GAZETTE NOTICE NO. 606

in accordance with the law. (c)in carrying out the duties of the office, 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. 4.2 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 4.3 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. 4.4 Performance of Duties A State officer shall, to the best of his 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 rel.('- the functions of the office; and (d)report truthfully on all matters of the organization which they represent. 4.5 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 and other 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 or this Act. 4.6 Financial Probity (a)A State officer shall not use the office to unlawfully or wrongfully enrich himself or herself or any other person. (b)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 duties. (c)A state officer shall declare his income ,asset and liabilities on appointment, biennially and upon exit from service. 4.7 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 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 discriminate against any person, except as expressly provided for under the law; (g)not falsify any records; (h)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 (i)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 wishing to be appointed as a State Officer to the Commission shall submit to the EACC a self – declaration form set out in the First Schedule to the Act. 4.8 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 State. (2)Notwithstanding subsection (1), a State officer may receive a gift given to the State officer in an official capacity, provided that- 5th February, 2016 THE KENYA GAZETTE 223 (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 EACC 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 an interest that may be achieved by the carrying out or not carrying out of the State officer's duties; (ii)carries on regulated activities with respect to which the Commission has a role; or (iii)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 EACC 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 EACC and the Commission. (6) The Commission shall keep a register of— (a)gifts received by a State officer serving in the Commission; and (b)gifts given by the Commission to other State officers. 4.9 Wrongful or Unlawful Acquisition of Property. A State officer shall not use the office to wrongfully or unlawfully influence the acquisition of property. 4.10 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 or EACC. (4) The Commission or EACC may give direction 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) 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)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, where 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)The Commission shall maintain a 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. (9)For purposes of subsection (8), the registrable interests include the interests set out in the Second Schedule. (10)The Commission shall keep the register of conflicts of interest for five years after the last entry in each volume of the register. (11)It shall be the responsibility of the State officer to ensure that an entry of registrable interests under subsection (7) is updated and to notify the Commission or the EACC of any changes in the registrable interests, within one month of each change occurring. 4.11 Participation in Tenders (1)A State officer 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 the state officer shall not be construed as trading with the Commission unless the State officer has a controlling shareholding in the company. 4.12 Public Collections (1)A State officer shall not solicit for contributions from the public for a publc purpose unless the President has, by notice in the Gazette, declare a national disaster and allowed a public collection ci for the purpose o the national disaster in accordance with the law. (2)A Stateficer shall not participate in a public collection of funds in a way tt at reflects adversely on that State officer's integrity, impartiality or in rferes with the performance of the official duties. 4.13 Bank Accounts outside Kenya (1) The Ethics and Anti-Corruption Commission is the Commission dated to grant approval for operation of bank accounts outs nya Article 76(2) of the Constitution or any other written r shall not open or continue to operate a bank nya without the approval of the EACC. cer who has reasonable grounds for opening or count outside Kenya shall apply to the EACC for operate a bank account. r who operates or controls the operation of a bank a shall submit statements of the account annually all authorize the EACC to verify the statements vant information from the foreign financial account is held. (5) Sub' sections (1) and (2), a state officer who is appointed to ission and has a bank account outside Kenya shall close the account within six months. 4.14 Acting for Foreigners (1)A State officer shall not be an agent of, or further the interests of a foreign govemment, 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 govemment, organization or individual. 4.15 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. (2) Subject law, a State account outsi (3)A Sta operating a b approval to o (4)A Stati account outs* to the EACC:4I and any o institution in (3)A State officer shall return to the issuing authority all the public property in their custody, possession or control at the end of the appointment. (4)A State officer who contravenes subsection (2) or (3) shall, in addition to any other penalties provided for under the Constitution, this Act or any other law be personally liable for any loss or damage to the public property. 