GAZETTE NOTICE NO. 2612

IN EXERCISE of the powers conferred by section 37 of the Leadership and Integrity Act, 2012, the Parliamentary Service Commission establishes this Leadership and Integrity Code for the State officers in the Commission. THE LEADERSHIP AND INTEGRITY CODE FOR STATE OFFICERS IN THE PARLIAMENTARY SERVICE COMMISSION PART I—PRELIMINARY This Code is established pursuant to section 37 of the Leadership and Integrity Act, 2012 which requires every public entity to prescribe a Specific Leadership and Integrity Code for the State offices in the entity. The Code is intended to establish standards of integrity and ethical conduct in the leadership of the Commission by ensuring that the State officers respect the values, principles and requirements of the Constitution in the discharge of their duties. 1. Citation This Code may be cited as the Leadership and Integrity Code for State officers in the Parliamentary Service Commission. 2. Interpretation In this Code, unless the context otherwise requires— “Act” means the Leadership and Integrity Act, 2012; “Bank account” means an account maintained by a bank or any other financial institution for and in the name of, or in the name designated by, a customer of the bank or other financial institution and into which money is paid or withdrawn by or for the benefit of that customer or held in trust for that customer and in which the transactions between the customer and the bank or other financial institution are recorded; “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 the Parliamentary Service Commission; “Commission” means the Parliamentary Service Commission established under Article 127 of the Constitution of Kenya; “General Code” means the Code prescribed under Part II of the Act; “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; “Regulations” means the regulations made by the Commission pursuant to section 36 of the Parliamentary Service Act, 2000; “Spouse” means a wife or husband; and “State officer” means a Chairperson or Member of the Parliamentary Service Commission. 3. Application of Code This Code applies to State officers in the Commission. 4. Application of the Constitution, the Public Officer Ethics Act, 2003, and the Parliamentary Service Commission Act, 2000 (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 Public Officer Ethics Act and sections 4 and 5 of the Parliamentary Service Commission Act shall form part of this Code in so far as they conform to the provisions of the Leadership and Integrity Act. 5. State officer to sign Code A State officer appointed to the Commission shall sign and commit to this Code at the time of taking oath of office or within seven days of assuming office. PART II—REQUIREMENTS 6. Rule of law (1) A State officer shall respect and abide by the Constitution and the law. THE KENYA GAZETTE 29th March, 2018 828 828 (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. 7. Public trust 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 people of Kenya. 8. Responsibility and duties 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 the office. 9. Performance of duties A State officer shall, to the best of their ability— (a) carry out the duties of the office efficiently and honestly; (b) carry out the duties 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 organization which they represent. 10. Professionalism A State officer shall— (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, staff and other State 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 Commission; and (e) 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, the Act, any other law or this Code. 11. Financial integrity (1) A State officer shall not use the 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 the duties. 12. Moral and ethical requirements (1) A State officer shall observe and maintain the following ethical and moral requirements— (a) demonstrate honesty in the conduct of public affairs subject to the Public Officer Ethics Act (No. 4 of 2003); (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 discriminate against any person, except as expressly provided for under the law; (g) 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 (h) not commit offences and in particular, any of the offences under Parts XV and XVI of the Penal Code (Cap. 63), the Sexual Offences Act (No. 3 of 2006), the Counter-Trafficking in Persons Act (No. 8 of 2010), and the Children Act (Cap. 141). (2) A person appointed to the office shall for the purposes of this Code, submit to the Ethics and Anti- Corruption Commission a self– declaration in the form set out in the First Schedule to the Act. 13. Gifts or benefits in kind (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 Commission. (2) Notwithstanding subsection (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; and (c) the gift does not exceed such value as may be prescribed by the Commission in the regulations. (3) Without limiting the generality of subsection (2), a State officer shall not— (a) accept or solicit gifts, hospitality or other benefits from a person who— (i) has any interest that is directly or indirectly connected with the State Officer’s duties; or (ii) has a contractual or legal relationship with the Commission. (b) accept gifts of jewellery 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 subsection (2), a State officer who receives a gift or donation shall declare the gift or donation to the Commission within fourteen days of receipt of the gift. (6) The Commission shall keep a register of all gifts received by State officers in their official capacity. (7) The Commission shall make and publicize regulations regarding receipt and disposal of gifts under this section. 