GAZETTE NOTICE NO. 13411

PURSUANT to section 37 of the Leadership and Integrity Act, 2012, the Ministry of ICT, Innovation and Youth Affairs prescribes the Leadership and Integrity Code set out in the Schedule hereto, to be observed by and binding upon State officers in the Ministry of ICT, Innovation and Youth Affairs. THE LEADERSHIP AND INTEGRITY CODE FOR STATE OFFICERS IN THE MINISTRY OF ICT, INNOVATION AND YOUTH AFFAIRS Preamble The Code is developed for the State Officers in the Ministry of ICT, Innovation and Youth Affairs, pursuant to the provisions of section 37 of the Leadership and Integrity Act, 2012, and to give effect to Chapter Six of the Constitution of Kenya. Objective of the Code This Code is intended to establish standards of integrity and ethical conduct in the leadership of the Ministry of ICT, Innovation and Youth Affairs by ensuring that the State Officer(s) therein respect the values, principles and provisions of the Constitution, and any other applicable laws or policies, in the discharge of their duties to the nation. PART I— PRELIMINARY Citation 1. This Code may be cited as the Leadership and Integrity Code for State Officers in the Ministry of ICT, Innovation and Youth Affairs. Interpretation 2. In this Code, unless the context otherwise requires— "Act" means the Leadership and Integrity Act, 2012; "Asset" means a thing, tangible or intangible, owned, whether wholly or in part, or controlled by a State Officer which has an actual or determinable economic value and can be sold, exchanged or otherwise used or applied to meet an obligation or acquire something else in return; "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; "Classified information" means any information of a particular security classification whose unauthorized disclosure would prejudice national security. "Code" means the Leadership and Integrity Code for State Officer(s) in the Ministry of ICT, Innovation and Youth Affairs; "Commission" means the Ethics and Anti-Corruption Commission established under the Ethics and Anti-Corruption Commission Act, 2011; "Confidential information" means information whose unauthorized disclosure would be prejudicial to the interests of the State or the Office; "Conflict of interest" refers to instances when a State Officer's personal interest conflict or appear to conflict with his/her official duties; "Gainful employment" has the meaning assigned to it under section 26(2) of the Act; "Gazette" means the Kenya Gazette; "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; "Public Officer" has the meaning assigned to it under Article 260 of the Constitution, and section 2 of the Public Officer Ethics Act, 2003; "Regulations" means the Regulations made by the Ethics and Anti- Corruption Commission pursuant to section 54 of the Act; "State Officer" means the Cabinet Secretary and Principal Secretary or any other person designated as such under the Constitution or any other law; "unauthorized person" means a person who is not officially or lawfully empowered to perform specified duties associated with the Office. Commencement 3. This Code shall come into operation upon its publication in the Gazette. Scope of Application of Code 4. (1) This Code applies to the Ministry of ICT, Innovation and Youth Affairs or any other person serving in the Ministry of ICT, Innovation and Youth Affairs and who is designated as a State Officer under the Constitution or any other written law. Application of the Constitution and the Public Officer Ethics Act, 2003 5. (1) The provision of Chapter Six of the Constitution shall form part of this Code. (2) Unless otherwise provided in this Code, the provisions of the Constitution and the Public Officer Ethics Act, 2003, shall in so far as they seek to promote the ethics and integrity of State officers, be deemed to form part of this Code. State Officer to sign Code 6. (1) 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. (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 Ito this Code. PART II—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, in the performance of his duties— (a) be Impartial and shall not discriminate against any person; (b) protect the public interest, act with objectivity, take account of the victim, and pay attention to all relevant circumstances; (c) keep matters in his possession confidential, unless the needs of justice require otherwise; (d) carry out the duties of the office efficiently and honestly; (e) carry out the duties of the office in a transparent and accountable manner; (f) keep accurate records and documents relating to the functions of the office; and (g) report truthfully on all matters relating to 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; (b) treat members of the public, staff and other State and Public Officers with courtesy and respect; (c) 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 Integrity 12. ( I ) A State Officer shall not use his or her office to unlawfully or wrongfully enrich himself or herself or any other person. (2) A State Officer shall not seek or accept a personal loan or benefit in circumstances that compromise the integrity of the State Officer (3) A State Officer shall submit an initial declaration of assets and liabilities to the relevant Authority within thirty days of assuming Office and thereafter biennially. (4) A State Officer shall pay any taxes due from him or her within the prescribed period. (5) A State Officer shall pay any taxes, loans or debts due from him or her within the prescribed period and shall not in any way neglect their financial obligations. (6) A State Officer shall submit an initial declaration of income, assets and liabilities within thirty days of assuming office and thereafter make biennial declarations to the office, and a final declaration within 30 days of ceasing to be a State Officer. Moral and Ethical Requirements. 