GAZETTE NOTICE NO. 7623

under the Act; "Declaration form" means the form set out in the Schedule to the Act in accordance with Section 26 (2) of the Act; "Designated Officer" means an employee of the Commission assigned to administer the Procedures or any part thereof; "Final declaration" means a declaration made in accordance with Section 27(5) of the Act; "Initial declaration" means a declaration made in accordance with Section 27 (3) of the Act; "Two-year declaration" means a declaration made in accordance with Section 26 (1) of the Act; "Secretary" means the person appointed as the Chief Executive of the Commission in accordance with Article 237 (1) of the Constitution; Scope of Application 3. These Procedures shall apply to the administration of Part IV of the Act with respect to the employees of the Commission. Administration of the Procedures 4. (1) The Secretary shall be the responsible officer of the Commission for the purpose of the application of these Procedures. (2) The Secretary may designate in writing officers from among the staff of the Commission to assist the Secretary for the purpose of application of these Procedures. (3) The designation under sub-paragraph (2) shall outline the specific tasks to be performed by the Designated Officer and the manner in which they shall be performed. PART II—PROCEDURE IN RELATION TO DECLARATIONS 5. (1) An employee shall submit a declaration in the Form set out in the Schedule to the Act. (2) The Commission or an authorized officer may use such measures as may be appropriate to facilitate an employee to acquire the Form referred to in sub-paragraph (1). (3) Where the employee is required to make a two-year declaration, the Commission or an authorized, as the case may be, shall provide that employee with a declaration form on or before the 1st November of the year in which the two-year declaration is to be made. (4) Where an employee is required to make an initial declaration or a final declaration, the Commission or the authorized officer, as the case may be, shall issue that employee with the declaration form at least thirty (30) days before that officer is to make the declaration. (5) The Commission shall render to the employees the Declaration Form in digital format available on the TSC Website. Completion, Submission and Confidentiality of Declarations 6. (1) An employee shall complete and submit the declaration form to the Secretary. (2) The Commission or an authorized officer shall not disclose, access, acquire or publish the information in the declaration except as may be provided in the Act and these Procedures. Register of Declarations 7. (1) The Commission or authorized officer shall maintain a register containing details of each employee who is required to make a declaration in accordance with the Act. The register shall include — (a) Name of the employee, TSC Number, Cellphone number, and designation; Station, Sub County, County (b) Date the employee submitted the declaration form to the Commission or the authorized officer as the case may be; (c) Name and signature of the designated officer acknowledging receipt of the declaration; (d) Total number of employees who have submitted declarations as at the due date; (e) Any remarks relating to the declarations; (f) Name of school for teachers and directorate for secretariat staff the employee making the declaration belongs to; (g) The number of declarations received from the authorized officer. (2) The Commission or the authorized officer may maintain separate registers in respect of initial, two-year and final declarations. Reports on Compliance 8. (1) An authorized officer shall submit to the Commission, by the 31st January following information in relation to the two-year declarations by employees under their jurisdiction or authority — (a) The total number of employees on the payroll; (b) The total number of employees who are unpaid or who are working on a part time basis or who are working on a temporary basis as on the 31st October of the year of declaration; (c) A certified copy of the register maintained in accordance with paragraph 7; (d) The total number of employees who have submitted the declaration within the prescribed time; (e) The total number of employees who have failed to submit the declaration within the prescribed time; (f) The action taken or report made to the Ethics and Anticorruption Commission (EACC), Attorney General or Director of Public Prosecutions in relation to the employees who have failed to comply with the Act; (g) Any relevant remarks relating to the returns. (2) In the case of initial and final declarations, an authorized officer shall submit to the Commission the information required in sub-paragraph (1) in respect of — (a) the six-month period between January and June on the 31s July; and (b) the sixth-month period between July and December, on the 31st January of the following year. PART III—PROCEDURE IN RELATION TO CLARIFICATIONS Requests for Clarification 9. (1) The Secretary or the Designated Officer shall review each declaration to ascertain if any of the following conditions exist — (a) on the face of the declaration, or in light of any other information the Commission may have, there is reason to suspect the declaration may be false or incomplete; (b) the assets of the declarant appear disproportionate to his or her know income; (c) the income, assets or liabilities of the declarant raise concerns of impropriety or conflict of interest or any other breach of the Code of Conduct and Ethics. (2) If it is suspected that any of the conditions in sub-paragraph (1) exist, the Secretary or Authorized Officer shall give the declarant an opportunity to make a clarification in accordance with Section 28 (1) of the Act. (3) Request for clarification to the declarant shall be made in writing in a prescribed format (4) Where, after an analysis by the Commission or an authorized officer, it is ascertained that— (a) declaration by a public officer is false or incomplete; (b) the assets of the public officer who submitted the declaration are disproportionate to his or her known income; or (c) the income, assets or liabilities