GAZETTE NOTICE NO. 5726

PURSUANT to section 37 of the Leadership and Integrity Act, 2012, the Teachers Service Commission issues the Leadership and Integrity Code of Conduct set out in the Schedule hereto, to be observed by and binding upon State officers of the of the Teachers Service Commission. SCHEDULE THE LEADERSHIP AND INTEGRITY ACT (No. 19 of 2012) THE LEADERSHIP AND INTEGRITY CODE FOR STATE OFFICERS IN THE TEACHERS SERVICE COMMISSION PART I—STATEMENT OF INTENT This Leadership and Integrity Code for State officers at the Teachers Service Commission is made pursuant to the provisions of section 37 of the Leadership and Integrity Act, 2012, and is intended to establish standards of integrity, behaviour and ethical conduct in the leadership of the Office by ensuring that State officers the respect the values, principles and requirements of the Constitution, the Leadership and Integrity Act, 2012, the Teachers Service Commission Act, 2012, and any other applicable laws or policies, in the discharge of their duties. PART II— PRELIMINARY PROVISIONS 1. This Code may be cited as the Leadership and Integrity Code for State officers in the Teachers Service Commission. Citation. 2. In this Code, unless the context otherwise requires— Interpretation. “Act” means the Leadership and Integrity Act, 2012; No. 19 of 2012. “accounting officer” means the Chief Executive Officer or the Commission Secretary; “business associate” means a person who does business with or on behalf of a State Officer and has express or implied authority from that State officer; “Code” means the Leadership and Integrity Code for State officers of the Teachers Service Commission; “Commission” means the Ethics and Anti- Corruption Commission established under section 3 of the Ethics and Anti-Corruption Commission Act, 2011; No. 22 of 2011. “conflict of interest” means a situation where the personal interest of a State officer conflicts or appears to conflict with their official duties; “Office” means the Teachers Service Commission and includes any Department or the unit of the Commission; “personal interest” means the interest of a spouse, child, business associate or agent or any other matter in which the State officer has a direct or indirect pecuniary or non-pecuniary interest; “register” means a register of conflicts of interests maintained by the office; “Regulations” means the Regulations made by the Ethics and Anti-corruption Commission pursuant to section 54 of the Act; “State officer” means the chairperson, member, secretary or Chief Executive officer of the Office or any other officer at the Teachers Service Commission designated as such by law; “serving state officer” means a State officer who is in office at the commencement of the Code; and “Teachers Service Commission” means the Teachers Service Commission established under Article 237 (1) of the Constitution. 3. This Code applies to State officers in Teachers Service Commission Secretary and any other person designated by law as a State officer serving in the Teachers Service Commission. Application of Code. 4. Unless otherwise provided in this Code, the provisions of the Constitution, the Act, the Public Officer Ethics Act, 2003, and the Teachers Service Commission Act, 2012 shall form part of this Code, and to apply to all State officers in so far as they seek to promote the ethics, integrity and standards of service of the State officers. Application of the Constitution and other Acts. No. 4 of 2003. No. 20 of 2012. 5. (1) The Chairperson shall require a State Officer appointed to the Office shall sign and commit to this Code at the time of taking oath of office or within seven days of assuming office. State officer to sign Code. (2) The Chairperson shall require all serving State Officers shall sign and commit to this Code within seven days after publication of the Code in the Gazette. (3) A State Officer who fails to commit to this Code shall be in breach of the Code and shall be liable to the disciplinary action specified in section 41 of the Act. PART III—REQUIREMENTS 6. (1) A State Officer shall respect and abide by this Code, the Constitution and the law. (2) A State Officer shall carry out the duties of the Office in accordance with the law. (3) In carrying out the duties of the Office, a State Officer shall not violate the rights and fundamental freedoms of any person unless otherwise expressly provided for in the law and in accordance with Article 24 of the Constitution. Rule of law. 7. A State office is a position of public trust and the authority and responsibility vested in a State officer shall be exercised by the State officer in the best interest of the Office and the people of Kenya. Public trust. 8. Subject to the Constitution and any other law, a State Officer shall take personal responsibility for Responsibilities and duties. 11th June, 2021 THE KENYA GAZETTE the reasonably foreseeable consequences of any actions or omissions arising from the discharge of the duties of his or her office including where such acts and omissions were occasioned by malice or bad faith. 