GAZETTE NOTICE NO. 1952

PURSUANT to sections 37 and 38 of the Leadership and Integrity Act, the Judicial Service Commission establishes this Leadership and Integrity Code to be observed by and binding upon members of the Judicial Service Commission, with effect from the 19th February, 2025. STATEMENT OF INTENT A Leadership and Integrity Code for member of the Judicial Service Commission made pursuant to the provisions of sections 37 and 38 of the Leadership and Integrity Act, (Cap. 185 (C)) and to give effect to Judicial Service Act (Cap. 8A) and Chapter Six of the Constitution of Kenya. Preamble A Code for Members of the Judicial Service Commission pursuant to sections 37 and 38 of the Leadership and Integrity Act, Cap 185C, Judicial Service Act (Cap. 8A) and Chapter Six of the Constitution of Kenya. The Code establishes standards of integrity and ethical conduct in the leadership of the Commission by ensuring that the members adhere to the values, principles, and requirements of the Constitution in the discharge of their duties. The Judicial Service Commission is an independent Commission established under Article 171 of the Constitution. Article 172 of the Constitution mandates the Commission to promote and facilitate an independent and accountable Judiciary to ensure an efficient, effective, and transparent administration of justice. The establishment and mandate of the Commission is further operationalized under the Judicial Service Act, (Cap. 8A). The Act inter alia makes provision for judicial services and administration of the Judiciary and further provisions with respect to the membership and structure of the Judicial Service Commission. PART I—PRELIMINARY Citation 1. This Code may be cited as the Leadership and Integrity Code for members of the Judicial Service Commission. Interpretation 2. In this Code, unless the context otherwise requires – “Act” means the Leadership and Integrity Act, 2012; “Accounting Officer” has the meaning and role assigned under the Public Finance Management Act, 2012; 21st February, 2025 THE KENYA GAZETTE “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of, or in the name designated by, a customer of the bank or other financial institution and into which money is paid or withdrawn by or for the benefit of that customer or held in trust for that customer and in which the transactions between the customer and the bank or other financial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 Member and has express or implied authority from that Member; “Code” means the Leadership and Integrity Code for the Judicial Service Commission; “Commission” means the Judicial Service Commission established under Article 171 of the Constitution; “General Code” means the Code prescribed under Part II of the Act; “Member” means Members as provided under Article 171 (2) of the Constitution; “Member’s family” includes a Member's spouse(s) and/or child(ren). “Personal interest” means a matter in which a member has a direct or indirect pecuniary or non-pecuniary interest and includes the interest of his/her spouse, child, business associate or agent; “Regulations” means the Regulations made by the Commission pursuant to section 54 of the Leadership and Integrity Act, 2012; “Spouse” means a wife or husband; General Principles 3. (1) Integrity: The Commission will always act with dignity and honesty, bound by honour without compromising the truth. It will strive towards internal unity and cohesion, be sound and robust in all operations and maintain internal consistency and zero tolerance to corruption. (2) Transparency: The Commission will strive for clarity, precision, and truthfulness in all information provided to all stakeholders; thus, the information provided will be accurate, not judgmental, and based on evidence and common sense. (3) Accountability: The Commission shall be open and honest in executing its mandate and assume responsibility for its decisions. Professionalism: The Commission will exhibit the highest competence, efficiency, and excellence in executing its mandate. (4) Professionalism: The Commission will exhibit the highest competence, efficiency and excellence in executing its mandate. (5) Inclusiveness: The Commission is committed to ensuring the composition of human resources of the Commission and the Judiciary represent the social and cultural diversity of Kenya in terms of gender, geographical regions, age, and special interest groups. (6) Responsiveness: JSC’s ultimate obligation is to the Constitution and the citizens of Kenya. The focus will be on quality and timely service to meet expectations and preferences. The Commission will be responsive to any changes in the external environment and act accordingly. Application of Code 4. This Code applies to members of the Commission. PART II—REQUIREMENTS Rule of Law 5. (1) A Member shall adhere and abide by the Constitution and the law; (2) A Member shall carry out the duties of his/ her office in accordance with the law. (3) In carrying out the duties of his/her office, a Member shall adhere to the tenets of the Constitution and the law. Public Trust 6. The authority and responsibility vested to a member is a public trust and shall be exercised in the best interest of the Commission and the people of Kenya. Responsibility and Duties 7. Subject to the Constitution and any other law, a Member shall take personal responsibility for the reasonably foreseeable consequences of any actions or omissions arising from the discharge of the duties of their office. Performance of Duties 8. A Member shall, to the best of their ability — (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. (d) report truthfully on all matters of the Commission. Professionalism 9. A Member shall — (a) carry out the duties of their 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 Commission. (d) if the Member 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 Probity 10. (1) A Member shall not use his or her office to unlawfully or wrongfully enrich himself or herself or any other person: (2) Subject to Article 76 (2) (b) of the Constitution, a Member shall not accept a personal loan or benefit which may compromise the Member in carrying out his or her duties; (3) A Member shall submit an initial declaration of income, assets and liabilities within