GAZETTE NOTICE NO. 2976

PURSUANT to section 37 of the Leadership and Integrity Act, 2012, the Kenya National Commission on Human Rights issues this Leadership and Integrity Code to be observed by and binding upon all the State Officers in the Kenya National Commission on Human Rights. The Code is intended to provide 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. PART I PRELIMINARY 1.Citation This Code may be cited as the Specific Leadership and Integrity Code for State Officers in the Kenya National Commission on Human Rights 2.Commencement This Code shall come into operation within seven days of its publication in the Gazette. 3.Interpretation In this code, unless the context otherwise requires – "Act" means the Leadership and Integrity Act, 2012; [No. 19 of 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; "Commission" means the Ethics and Anti-Corruption Commission established under section 3 of the Ethics and Anti-corruption commission Act, No. 22 of 2011; "Gazette" means the Kenya Gazette "KNCHR" means the Kenya National Commission on Human Rights established under Section 3 of the Kenya National Commission on Human Rights Act, 2011 "Office" means the Kenya National Commission on Human Rights "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 "Regulations" means the Regulations made by the Ethics and Anti-Corruption commission pursuant to section 54 of the Act; "Secretary" means the Secretary of the KNCHR appointed under the Kenya National Commission on Human Rights Act, 2011 "Serving State Officer" means a State Officer who is in office at the time of commencement of this Code "State Officer" means the Chairperson or a Member of the KNCHR and any other person who may by law be designated as a State Officer in the KNCHR or a Public Officer in the KNCHR to whom application of this Code has been extended pursuant to the provisions of section 52 of the Act, 4. Commitment to the Code (1)A State Officer appointed to the KNCHR shall sign and commit to this Code at the time of taking oath o_f office or within seven days of assuming office. (2)A serving State Officer shall sign and commit to this Code within seven days of publication of the Code in the Gazette. (3)The declaration of commitment to the Code shall take the form and structure set out in the First Schedule to this Code 5. Scope of application This Code applies to the Chairperson and Members of the KNCHR and any other person who may by law be designated as a State Officer in the KNCHR; in accordance with the provisions of Article 260 of the Constitution; or any other law, and any Public Officer in the KNCHR to whom the application of this Code has been extended as provided for in Paragraph (2). (2) In accordance with the provisions of section 52 of the Act, the application of this Code has been extended to the Secretary/Chief Executive Officer of the KNCHR appointed under the Kenya National Commission on Human Rights Act and shall apply to him/her as though he/she was a State Officer 6. Application of the Constitution of Kenya, the Leadership and Integrity Act, 2012 and the Public Officer Ethics Act, 2003 The provisions of the Constitution of Kenya, the Leadership and Integrity Act, 2012 and the Public Officer Ethics Act, 2003, in so far as they provide for standards of conduct and performance of State and Public Officers, form part of this Code PART II REQUIREMENTS 1. Adherence to Core Values A State Officer shall adhere to the core values of KNCHR. 29th April, 2016 THE KENYA GAZETTE 1889 2. Rule of Law (1)A State Officer shall respect and abide by the Constitution and the law. (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 fundamintal rights and freedom of any person unless otherwise expressly provided for in the law and unless in accordance with Article 24 of the Constitution.3. Public Trust A State Officer is in a position of public trust and the authority and responsibility vested in the State Officer shall be exercised in the best interest of the people of Kenya. 4. 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. 5. 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 office 6. 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 office; (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. 7. Financial Integrity (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 income, assets and liabilities within thirty days of assuming office to the Accounting officer of the office, and to any other office or body as prescribed by law, and thereafter make bi-annual declarations to the office, and a fmal declaration within (30) days of ceasing to be a State Officer. (4)A State Officer shall pay any taxes, loans or other debts due from him or her within the prescribed period. (5)A State Officer shall not neglect their financial or contractual obligations. (6)A declaration filed by a State Officer in accordance with the provisions of sub-paragraph (3) shall be accessible to the Commission and any other authorized person, subject to the provisions of section 30 of the Public Officer Ethics Act, 2003. 8. 