9. A State Officer shall, to the best of their ability— Performance of duties. (a) carry out the duties of the Office efficiently and honestly; (b) carry out the duties of the Office in a transparent and accountable manner; (c) keep accurate records and documents relating to the functions of the office; and (d) report truthfully on all matters of the office. 10. A State officer shall— Professionalism. (a) carry out duties of the Office in a manner that maintains public confidence in the integrity of the Office; (b) treat members of the public and other and public officers with courtesy and respect; (c) not discriminate against any person, except as is expressly provided by the law; (d) to the extent appropriate to the office, maintain high standards of performance and level of professionalism within the organization; and (e) if a State officer is a member of a professional body, observe and subscribe to the ethical and professional requirements of that body in so far as the requirements do not contravene the Constitution, this Act or any other law or this Code. 11.(1) A State officer shall not use his or her office to unlawfully or wrongfully enrich himself or herself or any other person. Financial integrity (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 to the Public Service Commission an initial declaration of income, assets and liabilities within thirty days of assuming office to the Accounting Officer and thereafter biennially; (4) Within thirty days after ceasing to be a State Officer, the former State Officer shall submit a final declaration of Income Assets and Liabilities. (5) 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. 12. (1) A State officer shall observe and maintain the following ethical and moral requirements— Moral and ethical requirements. (a) demonstrate honesty in the conduct of his or her public affairs; (b) not engage in activities that amount to abuse of Office; (c) accurately and honestly represent information to the public; (d) not engage in wrongful conduct in furtherance of personal benefit; (e) not misuse public resources; (f) not discriminate against any person, except as expressly provided for under the law; (g) not falsify any records; (h) not sexually harass or have inappropriate sexual relations with other State officers, staff or any other person; (i) 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; and (j) not commit offences and in particular, any of the offences under Parts XV and XVI of the Penal Code, the Sexual Offences Act, 2006, the Counter-Trafficking in Persons Act, 2010, and the Children’s Act, 2008. Cap. 63 No. 3 of 2006 No. 8 of 2010 No. 8 of 2001 13. (1) A gift or donation given to a State officer on a public or official occasion shall be treated as a gift or donation to the Office. Gifts and benefits in kind. (2) Notwithstanding subparagraph (1), a State officer may receive a gift given in an official capacity, provided that the gift— (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; and (c) the gift does not exceed twenty thousand shillings. (3) Without limiting the generality of subparagraph (2), a State officer shall not— (a) accept or solicit gifts, hospitality or other benefits from a person who— (i) has an interest that may be achieved by the carrying out or not carrying out of the State Officer’s duties; (ii) carries on regulated activities with respect to which the Office has a role; or (iii) has a contractual or legal relationship with the Office. (b) accept gifts of jewelry or other gifts comprising of precious metal 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 Commission in the Regulations. (4) A State Officer shall not receive a gift which is given with the intention of compromising the integrity, objectivity or impartiality of the State officer. (5) Subject to subparagraph (2), a State Officer who receives a gift or donation shall declare the gift or donation to the Office in the manner and form prescribed in Form A set out Appendix II. (6) The Office shall keep a register of— (a) gifts received by a serving State Officer; and (b) gifts given by the Office to other State Officers. 14. A State officer shall not use the Office to wrongfully or unlawfully acquire or influence the acquisition of property for self or any other person. Wrongful and unlawful acquisition of property. 2564 2564 15. (1) A State officer shall avoid being in a situation where personal interests conflict or appear to conflict with his or her official duties. Conflict of interest. (2) Without limiting the generality of subparagraph (1), a State officer shall not hold shares or have any other interest in a corporation, partnership or other body, directly or through another person, if holding those shares or having that interest would result in a conflict with the State officer’s personal interests and the officer’s official duties. (3) A State officer whose personal interest conflict with their official duties shall declare the personal interest to the Commission and the Office in the manner and in Form B set out in Appendix III. (4) 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— (a) comply with the directions; and (b) refrain from participating in any deliberations with respect to the matter. (5) 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 State officer has a substantial or controlling interest. (6) Where a State officer is present at a meeting, where an issue which is likely to result