GAZETTE NOTICE NO. 605

PURSUANT to section 37 of the Leadership and Integrity Act, 2012, the Ministry of Agriculture, Livestock and Fisheries issues the Specific Leadership and Integrity Code of Conduct set out in the Schedule hereto, to be observed by and binding upon State officers of the Ministry of Agriculture, Livestock and Fisheries. CODE OF CONDUCT THE SPECIFIC LEADERSHIP AND INTEGRITY CODE OF CONDUCT FOR STATE OFFICERS IN THE MINISTRY OF AGRICULTURE, LIVESTOCK AND FISHERIES PART I—STATEMENT OF INTENT 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 officers in the entity. The Code is intended to establish standards of integrity and ethical conduct in the leadership of the Ministry by ensuring that the State officers respect the values, principles and requirements of the Constitution in the discharge of their duties. PART II—PRELIMINARY PROVISIONS 1.This Code may be cited as the Specific Leadership and Integrity Code for State officers in the Ministry of Agriculture, Livestock and Fisheries. 2.In this Code, unless the context otherwise requires — "Act" means the Leadership and Integrity Act, 2012; "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; "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to agriculture, livestock and fisheries; "Code" means the Specific Leadership and Integrity Code of Conduct for the Ministry of Agriculture Livestock and Fisheries; "Commission" means the Ethics and Anti-Corruption Commission established under the Ethics and Anti-Corruption Commission Act, 2011; "General Code" means the Code prescribed under Part II of the Act; "Ministry" means the Ministry for the time being responsible for matters relating to Agriculture, Livestock and Fisheries; "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 54 of the Act; "Spouse" has the meaning assigned to it under section 2 of the Act; "State officer" means the Cabinet Secretary, or the Principal Secretary in the Ministry of Agriculture, Livestock and Fisheries. 3.This Code applies to State officers in the Ministry of Agriculture, Livestock and Fisheries. 4.(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, 2003, shall form part of this Code in so far as they conform to the provisions of the Act. 5.(1) A State officer appointed to the Ministry shall sign and commit to this Code at the time of appointment within two (2) weeks of assuming office. (2)A serving State officer shall sign and commit to this code seven (7) days after gazettemnt of the Code. (3)The declaration of commitment to the Code shall take the form and structure set out in Appendix Ito this Schedule. 5th February, 2016 THE KENYA GAZETTE 219 (4)A breach of this Code by the State officer amounts to misconduct for which the officer may be subjected to disciplinary proceedings leading to removal or dismissal. (5)The disciplinary proceedings shall be determined in accordance with the Constitution or that law that provides the procedure for removal or dismissal. PART II—REQUIREMENTS 6. (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. 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. 8. Subject 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. 9. (1) A State officer shall, to the best of his or her 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; and (d)report truthfully on all matters of the office . 10. 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)not discriminate against any person, except as is expressly provided by law; (d)to the extent appropriate to the office, maintain high standards of performance and level of professionalism within the Ministry; 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, 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. (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 declaration of assets and liabilities within thirty (30) days of assuming office in the Ministry and thereafter bi-annually. (4)A State officer shall not evade paying taxes or neglect his or her financial obligations. 12. (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 affairs subject to the public Officer Ethics Act, 2003; (b)not to engage in activities that amount to abuse of office; (c)accurately and honestly represent information to the public; (d)1101 engage in wrongful conduct in furtherance of personal bandit', (a) 1101fflitilllia public resources; (1) fifilfalsify any records; (1) 1101 diNfilltinate against any person, except as expressly pravidad for Under the law; 1181 SHIMS 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 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. 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 Ministry. (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 a value stipulated in the Regulations 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; (ii)has a contractual relationship with the Ministry; (iii)has any interest that is directly or indirectly connected with the State officer'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) A State officer who receives a gift or donation shall declare the gift or donation to the Ministry within fourteen (14) days of receipt of the gift. (5) The declaration of the gift or donation under subparagraph (4) shall take the form and structure set out in Appendix II to this Schedule. 14. A State officer shall not use the office to wrongfully or unlawfully acquire or influence the acquisition of property. 15. (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 interests conflict with their official duties shall declare the personal interests to the Ministry in the form and structure set out in Appendix III to this Schedule.. (4) The Ministry 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 Ministry 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 State 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 Ministry 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, which is subject of an investigation by the Commission; (c)any application for employment or other form of engagement with the Ministry, 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 Ministry, 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 Ministry shall keep the register of conflicts of interest for five years after the last entry in each volume of the register. (12) The Ministry shall prepare a report of the registered interests within thirty (30) days after the close of a financial year. (13) A State officer shall ensure that an entry of registrable interests under suparagraph (9) is updated and to notify the Commission of any changes in the registrable interests, within one month of each change occurring. 