13. (1) 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; (17) 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; (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 the value of Kenya Shillings Twenty Thousand (KES 20,000) or such other value as may be 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 by any agency or is a subject of prosecution or any other matter in which the office is involved; (ii) has a contractual relationship with the Office ; (iii) has any interest that is directly or indirectly connected with the State Officer's duties; 10th December, 2021 THE KENYA GAZETTE 6771 (h) 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 and the Office within fourteen days of receipt of the gift. Wrongful or Unlawfid 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 the Office and the Commission. (4) The Commission 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 for; (c) any application for employment or other form of engagement with the Commission, by a family member or friend of the State Officer or by a law firm or corporation associated with the State Officer; (d) any application to the Office, by a family member or friend of the State officer, for clearance with respect to appointment or election to any public office; (e) 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 and forward to the Commission 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) Subject to the Constitution and any other written law, 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 paragraph (2), a State Officer may, with the approval of the President, participate in a collection involving a private cause. (4) Nothing in this clause shall be constructed as prohibiting a State Officer from making voluntary contributions towards a private cause. 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 hank account outside Kenya without the approval of the Commission. (2) A State Officer who has reasonable grounds for opening or operating a hank account outside Kenya shall apply to the Commission for approval to open or operate a hank 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 three 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. (I) 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. (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) Exercise their freedom of expression and association in a manner that is incompatible with the integrity of their office or which adversely affects or appears to affect the independence or impartiality of the Office. (b) act as an agent for, or further the interests of a political party or candidate in an election; or (c) manifest support for or opposition to any political party or candidate in an election; or (d) 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)(6) 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 of the State Officer or which results in the impairment of the judgement 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/former 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. (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. (2) A person who holds dual citizenship shall, upon election or appointment to a State office, not take office before officially renouncing their other citizenship in accordance with the provisions of the Kenya Citizenship and Immigration Act, 2011, (No. 12 of 2011). Citizenship 32. A State Officer shall conduct their private affairs in a manner that maintains public confidence in the integrity of the Office. Bullying 33. ( I) A State officer shall not bully another State Officer, Public Officer, Member of the public 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 34. (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 35. (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 36. (1) Subject to Article 35 of the Constitution and any other relevant law, a State Officer shall not disclose or cause to be disclosed any classified or confidential information in his or her custody to any unauthorized person. Preferential Treatment 37. A State Officer shall not depart from their official roles to assist private entities or persons in their dealings with the Office, another public body or the government where such assistance would amount to preferential treatment to any person. 10th December, 2021 THE KENYA GAZETTE 6773 Duty to Prevent Occurrence of Corruption or Unethical Practice in the Office 38. 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 person shall take all necessary measures to prevent it from continuing or materializing in addition to any other appropriate action. Duty of the State Officer to Promote Ethics, Integrity and Best Practices in Public Service 39. (1) It shall be the duty of the State Officer to, subject to the Constitution and any other written law, take measures to ensure that all persons serving in the Office uphold and practice the highest attainable degree of integrity in the performance of their duties. (2) In discharging the duty imposed under sub-section (1), the State Officer may subject to the Constitution or any other written law, suspend or cause to be suspended a Public Officer who is a subject of investigations or upon the recommendations of the Commission. Exercise of Authority 40. Authority assigned to a State Officer shall be exercised in a manner that— (a) is consistent with the Core Values of the Office; (b) demonstrates respect for the people of Kenya; (c) brings honor and dignity to the Office; (d) promotes public confidence in the integrity of the Office and the criminal justice system; and (e) Objectivity and impartiality in decision making. Independence 41. A State Officer shall— (a) discharge his/ her duties independently and shall not allow himself/ herself to be in any way influenced by any political or other sectoral interests; and (b) not allow himself or subject himself to situations where he would be controlled or directed by any person or authority Workplace Harassment 42. A State Officer shall not engage in any covert or overt behavior that reasonably has the effect of violating someone else's dignity or creating an intimidating, degrading, hostile, humiliating or offensive work environment. Dress Code 43. A State Officer shall maintain appropriate standard of dress and personal hygiene at all times. PART III—IMPLEMENTATION OF THE CODE 44. (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 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. Advisory Opinion on Ethical Issues 45. 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 () any other matter incidental to the promotion of the ethics and integrity of the office. PART IV—GENERAL PROVISIONS Leadership and Integrity Education Generally. 46. The Office shall collaborate with the Commission to ensure that the State Officers and Public Officers serving in the Office are sensitized on leadership and integrity issues at least once a year. Personal Responsibility to Implement the Code 47. Each State Officer shall take personal responsibility for implementation of and compliance with the provisions of this Code. Amendment of the Code 48. The Office may, with the approval of the Commission, review and amend this Code. APPENDIX I (Para. 6(3)) COMMITMENT TO THE LEADERSHIP AND INTEGRITY CODE FOR STATE OFFICER IN THE MINISTRY OF ICT, INNOVATION AND YOUTH AFFAIRS I holder of National ID/Passport No. and Post Office Box having been appointed as in the , do hereby confirm that I have read and understood the Leadership and Integrity Code for State Officers in the 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 }Deponent This day of 20. Before me Judge/Commissioner for Oaths PTG 1164/21-22