in a conflict of interest is to be discussed, the State Officer shall declare the interest at the beginning of the meeting or before the issue is deliberated upon. (7) A declaration of a conflict of interest under subparagraph (6) shall be recorded in the minutes of that meeting. (8) The Office shall maintain an open register of conflict of interest in Form B set out in Appendix III in which an affected State Officer shall register the particulars of registrable interests, stating the nature and extent of the conflict. (9) For purposes of subparagraph (8), the registrable interests shall include— (a) the interests set out in the Second Schedule to the Act; (b) any connection with a person, firm or a company, whether by relation, friendship, (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; or (d) Any other matter which, in the opinion of the State Officer, taking into account the circumstances thereof, is necessary for registration as a conflict of interest. (10) The Office shall keep the register of conflicts of interest for five years after the last entry in each volume of the register. (11) The State officer shall prepare and submit to the Office a report of the registered interests within thirty days after the close of a financial year. (12) It shall be the responsibility of a State Officer to ensure that an entry of registrable interests under Subsection (8) is updated and to notify the Office of any changes in the registrable interests, within one month of each change occurring. (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 registrable interests, within one month of each change occurring. 16. (1) A State officer shall not participate in a tender for the supply of goods, works or services to the Office. Participation in tenders. (2) Notwithstanding subparagraph (1), a company or entity shall not be construed as trading with the Office unless— (a) the State officer has controlling shareholding in the company or entity; (b) the State officer is a Director of the Company; or (c) the State Officer is a managing partner in a firm providing services to the office. 17. (1) A State officer shall not solicit for contributions from the public 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. Public collections. (2) A State officer shall not participate in a public collection of funds in a way that reflects adversely on the State officer's integrity, impartiality or interferes with the performance of the official duties. (3) Nothing in this clause shall be construed as prohibiting a State Officer from making voluntary contributions towards a private cause. 18.(1) Subject to Article 76(2) of the Constitution or any other written law, a State officer shall not open or continue to operate a bank account outside Kenya without the approval of the Commission. Bank accounts outside Kenya. (2) A State officer who has reasonable grounds for opening or operating a bank account outside Kenya shall apply to the Commission for approval to open or operate such a bank account. (3) A State officer who operates or controls the operation of a bank account outside Kenya shall submit statements of the account annually to the Commission and authorize the Commission to verify the statements and any other relevant information from the foreign financial institution in which the account is held. (4) Subject to subparagraphs (1) and (2), upon appointment, a State Officer who operates a bank account outside Kenya shall close the account within three months or such other period as the Commission may, by notice in the Gazette, prescribe. 19. (1) A State officer shall not be an agent of, or further the interests of a foreign government, organization or individual in a manner that may be detrimental to the security interests of Kenya, except when acting in the course of official duty. Acting for foreigners (2) For purposes of this paragraph— (a) an individual is a foreigner if the individual is not a citizen of Kenya; and 11th June, 2021 THE KENYA GAZETTE (b) an organization is foreign if it is established outside Kenya or is owned or controlled by a foreign government, organization or individual. 20. (1) A State officer shall take all reasonable steps to ensure that public property in the officer’s custody, possession or control is taken care of and is in good repair and condition. Care of property. (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 surrender to the Office all the public property in his or her custody, possession or control at the end of the appointment term. (4) A State officer who contravenes subparagraphs (2) or (3) shall, in addition to any other penalties provided for under the Constitution, the Act or any other law, be personally liable for any loss or damage to the public property. 21.