17. (1) A State officer shall not participate in a tender for the supply of goods or services to the Ministry. (2) Notwithstanding subparagraph (1), a company or entity associated with the State officer shall not be construed as trading with the Ministry, 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. 18. (1) A State officer shall not solicit for contributions from the Ministry 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. 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 bank account outside Kenya without the approval of the Commission. (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 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), a person who is appointed as a State officer in the Ministry and has a bank account outside Kenya shall, upon such appointment, close the bank account within six (6) months. (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. 20. (1) A State officer shall not be an agent of, or further the interests of a. foreign government, organization or individual iii 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 paragraph — (a) an individual is a foreigner if the individual is not a citizen of Kenya; and (h) an organization is foreign if it is established outside Kenya or is owned or controlled by a foreign government, organization or individual. 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 Ministry 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. 22. (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) A State officer shall not be deemed to have violated the requirements of subparagraph (1), if the information is to be used for the purposes of — (a)furthering the interests of the Act; (b)educational, research, literary, scientific or other purposes not prohibited by law. 23. A State officer, other than a Cabinet Secretary, shall not, in the performance of his or 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. 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)(b) and 232 of the Constitution and shall not practice favouritism, nepotism, tribalism, cronyism, religious bias or engage in corrupt or unethical practices. 25. A State officer who has a duty to give advice shall give honest, accurate and impartial advice without fear or favour. 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 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. 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 Ministry and Commission, all offers of future employment or benefits that could place the State officer in a situation of conflict of interest. 28. A former State officer shall not be engaged by the Ministry in a matter in which the State officer was originally engaged in as a State officer, for at least two years after leaving the Ministry. 29. A State officer shall not knowingly give false or misleading information to any person. 30. A State officer shall not falsify any records or misrepresent information to the public. 31. A State onkel shall conduct their private affairs in a manner that maintains public confidence in the integrity of the office. 32. ( I ) A State officer shall not bully another State officer, a member of staff 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. Sworn at By the said Deponent 5th February, 2016 THE KENYA GAZETTE 221 33. (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. APPENDIX: 1 FORM L (r.35 (1)) COMMITMENT TO THE GENERAL LEADERSHIP AND INTEGRITY CODE (where the public entity has not developed a specific code) confirm that I have read and understood the Leadership and Integrity Act, No. 19 of 2012 and commit to abide by the General Leadership and Integrity Code as set out under Part II of the Act. (3) A State officer who acts under an unlawful direction shall be responsible for his or her actions. 34. (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 (90) days of receiving the report. 35. 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. 36. 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 Ministry shall take all necessary measures to prevent it from continuing or materializing in addition to any other appropriate action. 37. State officers in the Ministry shall collectively and individually take measures to ensure that staff of the Office uphold and practice the highest attainable degree of integrity in the performance of their duties. 38. A State officer shall maintain appropriate standard of dress and personal hygiene at all times. PART III—ENFORCEMENT OF THE CODE 39. The Cabinet Secretary shall be responsible for ensuring full implementation of this Code. 40. (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 Articles 132(2) (a) or 132(2)(d) of the Constitution. (4) A person alleging a breach of this Code may submit a petition setting out the grounds and facts of the alleged violation, to the Commission, in case the allegation is against the Cabinet Secretary, and to the Cabinet Secretary, in case the allegation is made against any other State officer in the Ministry, in respect of whom this Code applies. (5) Upon receipt of the complaint, the Commission or the Cabinet Secretary, shall register and carry out investigations into the complaint, in accordance with the provisions of section 42 of the Act. (6) Subject to the constitutional, the Act or any other written law, a State Officer who is under investigations for the breach of the Code shall be suspended from office until such investigations are completed. (7) If upon investigation into the alleged breach of the Code, the Commission or the Cabinet Secretary is of the opinion that civil or criminal proceedings ought to be preferred against the respective State officer, it shall refer the matter to— (a)the Commission, in case of the Cabinet Secretary with respect to civil matters, (b)the Director of Public Prosecutions, with respect to criminal matters; or (c)any other appropriate authority. (8) Once a reference has been made in accordance with paragraph (7) of this Code, the entity to whom the matter is referred shall dispose of the same in accordance with the relevant provisions of the Act. 41. This Code may be reviewed at such intervals as the Ministry may determine or as may be advised by the commission from time to time. this day of 20 Before Me Commissioner for Oaths/Magistrate FORM J (r.35 (2)) COMMITMENT TO SPECIFIC LEADERSHIP AND INTEGRITY CODE (Where the public entity has not developed a specific code) I confirm that I have read and understood the Specific Leadership and Integrity Code for (name of public entity)and hereby commit to abide by the provisions of the Code. Sworn at } By the said } Deponent This day of 20 } Before Me } } Commissioner for Oaths/Magistrate WILLY BETT, Cabinet Secretary for Agriculture, Livestock and Fisheries.