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 (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 and all such other person'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 who wishes to be appointed to KNCHR shall, for the purposes of this section, submit to the Commission a self-declaration in the form set out in the First Schedule to the Act. 9. Gifts or Benefits in Kind (1) A gift or donation given to a State Officer or such other person 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-- (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 an interest that may be achieved by the carrying out or not carrying out of the State Officer's (ii)carries on regulated activities with respect to which the State Officer's organisation has a role; or (iii)has a contractual or legal relationship with the State officer's organisaticin; (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 to the office (6) The Office shall keep a register of— (a)gifts received by the State and Public Officers serving in the office; and (b)gifts given by the office to other State and Public Officers.- (7) A State ' Officer shall abide by Regulations made and publicized by the Commission regarding receipt and disposal of gifts under this sub-section. (8) The Office shall make annual returns of the entries in the registers contemplated under this part to the Commission in such manner as may be prescribed by the Commission 10. Wrongful or Unlawful Acquisition of Property 1890 THE KENYA GAZE! 1E 29th April, 2016 A State Officer shall not use the office to wrongfully or unlawfully influence the acquisition of property. 11. 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 Office or the EACC. (4) The KNCHR or the Commission 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— (a)comply with the directions; and (b)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; the State Officer or such other person'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) In this section, "personal interest" includes the interest of a spouse, child, business associate or agent or any other matter in which the State Officer has a direct or indirect pecuniary or non-pecuniary interest. (7) 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. (8) A declaration of a conflict of interest under subsection (7) shall be recorded in the minutes of that meeting. (9) The Office shall maintain an open register of conflicts of interest in the prescribed form in which an affected State Officer shall register the particulars of registerable interests, stating the nature and extent of the conflict. (10) For purposes of subsection (11), the registerable interests include the interests set out in the Second Schedule to the Act. (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) It shall be the responsibility of the State Officer to ensure that an entry of registerable interests under subsection (11) is updated and to notify KNCHR. (13) The Office shall make annual returns of the entries in the conflicts of register to the Commission in such manner as may be prescribed by the Commission 12. Participation in Tenders A State Officer shall not participate in a tender for the supply of goods or services to a public entity in which he or she is serving or is otherwise similarly associated, but the holding of shares by a State Officer in a company shall not be construed as participating in the tender of a public entity unless the State Officer has a controlling shareholding in the company The State Officer is a managing partner in a law firm providing services to the office 13. 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 the State Officers' integrity, impartiality or interferes with the Performance of the official duties. (3)Nothing in this clause shall be constructed as prohibiting a State Officer from making voluntary contribution towards a private cause. 14. 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 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 subsections (I) and (2), a serving State Officer who at the commencement of this Code, operates a bank account outside Kenya shall close the account within three months; 15. Acting for Foreigners (1)A State Officer shall not be an agent of, or further the interests of a foreign government, organisation 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 organisation is a foreign organization if it is established outside Kenya or is owned or controlled by a foreign government, organisation or individual. 16. 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 their official work. (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 or such other person who contravenes subsection (2) or (3) shall, in addition to any other penalties provided for under the Constitution, this Code, Act or any other law be personally liable for any loss or damage to the public property. 17. 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 18. Political Neutrality (1) A State Officer shall not, in the performance of their duties- 29th April, 2016 THE KENYA GAZETTE 1891 (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)A 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. (3)Without prejudice to the generality of subsection (2) a State Officer shall not— (a)engage in the activities of any political party or candidate or act as an agent of a political party or a candidate in an election; (b)Publicly indicate support for or opposition against any political party or candidate participating in an election. 19. 