14. Wrongful or unlawful acquisition of property A State officer shall not use the office to wrongfully or unlawfully influence the acquisition of property. 15. Conflict of interest (1) A State officer shall use the best efforts to avoid being in a situation where personal interests conflict or appear to conflict with the State officer’s official duties. (2) Without limiting the generality of subsection (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 interests conflict with their official duties shall declare the personal interests to the Commission. (4) The Commission may give direction in writing 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. 29th March, 2018 THE KENYA GAZETTE (5) Notwithstanding any directions to the contrary under subsection (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. (6) 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. (7) A declaration of a conflict of interest under subsection (6) shall be recorded in the minutes of that meeting. (8) Subject to Article 116 (3) and (4) of the Constitution, a member of Parliament shall declare any direct pecuniary interest or benefit of whatever nature in any— (a) debate or proceeding of the Commission; (b) debate or proceeding in any committee of the Commission; and (c) transaction or communication which the State officer may have with other members of the Commission, State officers, public officers or government officers. (9) For purposes of subsection (8), the Clerk of the Senate, and the National Assembly shall maintain a register of conflicts of interest, which shall be open to the public for inspection. (10) The Commission shall maintain an open register of conflicts of interest in the prescribed form in which an affected State officer shall register the particulars of registrable interests, stating the nature and extent of the conflict. (11) For purposes of subsection (10), the registrable interests shall include— (a) the interests set out in the Second Schedule to the Act; (b) 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 corporation associated with the State officer; and (c) 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. (12) The Commission shall keep the register of conflicts of interest for five (5) years after the last entry in each volume of the register. (13) It shall be the responsibility of the State officer to ensure that an entry of registrable interests under subsection (10) is updated and to notify the Commission of any changes in the registrable interests, within one month of each change occurring. 16. Participation in tenders A State officer shall not participate in a tender for the supply of goods or services to the Commission, but the holding of shares by a State officer in a company shall not be construed as participating in the tender of the Commission unless the State officer has a controlling shareholding in the company or is a Director of the Company. 17. Public collections (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. (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 subsection (2), a State officer may, with the approval of the Commission, participate in a collection involving a private cause as may be approved by the Commission. 18. Bank accounts outside Kenya (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 Ethics and Anti-Corruption Commission. (2) A State officer who has reasonable grounds for opening or operating a bank account outside Kenya shall apply to the Ethics and Anti-Corruption 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 Ethics and Anti-Corruption Commission and shall authorize the Ethics and Anti-Corruption Commission to verify the statements and any other relevant information from the foreign financial institution in which the account is held. (4) Subject to subsections (1) and (2), a serving State officer who operates a bank account outside Kenya shall close the account within six months or such other period as the Ethics and Anti-Corruption Commission may, by notice in the Gazette, prescribe. (5) Without prejudice to the foregoing provisions of this section, a State officer who fails to declare operation or control of a bank account outside Kenya commits an offence and shall, upon conviction, be liable to imprisonment for a term not exceeding five (5) years, or a fine not exceeding five million shillings, or both. 19. Acting for foreigners (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. (2) For the purposes of this section— (a) an individual is a foreign individual if the individual is not a citizen of Kenya; and (b) an organization is a foreign organization if it is established outside Kenya or is owned or controlled by a foreign government, organization or individual. 