GAZETTE NOTICE NO. 12510

IN EXERCISE of the powers conferred by section 44 (c) of the Human Resource Management Professionals Act, 2012, the Council of the Institute of Human Resource Management with the approval of the Cabinet Secretary for Public Service, Gender, Senior Citizens Affairs and Special Programmes, has issued the Code of Conduct set out in the Schedule to apply in respect of Human Resource Management Professionals. PART I—PRELIMINARY SCHEDULE 1. This Code may be cited as the Human Resource Management Professionals Code of Conduct and Ethics. Citation. 2. In this Code, unless the context otherwise requires–– Interpretation. “Act” means the Human Resource Professionals Management Act; Act No. 52 of 2012. “bullying or harassment” means any unwelcome verbal or physical behavior that interferes with work or creates an intimidating, hostile, or offensive work environment; “Chairperson” means the Chairperson of the Disciplinary Committee established under section 31 of the Act; “Code” means the Human Resource Management Professionals Code of Conduct and Ethics; “Committee” means the Disciplinary Committee established under section 31 (1) of the Act; “Executive Director” means the person appointed as the Executive Director of the Institute under section 8 of the Act; “human resource practice” means any practice for hire, gain, fee, compensation or reward received, promised, offered, expected or accepted either directly or indirectly by the person rendering the human resource function from the person requesting or receiving the service; “human resource professional” means a person who is registered as a member of the Institute in accordance with section 19 (1) of the Act; “Institute’ means the Institute of Human Resource Management established under section 3 (1) of the Act; “professional misconduct” has the meaning assigned to it under section 30 of the Act; “sexual harassment” means any unwelcome sexual advance, request for sexual favours or other verbal, nonverbal, or physical conduct of a sexual nature that interferes with work, is made a condition of employment, or creates an intimidating, hostile, or offensive work environment; and “unsatisfactory conduct” means conduct which falls below the standard that is expected of a member in human resource decision making but does not amount to professional misconduct particularly when rendering professional services and does not attract disciplinary measures but remedial measures such as further trainings. 3. The purpose of this Code is to─ Purpose of the code. (a) to provide clear parameters on the acceptable principles and behaviour within which human resource professionals are empowered to make decisions and act; (b) to enhance the value, credibility and strategic importance for the human resource profession within organizations, the business community and the society; and (c) to promote a culture that places great value on upholding the highest ethical standards at the work place. 4. This Code applies to− Scope of application of the code. (a) human resource professionals registered under the Act; (b) the procedures and conditions for registering and certification of human resource professionals; 19th November, 2021 THE KENYA GAZETTE (c) the standards and assurance of the quality of human resource practice. (2) For the avoidance of doubt, this Code shall apply to— (a) a human resource professional whether despite holding such certificate, is not in active practice at the time but is engaged in another activity or is under suspension pursuant to section 34 of the Act; (b) the actions of a human resource professional, which are not undertaken in the course of the practice of human resources if such actions reflect on the professional’s conduct or standing. 5. The guiding principles for human resource practice include— Principles. (a) professional responsibility to encourage professional decision-making and responsibility to influence progressive human resource practice; (b) professional development to attain the highest standards of competence essential to serve and address clients’ needs; (c) ethical leadership essential to serve as role models at the workplace; and (d) fairness and justice to foster a conducive environment to achieve organizational goals and objectives. PART II — CODE OF CONDUCT AND ETHICS 6. (1) This Code sets out professional and ethical standards that govern the conduct of a human resource professional when providing professional services and in certain cases when not providing human resource services. Code of conduct. (2) A human resource professional who fails to comply with the Act, Regulations made under the Act or this Code commits professional misconduct as provided in section 30 of the Act. 7. It is professional misconduct for any person who has been registered as a member or has a practising certificate to engage in the practice of human resources without a valid membership or practising certificate. Requirement of practising certificate. 8. A human resource professional shall uphold the highest level of integrity when conducting professional duties and shall be honest, trustworthy, transparent and accountable. Integrity. 9. A human resource professional shall discharge official duties in accordance with the Constitution and all other laws. Rule of law. 10. A human resource professional shall— Performance of duties and responsibilitie s. (a) maintain high standards of performance and professionalism when undertaking official tasks and duties; (b) carry out official duties in a manner that protects the integrity of the office; (c) exercise courtesy and respect when discharging official duties and shall not discriminate against any person; (d) be accountable for all decisions, acts or omissions undertaken in the course of duty; (e) maintain an appropriate standard of dress and personal hygiene; and (f) observe and subscribe to the ethical and professional requirements of the profession. 11. A human resource professional shall conduct official responsibilities without discrimination based on race, ethnic background, disability, gender or health. Diversity. 12. A human resource professional shall observe and maintain ethical and moral requirements and shall not— Moral and ethical requirements. (a) engage in unethical behavior in furtherance of personal benefit; (b) act dishonestly in the exercise of professional duties; (c) falsify records; (d) engage in any activities that amount to abuse of the position he or she holds or bring disrepute to the profession; or (e) engage in any activities that amount to professional misconduct as set out in section 30 of the Act. 13. (1) A human resource professional shall not— Acting through others. (a) cause anything to be done by any person that is in contravention to the Constitution, laws, regulations, codes, standards and lawful directives of the Institute; (b) allow or direct any person under their supervision or control to do anything that is in contravention to applicable laws, regulations, codes and standards. (2) A human resource professional who acts under an unlawful direction shall be held responsible for his or her actions. (3) A human resource professional who considers that anything required of them is in contravention to the laws, regulations, codes, standards of the human resource profession or what is required is otherwise improper or unethical, the human resource professional shall report the matter to the appropriate authority. 