of the public officer who submitted the declaration raise concerns of impropriety or conflict of interest or any other breach of the Code of Conduct and Ethics. that the employee shall be requested in writing by the Commission or the authorized officer, as the case may be, to make a clarification in accordance with section 28 (1) of the Act. (5) Where, after a clarification by an employee, the Commission or authorized officer, still finds that — (a) the declaration by an employee is false or incomplete (b) the assets of the employee who submitted the declaration are disproportionate to his or her known income; or (c) the income, assets or liabilities of the employee who submitted the declaration raise concerns of impropriety or conflict of interest or any other breach of the Code of Conduct and Ethics. the Commission or the authorized officer may take such action as the Commission or the authorized officer considers appropriate including notifying Ethics and Anti-Corruption Commission, the Attorney- General, the Director of Public Prosecutions or any other competent authority. 10. The Secretary shall inform the Commission of any employee who does not comply with the provisions of the Act, and the Commission shall— 30th July, 2021 THE KENYA GAZETTE 3325 (a) require the authorized officer to take appropriate action against that employee in relation to any administrative disciplinary action; or (h) notify Ethics and Anti-Corruption Commission, the Attorney- General, the Director of Public Prosecutions or any other competent authority in relation to civil or criminal action against that employee. PART IV —PROCEDURE FOR THE ACCESS OR. PUBLICATION OF INFORMATION IN A DECLARATION 11. Access and Publication of Information in a Declaration (1) The Commission or any other person shall not disclose, access, acquire or publish the information in the declaration form except as may be provided in the Act, the Regulations, these Procedures, or any other written law. (2) A person who wishes to gain access or to publish information in relation to a declaration under the Act by an employee shall— (a) apply in writing to the Commission or authorized officer in a prescribed format; (b) demonstrate to the Commission or authorized officer that he or she has a legitimate interest in the information: and (c) demonstrate to the Commission or authorized officer that the access to or publication of that information shall be in furtherance of the objectives of the Act. (3) The Commission shall, in the register of access to declarations, document the particulars of clarification sought, the mode of communication, the time given to respond, the date and particulars of response, if any. (4) Subparagraph (1) shall not apply to the staff authorized by the Commission or by the authorized officer to have access to the information for purposes of these procedures. (5) Where a person has made an application to the Commission or an authorized officer in accordance with this paragraph — (a) the Commission or the authorized officer, as the case may be, shall inform the concerned employee of the application in a prescribed format; (b) the Commission or the authorized officer, as the case may be, shall give the employee a reasonable opportunity to make a representation in relation to the application within 14days; (c) the Commission or the authorized officer, as the case may be, shall take into consideration the representation by the employee while determining the application. (6) The Commission shall determine an application made in accordance with this paragraph and communicate its decision in writing to the applicant within thirty (30) days of receipt of the application. (7) The Commission or the authorized officer shall maintain a register of applications and decisions made under this paragraph setting out — (a) the name of each applicant; (b) the date each application was received; (c) the name, TSC number and Cellphone number of the employee who was the subject of the application; (d) the department/ school or other unit the employee belongs to; (e) a brief description of the information applied for; and (f) a brief description of the decision made in relation to the application including reasons for denial where applicable; (g) Date when the decision was communicated to the applicant. (8) The Secretary may determine an Application for access by an employee to his or her declaration. 12. The Commission or a relevant authorized officer shall not give access to the information in a declaration to- (a) the employee who made the declaration unless the employee can verify his or her identity; or (b) a representative of the employee who made the declaration unless that representative— (i) can provide proof of his or her authority to act as a representative of the employee; and (ii) can provide proof that shall verify the identity of the employee. 13. Except as provided under the Act and these procedures, the decisions of the Commission or an authorized officer in relation to a declaration by an employee shall be final. PART V —MISCELLANEOUS Mechanisms for Storage, Retention and Retrieval 14. (1) The Commission shall ensure that appropriate mechanisms are put in place for the safe and secure storage, retention and easy retrieval of the declarations and clarifications; (2) The mechanisms established under sub-paragraph (1) may include manual, electronic, microfilm or any other form as the Commission may consider appropriate. Cessation of retention of information 15. (1) Where the period for retaining information obtained in accordance with Part IV of the Act has lapsed, the Commission shall determine what action shall be taken in relation to that information. (2) The Secretary or an authorized officer may make a written proposal to the Commission in relation to the action to be taken by the Commission in accordance with subparagraph (1). 16. Despite a delegation by the Commission for the purposes of these Procedures, the Commission may — (a) exercise the delegated power or perform the delegated function; or (b) on its own motion, revise a decision of the Secretary or of a relevant authorized officer made for the purposes of these Procedures. 