(1) A State officer shall not directly or indirectly use or allow any person under his/her authority to use any information obtained through or in connection with the office, which is not available in the public domain, for the furthering of any private interest, whether financial or otherwise. Misuse of official information. (2) A State officer shall not violate the requirements of subparagraph (1) if the information is to be used for the purposes of — (a) pursuant to a Court order; (b) for purposes of educational, research, literary, scientific work or other purposes not prohibited by law; or (c) in compliance with the Article 35 of the Constitution and the relevant law. 22. (1) A State Officer shall not, in the performance of their duties— Political neutrality. (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. (2) A State officer shall not engage in any political activity that may compromise or be seen to compromise the political neutrality of the Office subject to any laws relating to elections. (3) Without prejudice to the generality of subsection (2) a State Officer shall not— (a) engage in the activities of any political party or candidate or act as an agent of a political party or a candidate in an election; or (b) publicly indicate support for or opposition against any political party or candidate participating in an election. 23. A State officer shall, at all times, carry out the duties of the Office with impartiality and objectivity in accordance with Articles 10, 27, 73(2)(b) and 232 of the Constitution and shall not practice favoritism, nepotism, tribalism, cronyism, religious bias or engage in corrupt or unethical practices. Impartiality. 24. A State officer who has a duty to give advice shall give honest, accurate and impartial advice without fear or favour. Giving advice. 25.(1) Subject to subsection (2), a State Officer Gainful who is serving on a full time basis shall not participate in any other gainful employment employment (2) In this section, “gainful employment” means work that a person can pursue and perform for money or other form of compensation or remuneration which is inherently incompatible with the responsibilities of a State office or which results in the impairment of the judgement of the State Officer in the execution of the functions of the Office or results in a conflict of interest in terms of Section 16 of the Act. 26.(1) A State officer shall not allow himself or herself to be influenced in the performance of his or her duties by plans or expectations for or offers of future employment or benefits. Offers of future employment. (2) A State officer shall disclose, in writing, to the Office and the Commission all offers of future employment or benefits that could place the State officer in a situation of conflict of interest. 27. A former State officer shall not be engaged by or act for a person or entity in a matter in which the officer was originally engaged in as a State officer, for at least two years after leaving the Office. Former State officers acting in a government or public entity matter 28. A State officer shall not knowingly give false or misleading information to any person. Misleading the public. 29. A State officer shall not falsify any records or misrepresent information to the public. Falsification of records. 30.(1) Subject to Article 78(3) of the Constitution, a State Officer who acquires dual citizenship shall lose his or her position as a State officer. Citizenship. (2) A person who holds dual citizenship shall, upon appointment to the Office, not take office before officially renouncing their other citizenship in accordance with the provisions of the Kenya Citizenship and Immigration Act. No. 12 of 2011. 31. A State officer shall conduct his or her private affairs in a manner that inspires public confidence in the integrity of his or her office. Conduct of private affairs. 32. (1) A State Officer shall pay any taxes due from him or her within the prescribed period. Tax, financial and legal obligations (2) A State Officer shall not neglect their financial or legal obligations. 33. (1) A State officer shall not bully any State Officer, member of staff or member of the public. Bullying. (2) For purposes of subparagraph (1), “bullying” includes repeated offensive behavior which is vindictive, cruel, malicious or humiliating and is intended to undermine a person. 34. (1) A State officer contravenes this Code if the State Officer— Acting through others. (a) causes anything to be done through another person that would constitute a contravention of the Code if done by the State Officer; or (b) allows or directs 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. (3) A State Officer who acts under an unlawful direction shall be responsible for his or her action. 35.(1) If a State officer considers that anything Reporting 2566 2566 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. improper orders. (2) The Commission shall investigate the report and take appropriate action within ninety days of receiving the report from the State officer. 36. 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. Confidentiality. 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 shall take all necessary measures to prevent it from continuing or materializing in addition to any other appropriate action including reporting to the Office or Commission. Duty to prevent occurrence of corruption or unethical practice in the Office. 38. State officers in the Office shall collectively and individually take measures to ensure that they uphold and practice the highest attainable degree of integrity in the performance of their duties. Promotion of ethics, integrity and best practices. 