20. Care of property (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 Commission all the public property in their custody, possession or control at the end of the appointment, or election term. (4) A State officer who contravenes subsection (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. Misuse of official information (1) A State officer shall not directly or indirectly use or allow any person under the 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) The provisions of subsection (1), shall not apply where the information is to be used for the purposes of— (a) furthering the interests of the Act; or (b) educational, research, literary, scientific or other purposes not prohibited by law. 22. Political neutrality (1) An appointed State officer, shall not, in the performance of their duties— THE KENYA GAZETTE 29th March, 2018 830 830 (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) An appointed 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. 23. Impartiality 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 favouritism, nepotism, tribalism, cronyism, religious bias or engage in corrupt or unethical practices. 24. Giving advice A State officer who has a duty to give advice shall give honest, accurate and impartial advice without fear or favour. 25. Gainful employment (1) Subject to subsection (2), a State officer who is serving on a full time basis shall not participate in any other gainful 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 the State office 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. 26. Offers of future employment (1) A State officer shall not allow himself or herself to be influenced in the performance of their 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. 27. Former State officer acting in a Government matter 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 (2) years after leaving the State office. 28. Misleading the public A State officer shall not knowingly give false or misleading information to any person. 29. Falsification of records A State officer shall not falsify any records or misrepresent information to the public. 30. Citizenship (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.) 31. Conduct of private affairs A State officer shall conduct private affairs in a manner that maintains public confidence in the integrity of the office. 32. Tax, financial and legal obligations (1) A State officer shall pay any taxes due from him or her within the prescribed period. (2) A State officer shall not neglect their financial or legal obligations. 33. Bullying (1) A State officer shall not bully any person. (2) For purposes of subsection (1), “bullying” includes repeated offensive behaviour which is vindictive, cruel, malicious or humiliating and is intended to undermine a person. 34. Acting through others (1) A State officer contravenes the Code if the officer— (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 the Code. (2) Subsection (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. Reporting improper orders (1) If a State officer considers that anything required of them 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. 36. Confidentiality A State officer shall not disclose or cause to be disclosed any information in his custody to any authorized person. 37. Implementation of the Code The Commission shall be responsible for ensuring full implementation of this Code. 38. Review The Code shall be reviewed at such intervals as the Commission may determine. 39. Breach of Code (1) Breach of this Code amounts to misconduct for which the State officer may be subjected to disciplinary proceedings including removal from office. (2) Where a breach of this Code amounts to a violation of the Constitution, the State officer may be removed from office in accordance with Article 251 of the Constitution. (3) Any person may lodge a complaint alleging a breach of this Code by a State officer. (4) A person alleging a breach of this Code, other than a breach under Article 251 of the Constitution, may submit a petition setting out the alleged violation to the Clerk of the Senate or the National Assembly. (5) The Clerk shall submit the petition under subsection (4) to the House which shall constitute a Joint Committee of Leadership and Integrity with the other House to inquire into the allegations contained in the petition in a manner prescribed by regulations. (6) At the close of inquiry, the Joint Committee shall take appropriate disciplinary action against the State officer or refer the matter to the Director of Public Prosecutions to take action against the State officer. (7) A person dissatisfied with the decision of the Joint Committee may apply for review of the Committee’s decision within fifteen days of the decision. LEADERSHIP AND INTEGRITY CODE FOR STATE OFFICERS IN THE PARLIAMENTARY SERVICE COMMISSION COMMITMENT TO THE CODE I, ……………………………………………………………holder of National ID/Passport No……………………………………….. having been appointed as Chairperson/Member of the Parliamentary Service Commission, do hereby confirm that I have read and understood this 29th March, 2018 THE KENYA GAZETTE Code and now do commit to faithfully uphold and abide by the provisions of the Code at all times. Signed……………………………… This………………………………..day of………………..20…… Before me: ………………………………………………………………………… ………………………………………………………………………… COMMISSIONER FOR OATHS/JUDGE/MAGISTRATE Dated the 27th February, 2018. J. M. NYEGENYE, Clerk, Senate, Secretary, Parliamentary Service Commission.