thirty days of assuming office to the Accounting Officer of the Commission and thereafter biennially and 30 days after exiting the Commission; (4) A Member shall pay any taxes due from him or her within the prescribed period; (5) A Member shall not neglect their financial or legal obligations. Moral and Ethical Requirements 11. A Member 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 present 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, staff of the Commission or any other person; (h) not engage in actions which would lead to the Member’s removal from the membership of a professional body in accordance with the law; THE KENYA GAZETTE 21st February, 2025 (i) not neglect family or parental obligations as provided for under any law; and (j) not engage in any misconduct. Gifts or Benefits in Kind 12. (1) A gift or donation given to a Member on a public or official occasion shall be treated as a gift or donation to the Commission. 2. Notwithstanding subsection (1), a member may receive a gift given to the Member 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 does not exceed an amount prescribed by the Regulations under the Act or any other law. 3. A Member shall not — (a) accept or solicit gifts, hospitality or other benefits from a person who; (i) is under investigation; (ii) has a contractual relationship with the Commission; (iii) has any interest that is directly or indirectly connected with the member’s duties; (b) 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) Subject to section 13 (2), a Member who receives a gift or donation shall declare the gift or donation to the Commission within fourteen days of receipt of the gift. (5) The Commission shall maintain a register of all gifts received by Members as provided for in the regulations. Wrongful or Unlawful Acquisition of Property 13. A Member shall not use the office to wrongfully or unlawfully acquire or influence the acquisition of property. Conflict of Interest 14. (1) A Member shall use the best efforts to avoid being in a situation where his or her personal interest conflict or appear to conflict with the Member’s official duties. (2) Without limiting the generality of subsection (1), a Member 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 Member’s personal interests and the Member’s official duties. (3) A Member whose personal interest conflicts with their official duties shall declare the personal interest to the Commission. (4) The Commission may give directions on the appropriate action to be taken by the Member to avoid the conflict of interest and the Member shall comply with the directions; and refrain from participating in any deliberations with respect to the matter. Any direction issued by the Commission under this subsection shall be in writing. (5) Notwithstanding any directions to the contrary under subsection (4), a Member shall not award or influence the award of a contract to— (a) himself or herself; (b) Member’s family; (c) a business associate or agent; or (d) a corporation, private company, partnership or other body in which the Member has a substantial or controlling interest. (6) Where a Member is present at a meeting, and an issue which is likely to result in a conflict of interest is to be discussed, the Member 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) The Commission shall maintain a register of conflicts of interest in the prescribed form in which an affected Member shall register the particulars of the registrable interest, stating the nature and extent of the conflict. (9) For purposes of subsection (8), the registrable interest shall include— (a) the interests set out in the Second Schedule of the Act; (b) any connection with a person or a company, whether by relation, friendship, holding of any interest that is directly or indirectly connected with the Member’s duties; (c) receive a gift which has the potential of compromising his or her integrity, objectivity or impartiality; or (d) accept any type of gift expressly prohibited under the Act. (e) Any other matter which, in the opinion of the Member, taking into account the circumstances thereof, is necessary for registration as a conflict of interest. (10) The Commission shall keep the register of conflicts of interest for a period of five years after the last entry in each volume of the register; (11) The Commission shall prepare a report of the registered conflict of interest within thirty days after the close of a financial year; (12) A Member shall ensure that an entry of registrable interest under subsection (7) is updated and to notify the Commission of any changes in the registrable interest, within one month of each change occurring. Participation in Tenders Invited by the Commission 15. (1) A Member shall not participate in a tender for the supply of goods or services to the Commission. (2) Notwithstanding subsection (1), a company or entity associated with a Member shall not be construed as trading with the Commission unless— (a) The Member has a controlling shareholding in the company or entity; or (b) The Member is a Director of the Company. Public Collections 16. (1) A Member shall not solicit for contributions from the Commission 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 Member shall not participate in a public collection of funds in a way that reflects adversely on that Member’s integrity, impartiality or interferes with the performance of the official duties; (3) Subject to subsection (2), a member may, with the approval of the Commission, participate in a public collection involving a private cause; (4) Nothing in this clause shall be constructed as prohibiting a Member from making voluntary contribution. Bank Accounts Outside Kenya 17. (1) Subject to Article 76 (2) of the Constitution or any other written law, a Member shall not open or continue to operate a bank account outside Kenya without the approval of the Commission; (2) A Member who has reasonable grounds for opening or operating a bank account outside Kenya shall apply to the Commission for approval to open or operate a bank account. (3) A Member 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. 