39. A State officer shall maintain appropriate standard of dress and personal hygiene at all times. Dress code. 40. Each State Officer shall take personal responsibility for implementation of and compliance with the provisions of this Code. Implementation and compliance with the provisions of the Code. 41.(1) Breach of this Code amounts to misconduct for which the State officer may be subjected to disciplinary proceedings including removal from office. Breach of Code. (2) Where an allegation of breach of the Code has been made against a State Officer in respect of whom the Constitution or any other law provides the procedure for removal or dismissal, the question of removal or dismissal shall be determined in accordance with the Constitution or that other law. 42. The Teachers Service Commission may, with the approval of the Commission, amend this Code. ANNEX I (para. 5(1)) COMMITMENT TO THE LEADERSHIP AND INTEGRITY CODE OF TEACHERS SERVICE COMMISSION (Under Section 40 of the Leadership and Integrity Act, 2012) I……………………………………………………confirm that I have read and understood the Leadership and Integrity Code for Teachers Service Commission and do hereby commit to abide by the provisions of the Code. SWORN at ………………….. ) by the said……………………. ) This…………day of ………….2020 …………………………………. ) DEPONENT Before me:- ) COMMISSIONER FOR OATHS/MAGISTRATE ) Made on the…………………………..day of…………………………, APPENDIX II Teachers Service Commission Form A (para. 13(5)) Report on Gifts Received Part A To: (approving authority):……………………………………………… Description of offeror: (individual/company/institution/government entity etc) Please tick as appropriate Title: ………………………………………………………………… Name: …………………………………………………..…………….. Relationship (official/business/personal):……………………………… Occasion on which the gift was/ is to be received: ……….………… Description and assessed value of the gift: …………………………… ………………………………………………………………………… ………………………………………………………………………… Suggested Method of Disposal- Retained by receiving State Officer …………………………………… Retained for display/as a souvenir in the office ………………………. Shared among the State Officers ……………………………………… Reserved as luck draw prize at Staff function ……………………..… Donate to charitable organization …………………………………… Return to the Offeror …………………………………..………….…… Others (please specify) ………………..……………………………….. Name of receiving State Officer:……………………… P/F No:……………... Sign:…………………………………..………………. Date:…………..……. Part B Acknowledgment (to be completed by approving authority) To (receiving State Officer):……………………………………… The recommended method of disposal is Approved/ Not Approved:……… If not approved please specify the reasons: ………………………………………………………………………… ………………………………………………………………………… ………………………………………………………………………… The gifts concerned should be disposed of by way of :.……………… ………………………………………………………………………… ………………………………………………………………………… ………………………………………………………………………… ………………………………………………………………………… …………… ……………….. Name of Approving Authority ...……………………..... Title:……… Sign: ………………………………………. Date:……………….…… 11th June, 2021 THE KENYA GAZETTE APPENDIX III Teachers Service Commission Form B (para. 15(3), (8)) Declaration of Conflict of Interest Part A: Declaration (to be completed by the declaring State Officer) I ……………………………………. PF/No……………………… would like to report the following existing/potential conflict of interest situation arising during the discharge of my official duties. Persons/ Companies with whom/which I have official dealings and/ or Personal interests include: 1.,………………………………………..……………………………… 2………………………………….……….…………………………….. 3………………………………………………………………………… Brief description of my duties which involve the persons/companies mentioned above that pose real/possible conflict of interest include: 1………………………………………………………………………… 2………………………………………………………………………… 3.……………………………………………………………………… I shall update and notify the Office and the Commission of any changes in the registrable interests within one month of any change occurring Sign: ………………………………… Date:…………………… Part B Acknowledgment of declared Conflict of interest (to be received by the approving authority) To : (declaring State Officer )………………………… PF/NO……… The information contained in your declaration for ………………………………………………………………………… …….. is noted. It has been decided that *: You should refrain from performing or getting involved in performing the work, as described in Part A, which may give rise to conflict of interest OR You should continue to handle the work as described in Part A, since there is no conflict of interest that would affect your decisions in relation to the information declared above. Other conditions (please specify) ………………………….…………………... ………………………………………………………………………… …………………………………………………………………….……. ………………………………………………………………………… ……..…………………………………………………………………… Comments:……………………………………………………...……… Name of Approving authority ..……………...……….. Title:………………… Sign: ……………………………………...... Date:…………………………… *please delete as appropriate PRESCRIBED for the State Officers of the Teachers Service Commission, in accordance with the provisions of section 37 of Leadership and Integrity Act, 2012. Dated the 2020. CHAIRPERSON, Teachers Service Commission. PRESCRIBED by the Ethics and Anti-Corruption Commission, in accordance with the provisions of section 37 of Leadership and Integrity Act, 2012. Dated the, 2020. CHAIRPERSON, Ethics and Anti-Corruption Commission.