14. (1) A human resource professional shall not use or allow any person to use any information which is not available to the public but obtained through or in connection with his or her office or position, for the furtherance of any private interest or for any other purpose except for education, research, literary, scientific or other purposes not prohibited by law. Misuse of information. (2) Notwithstanding the generality of paragraph (1), a human resource professional shall take all reasonable steps to ensure that confidential information or documents entrusted to his or her care are adequately protected from improper or inadvertent disclosure. 15. (1) A human resource professional shall— Conflict of interest. (a) not engage in an activity that creates actual, apparent or potential conflict of interest; and (b) use his or her best efforts to avoid being in a position in which his or her personal interests conflict with official duties. (2) A human resource professional shall not participate in any tendering process where his or her personal or proprietary interests conflict with his or her duties and shall not award tenders to himself, spouse, relative or business associate. 6362 6362 (3) A human resource professional shall disqualify himself or herself from any matter where his or her impartiality might reasonably be questioned including but not limited to instances in which— (a) the human resource professional has a personal bias, prejudice or interest over the subject matter; (b) the human resource professional or his or her family or a close connection has a financial or any other interest that could substantially affect the outcome of the matter in issue; or (c) the human resource professional, or his or her spouse, or a person related to either of them or the spouse of such a person or a friend or a business associate is a party to the matter in issue. (4) Where an issue is likely to create a conflict of interest, the human resource professional shall declare interest before a meeting if the matter is being deliberated upon or declare the conflict to the appropriate body or person in order to prevent any apparent or potential conflict. 16. A human resource professional shall not bully or sexually harass any person. Bullying or sexual harassment. 17. A human resource professional shall be committed to continuously developing his or her skills, expertise and knowledge in order to improve work performance as well as those of colleagues or persons working under his or her supervision. Self- development. 18. (1) A human resource professional shall— Official dealings. (a) practise and promote the principles of equity, inclusiveness, protection of the marginalized, integrity and professional competency; (b) not, knowingly withhold information that is not protected including vacancies or posts, promotions or other official correspondence with a view to disadvantage any person; and (c) not engage in private business during official working hours. (d) 19. A human resource professional shall not use his or her position or any authority associated with his or her office in a manner that could reasonably be construed to imply that the Institute or employer sanctions or endorses any activities, either by him or by any other person, that are not activities of the Institute or the employer. Endorsing private activities. 20. A human resource professional shall not engage in any manner of professional misconduct. Professional misconduct. 21. Where a human resource professional is deemed to have performed any professional duties unsatisfactorily, the supervisor or employer shall ensure that the professional undergoes appropriate training. Unsatisfactory conduct. PART III — ENFORCEMENT OF CODE 22. (1) Every human resource professional shall be under an obligation to report, in good faith to the Executive Director, any breach of the provisions of this Code. Reporting. (2) Notwithstanding paragraph (1), anonymous complaints may be reported in accordance with paragraph (5). (3) A good faith report is made— (a) if the person making the report holds a reasonable belief that misconduct has occurred or that an action, which has been taken, is a prohibited conduct under this Code; (b) if another person in the same or similar position could conclude, in a fair, proper and reasonable manner, that a violation has occurred. (4) A disclosure is not made in good faith if — (a) it is made with reckless disregard or willful ignorance of facts that would disprove the disclosure; (b) it is made through the media or alternative media and the identity of the person making the report is hidden or altered; (c) the person making the report is unwilling to appear before the Disciplinary Committee for cross examination where the facts provided in the report are insufficient to justify commencement of investigations. (5) The report shall be in writing or filed online and addressed to the Executive Director. (6) If the report is verbal, the person making the report shall appear in person and be willing and ready for cross examination. (7) The Executive Director shall submit any report made under paragraph (1) to the Council for direction pursuant to section 32 of the Act. (8) Any information received in respect of paragraph (1) and (2) shall be dealt with in strict confidentiality with a view to protecting the source. 23. (1) The Disciplinary Committee may investigate any allegation of breach of this code so as to determine the veracity of such allegation. Investigations. (2) An investigation may be carried out under this paragraph notwithstanding that the person being investigated does not have a current practising certificate or has not renewed membership. 24. (1) The following process will be applicable in investigation of a complaint— Process for initiation and investigation of a complaint. (a) a complainant will complete a complaint form available at the office of the Executive Director or on the website of the Institute. (b) the complainant shall set out in detail, the facts and circumstances, including dates of the alleged misconduct and the names of any persons relevant to the complaint; (c) the recipient of the complaint shall acknowledge receipt of the complaint by stamping the date of receipt on a copy of the complaint or by acknowledging receipt online. (d) the Executive Director shall submit the complaint to the Council for consideration. (e) where the Council has reason to believe that a registered person may have committed professional misconduct, it shall refer the matter to the Disciplinary committee which shall inquire into the matter. 19th November, 2021 THE KENYA GAZETTE (2) Where the Disciplinary Committee conducts the investigations, it shall conduct interviews with the complainant, the person or persons named in the complaint and other persons who may have knowledge relevant to the investigation. (3) After the inquiry is complete, the Disciplinary Committee shall make a recommendation to the Council based on the findings of the investigation. (4) In the event that there is a finding of misconduct, the Council shall determine the appropriate disciplinary sanctions pursuant to section 34 (1) of the Act. 25. The Disciplinary Committee shall afford, the person whose conduct is being inquired into, an opportunity to be heard in person in accordance with section 33 of the Act. Hearing procedure. 26. A member who is dissatisfied with the decision of the Council may appeal to the High Court in accordance with section 34(5) of the Act. Review by Council. 27. This Code may be reviewed from time to time as the Institute may deem appropriate. Review of the Code. Dated the 1st November, 2021. JOSEPH V. ONYANGO, Chairperson, Institute of Human Resource Management Council.