21st February, 2025 THE KENYA GAZETTE (4) Subject to subsections (1) and (2), a person who is appointed as a Member in the Commission and has a bank account outside Kenya shall, upon such appointment, close the bank account within six months. (5) Subject to subsection (4), a Member may open or continue to operate a bank account outside Kenya as may be authorized by the Commission in writing. Acting for Foreigners 18. (1) A Member 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 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 19. (1) A Member shall take all reasonable steps to ensure that public property in the Member’s custody, possession or control is taken care of and is in good repair and condition. (2) A Member 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 Member. (3) A Member shall return to the Commission all the public property in their custody, possession or control at the end of the appointment term. (4) A Member 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. Misuse of Official Information 20. (1) A Member shall not directly or indirectly use or allow any person under the Member’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 Member shall not be deemed to have violated the requirements of subsection (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; (c) in compliance with Article 35 of the Constitution and the relevant law. Political Activity 21. (1) A Member shall not, in the performance of his /her duties— (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) 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 22. A Member 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. Giving of Advice 23. A Member who has a duty to give advice shall give honest, accurate and impartial advice without fear or favour. Offers of Future Employment 24. (1) A Member 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 Member shall disclose, in writing, to the Commission, all offers of future employment or benefits that could place the Member in a situation of conflict of interest. Engagement of Former Member of the Commission 25. A former Member shall not be engaged by the Commission in a matter in which the Member was originally involved in as a Member, for at least two years after leaving the Commission. Misleading the Public 26. A Member shall not, knowingly give false or misleading information to any person. Falsification of Records 27. A Member shall not falsify any records or misrepresent information to the public. Conduct of Private Affairs 28. A Member shall conduct their private affairs in a manner that maintains public confidence in the integrity of the office. Bullying 29. (1) A Member shall not bully another Member, staff or any other person. (2) For purposes of subsection (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 30. (1) A Member 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 Member; 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) Subsection (1) (b) shall not apply where anything is done without the Member’s knowledge or consent or if the Member has taken reasonable steps to prevent it. (3) A Member who acts under an unlawful direction shall be responsible for his or her actions. Reporting Improper Orders 31. (1) If a Member considers that anything required of them is in contravention of the Code or is otherwise improper or unethical, the Member shall report the matter to Parliament; (2) Parliament shall investigate the matter and take appropriate action within ninety days of receiving the report. Confidentiality 32. (1) Pursuant to section 43 of the Judicial Service Act, a Member shall not, without the consent in writing given by, or on behalf of, the Commission, publish or disclose to any person otherwise than in the cause of the Member’s duties the contents of any document, communication, or information which relates to, and which has come to the member’s knowledge in the cause of the member’s duties. (2) Such respect for confidentiality shall continue after they cease to be members of the Commission. (3) The limitation on disclosure shall not however be construed to prevent the disclosure of criminal activity by a member of the Commission. THE KENYA GAZETTE 21st February, 2025 Duty to Prevent Occurrence of Corruption or Unethical Practice in the Commission 33. A Member who believes or has reason to believe that a corrupt act or unethical malpractice has occurred or is about to occur in the Commission shall take all necessary measures to prevent it from continuing or materializing in addition to any other appropriate action. Promotion of Ethics, Integrity, and Best Practices in the Commission 34. Members in the Commission shall collectively and individually take measures to ensure that staff of the Commission uphold and practice the highest attainable degree of integrity in the performance of their duties. Breach of Code 35. Any person may lodge a complaint against a member to the National Assembly alleging a breach of this Code that amounts to a violation of the Constitution. Member to Sign Code 36. (1) A Member appointed to the Commission shall sign and commit to this Code at the time of taking oath of office or within seven (7) days of assuming office. (2) A serving Member shall sign and commit to this code within seven (7) days after gazettement of the Code. Implementation of the Code 37. Each Member shall take personal responsibility for compliance with the provisions of this Code. Monitoring and Evaluation 38. This Code will be monitored and evaluated to assess whether it is achieving its intended objective and identify any necessary corrective actions. Review 39. The Code shall be reviewed within a period of three years or at such intervals as the Commission may determine. SCHEDULE COMMITMENT TO THE LEADERSHIP AND INTEGRITY CODE FOR MEMBERS OF THE JUDICIAL SERVICE COMMISSION I, __________________________________________ holder of National ID/ Passport No.________________ having been appointed as a ____________________________________ of the Judicial Service Commission, do hereby confirm that I have read and understood this Code and hereby solemnly declare and commit faithfully to abide by the provisions of this Code at all times. SWORN AT ___________________ ) By the said ) _________________________ ) ) ) This …………………. day of …………………20 ) ) BEFORE ME ) ) ) COMMISSIONER FOR OATH/MAGISTRATE ) Dated the 19th February, 2025. MARTHA K. KOOME, Chairperson, Judicial Service Commission.