17. The Commission may audit or investigate the manner in which an authorized officer has discharged his or her duties under these Procedures. 18. The Commission may issue written instructions in relation to any matter that has not been provided for in these Procedures in relation to the application of Part IV of the Act. 19. The Commission shall, at the request of the Secretary or an authorized officer, hear him or her, or his or her representative in relation to any matter the Secretary or the authorized officer has referred to the Commission during the application of these Procedures. Returns to Ethics and Anti-Corruption Commission 20. (1) Pursuant to sections 4 (2) and 6 (3) of the Leadership and Integrity Act, 2012 the Commission shall submit to the Ethics and Anti-Corruption Commission, by the 31st July following the submission of two-year declarations, the following information — (a) the number of public officers in the payroll as at 31st October of the declaration year; (b) the total number of public officers who have submitted declarations within the prescribed time; (c) the total number of public officers who have failed to submit declarations within the prescribed time; (d) any action taken by the Commission in relation to any public officer who has failed to comply with the Act, the regulations and/or these procedures; (e) number of declarations verified; (f) findings in respect to the verification of declarations (g) any action taken pursuant to the verification of the declaration (h) any relevant remarks relating to the returns. (2) In the case of initial and final declarations, the Commission shall, by 31st of July each year, submit to the EACC the information required in subparagraph (1) in respect to the financial year ending on 30th June of the preceding year. 21. The Teachers Service Commission Procedures for the Administration of Part IV of the Act of 2009 are revoked. APPENDIX I REQUEST TO ACCESS A DECLARATION OR CLARIFICATION Note: A separate form to be completed in respect of a request for information for each declarant. PART I— INFORMATION ON APPLICANT 1. Name 2. National Identity Card/Passport Number 3. Cellphone number 4. Postal Address 5. Physical Address 6. E-mail Address 7. Occupation PART II—PARTICULARS OF INFORMATION APPLIED FOR (a) Nature of Information (please tick ) 1. Declaration ( ) 2. Clarification ( ) 3 Declaration and Clarification ( ) (b) Declaration period: PART III—INFORMATION ON THE PERSON WHOSE DECLARATION IS SOUGHT TO BE OBTAINED (a) Name (b) Work Station (d) Reason for requiring the information:- (i) Official (ii) Other reason (e) State precisely the purpose for which the declaration sought will be used PART IV —ADDITIONAL INFORMATION Give any other information you may consider relevant and useful to your request PART V—DECLARATION BY APPLICANT , solemnly declare that the information I have given above is true, complete and correct to the best of my knowledge. Date: Signature of Applicant APPENDIX II ACKNOWLEDGEMENT OF REQUEST FOR ACCESS FOR A DECLARATION OR CLARIFICATION Name of Applicant National Identity Card/Passport Number Telephone number Name of Organization (where applicable) Postal Address Date of Application Delivered by Signature A response on this request will be communicated within thirty (30) days from the date of this acknowledgement. Name of Receiving Officer Signature Date. Stamp: APPENDIX III REPORTING TEMPLATE ON THE SUBMISSION OF DECLARATION OF INCOME, ASSETS AND LIABILITIES (NB: use separate forms for employees and for state officers/commissioners) Name of entity • Date of submission: Declaration year. Number of employees and state officers in the Commission:....... (differentiate for both State and employees): Number of State Officers/Employees who submitted returns: State officers. Employees. Number of State Officers/Employees who did not submit returns State officers. Employees. LIST OF OFFICERS WHO DID NOT SUBMIT DECLARATION OF INCOME, ASSETS AND LIABILITIES (DIALS) No. Full name Designation/ Position TSC No National Action ID/Passport No taken/ Remarks 2 Compiled by: TSC No• Designation. Date. Sign. Authorized by• Date. Sign. Accounting officer/CEO Official Rubber stamp (Completed form to be submitted to EACC) APPENDIX IV REPORTING TEMPLATE ON THE VERFICATION OF DECLARATION OF INCOME, ASSETS AND LIABILITIES (NB: use separate forms for public officers and for state officers) Name of entity • Declaration year Number of declarations verified (differentiate for both State and Public Officers). Number of declarations not verified. RETURNS OF VERIFICIATION OF DECLARATION OF INCOME, ASSETS AND LIABILITIES (DIALS) THAT ARE INCOMPLETE, INCONSISTENT AND FALSIFIED No. Full name Designation/ Position TSC No National ID/Passport No Action taken/ Remarks 2 Compiled by: TSC No. NOTICE is given that the preparation of the above part development plan was on 26th July, 2021 completed. The part development plan relate to land situated within Isiolo Township in Isiolo County. Copies of the part development plan as prepared has been deposited for public inspection at the Office of the County Executive Committee Member, Department of Land and Physical Planning, 2nd Floor, Ardhi House, Isiolo and County Physical Planning Offices, Isiolo. The copies so deposited are available for inspection free of charge by all persons interested at the Office of the County Executive Committee Member, Department of Land and Physical Planning, 2nd Floor, Ardhi House, Isiolo and County Physical Planning Offices, Isiolo between the hours of 8.00 a.m. and 5.00 p.m. Monday to Friday. Any interested person who wishes to make any representation in connection with or objection to the named Part Development Plan may send such representations or objections in writing to be received by the County Executive Committee Member, Department of Landand Physical Planning, P.O Box 36-60300, Isiolo, within sixty (60) days from the date of this publication and any such representation or objection shall state the grounds on which it is made. Dated the 26th July, 2021. K. M . CHERUIYOT, MR/1770605 for Director of Physical Planning.