4.16 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 (I), shall not apply where the information is to be used for the purposes of — (a)furthering the interests of this Act; or (b)educational, research, literary, scientific or other purposes not prohibited by law. 4.17 Political Neutrality (1) An appointed State officer shall not, in the performance of their 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) 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. 4.18 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 favoritism, nepotism, tribalism, cronyism, religious bias or engage in cornip, or unethical practices. 4.19 Giving Advice A State officer who has a duty to give advice shall give honest, accurate and impartial advice without fear or favour. 4.20 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. 4.21 Offers of Future Employment (1)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 and the EACC, all offers of future employment or benefits that could place the State officer in a situation of conflict of interest. 4.22 Former State Officer Acting in a Government or Public Entity 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 years after leaving the Commission. 4.23 Misleading the Public A State officer shall not knowingly give false or misleading information to any person. 4.24 Falsification of Records A State officer shall not falsify any records or misrepresent information to the public. 4.25 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 State officer who holds dual citizenship shall, upon appointment to the Commission, not take office before officially renouncing his other citizenship in accordance with the provisions of the Kenya Citizenship and Immigration Act, 2011. 4.26 Conduct of Private Affairs A State officer shall conduct private affairs in a manner that maintains public confidence in the integrity of the office. 4.27 Tax, Financial and Legal Obligations A State officer shall — (a)pay any taxes due from him or her within the prescribed period. (b)not neglect their financial or legal obligations. 4.28 Bullying (1)A State officer shall not bully any person. (2)For purposes of subsection (1), "bullying" includes repeated offensive behavior which is vindictive, cruel, malicious or humiliating and is intended to undermine a person. 4.29 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. 4.30 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 EACC. (2)EACC shall investigate the report and take appropriate action within ninety days of receiving the report. 4.31 Confidentiality A state officer shall not — (a)except with the authority of the Commission or with other lawful excuse disclose the details of any matters under investigation by the Commission, including the identity of lands and persons being investigated. (b)at all times during service and thereafter disclose to unauthorized persons any matter that has come to his/her knowledge by virtue of employment, unless the information has already been made public. 4.32 Dress Code A state officer shall maintain an appropriate standard of dress and personal hygiene at all times. 4.33 Breach of the Code (1)Breach of this Code amounts to misconduct for which the State officer may be subjected to disciplinary proceedings. (2)Where an allegation of breach of the Code has been made against a State officer in respect of whom the Constitution or any other law provides the procedure for removal or dismissal, the question of 5th February, 2016 THE KENYA GAZETTE 225 removal or dismissal shall be determined in accordance with the Constitution or that other law. (3)Where a breach of this code amounts to violation of the constitution, the State Officer may be removed from office in accordance with Article 95(5) (a) and or 251 of the Constitution. (4)A person alleging the a beach of this cod, other than a breach under Article 251 of the Constitution, may submit a petition setting out the alleged violation to the Cabinet Secretary. (5)The Cabinet Secretary shall submit the petition under sub section (4) to the President who shall constitute an independent Review Panel to inquire into the allegations contained in the petition in accordance with section 51 of the Act. (6)At the close of the inquiry, the Independent Review Panel shall take appropriate disciplinary action against the State Officer or where it doesn't have power to take action or refer the matter to appropriate body or person who is vested with such power to take action against the State Officer. (7)A person dissatisfied with the decision of the Independent Review Panel may apply for review of Panel's decisions within 15 days of the decision. 4.34 -Implementation of the Code Each state Officer shall take responsibility for compliance with the provision of this code. 4.35 Review of the code The code may, from time to time and with approval of the commission, be reviewed. FORM J (r.1• (2)) COMMITMENT TO SPECIFIC LEADERSHIP AND INTEGRITY CODE I confirm that I have read and understood the Specific Leadership and Integrity Code for National Land Commiision and hereby commit to abide by provisions of the Code. Sworn at } By the said } Deponent This ... day of 20 } Before Me} } Commissioner for Oaths/Magistrate } MOHAMMAD SWAZURI, CHAVANGI AZIZ TOM, Chairman. Secretary/CEO. MR/8406474