. 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; or
(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
24. A State Officer shall, at all times, carry out the duties of the
Office with impartiality and objectivity in accordance with principles and values set out in Articles 10, 27, 73(2)(b) and 232 of the
Constitution and shall not practice favouritism, nepotism, tribalism, cronyism, religious bias or engage in corrupt or unethical practices.
Giving of Advice '
25. A State Officer who has a duty to give advice shall give honest, accurate and impartial advice without fear or favour.
Gainful Employment
26. (1) Subject to subparagraph (2), 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 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 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
Commission, all offers of future employment or benefits that could place the State Officer in a situation of conflict of interest.
Former State Officer in the Office
28. An appointed State Officer shall not be engaged by the Office in a matter in which the State Officer was originally engaged in as a
State Officer, for at least two years after leaving the Office.
Misleading the public.
29. A State Officer shall not knowingly give false or misleading information to any person.
Falsification of Records
30. A State Officer shall not falsify any records or misrepresent information to the public.
Conduct of Private Affairs
31. A State Officer shall conduct their private affairs in a manner that maintains public confidence in the integrity of the 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 whether or not 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 their 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 or 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 roles to assist private entities or persons in their dealings with the government where such assistance would amount to preferential treatment to any person or entity
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 is about to be done by any appointed public official shall take all necessary measures to prevent it from continuing or materializing in addition to any other appropriate action.
Duty of Registrar to promote ethics, integrity and best practices in public service
Designation of State Officer Institution! Agency of Service
Assistant Registrar Office of Registrar of Political
38. (1) It shall the duty of the Registrar, subject to the Constitution and any other written law, to take personal responsibility in ensuring that all persons in the Office 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
40. (1) Any person may lodge a complaint alleging a breach of this
Code by a State Officer to the Commission.
(2) Upon receipt of the complaint, the Commission shall register and carry out investigations into the complaint and take appropriate action in line with the applicable law. Such action may action may include referral of the matter to 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 or any other written law.
(5), in accordance with the provisions of section 42 of the Act.
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 and 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 implementation of and 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 Appendix to the Schedule
45. The Registrar may, upon informing the Commission in writing, amend through a notice in the Gazette Appendix Ito the Schedule.
Amendment of the Code
46. The Registrar or his designate may, with the approval of the
Commission, review and amend this Code.
APPENDIX I
(Para. 4(2))
EXTENSION OF THE APPLICATION OF THE CODE TO SOME
PUBLIC OFFICERS IN THE OFFICE OF REGISTRAR OF
POLITICAL PARTIES
Parties
APPENDIX II
(Para. 6(3))
COMMITMENT TO THE LEADERSHIP AND INTEGRITY CODE
OF THE OFFICE OF THE REGISTRAR OF POLITICAL PARTIES
I holder of
National ID/Passport No. and Post
Office Box No. having been appointed as (Registrar of Political
Parties/Assistant Registrar of Political Parties or any other applicable position) in the
Office , do hereby confirm that I have read and understood the Leadership and
Integrity Code for the Office of Registrar of Political Parties 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 such other incidental assignment as may be given to me.
Signed at
By the said
This day of 20
Before me
}
}
Judge/Commissioner for Oaths }
Dated the 7th of October, 2020.
ANN N. NDERITU, MR/I455920 Registrar of Political Parties.
Dated the 1st December, 2020.
SHIGHADI MWAKIO,
for Registrar of Companies.
Extracted Entities (1)
previous_gazette_ref
10271
Details
- Act / Legislation
- THE COMPANIES ACT
- Signed By
- SHIGHADI MWAKIO
- Title
- for Registrar of Companies
- Date Signed
- 1st December 2020
- Page
- 40
- Extraction Method
- regex
Source Gazette
Vol. CXXII No. 215
Published 3rd March 2020