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 practise favouritism, nepotism, tribalism, cronyism, preferential treatment, religious bias or engage in corrupt or unethical practices. 20. Giving Advice A State Officer who has a duty to give advice shall give honest, accurate and impartial advice without fear or favour. 21. 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 in terms of Section 14. 22. 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 office all offers of future employment or benefits that could place the commissioner in a situation of conflict of interest. 23. A former State Officer shall not be engaged by or act for a person or entity in a matter in which he/she was originally engaged in as a State officer, for at least two years after leaving the State office. 24. Misleading the Public A State Officer shall not knowingly give false or misleading information to any person. 25. Falsification of Records A State Officer shall not falsify any records or misrepresent information to the public. 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. 27. Legal Obligations (1)A State Officer shall not neglect their legal obligations. 28. 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. 29. Acting through Others (1) A State officer contravenes the Code if the State 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 (1Xb) 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 personally responsible for his or her actions. 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 commissioner shall report the matter to the Commission. (2)The EACC shall investigate the report and take appropriate action within ninety days of receiving the report. 31. Duty to prevent Occurrence of corruption or unethical practice in the office A State Officer who believes or has reason to believe corrupt act or unethical malpractice has occurred or is about to occur in the office shall take all necessary measures to prevent it from continuing or materializing in addition to any other appropriate action. 32. Dress code A State Officer shall maintain appropriate standard of dress and personal hygiene at all times. PART III PART III — ENFORCEMENT OF THE CODE 33. (1) any person may lodge a complaint alleging a breach of this code by a State Officer to, in relation to the Secretary, the Office or the Commission; and in relation to the Chairperson or Member of KNCHR to the commission; (2) Breach of this Code amounts to misconduct for which the State Officer may be subjected to disciplinary proceedings; (3) Where a Breach of this code amounts to violation of the Constitution, the State Officer may be removed from the office in accordance with the applicable laws. (4) Where an allegation of breach is made to the Office, the Office shall register and carry out investigations into the complaint, and may take action against the State Officer in accordance with the Kenya National Commission on Human Rights Act, 2011 the Leadership and Integrity Act, 2012 and any Regulations made by the Commission under the Act; (5) If upon investigation into the alleged breach of the Code, the Office is of the opinion that civil or criminal proceedings out to be preferred against the respective State Officer, it shall refer the matter to (a)The Commission, with respect to matters that fall within its mandate; and (b)The director of Public Prosecutions with respect to criminal matters that do not fall within the mandate of the Commission. (6) The Commission may, subject to the law, take any action it deems appropriate in relation to any breach of the Code or require the • Office to take any action against a State Officer who has breached the Code. PART IV GENERAL PROVISIONS 34. Advisory opinion A State Officer or the office may request the Commission to give an advisory opinion on any issue relating to, but not limited to— The application of Chapter Six of the Constitution The application of the Act or any other applicable law or regulations dealing with the ethics and integrity of State Officers; The application of the Public Officer Ethics Act, 2003, or any other law or regulations dealing with the ethics and integrity of public officers; The application of this Code; An ethical dilemma; or Any other matter incidental to the promotion of the ethics and integrity of State Officers and public officers generally. 35.Training on Leadership and Integrity The office shall collaborate with the Commission to ensure that the State Officerss and public officers serving in the Office are sentitized on leadership and intergrity issue at least once a year. 36.Personal responsibility for compliance Each State Officer shall take personal responsibility or compliance with the provisions of this Code 37.Annual Report The Office shall cause to be prepared and submitted to the Commission an Annual Report on the progress made in implementation and enforcement of the Code in such manner as may be prescribed by the Commission. 38.Amendment of the Code The Office may with approval of the Commission amend this Code. FIRST SCHEDULE COMMITMENT TO THE LEADERSHIP AND INTEGRITY CODE FOR STATE OFFICERS IN THE KENYA NATIONAL COMMISSION ON HUMAN RIGHTS I holder of National ID/Passport No and Post Office Box No. having been appointed as Chairperson/ Member/ Secretary of the Kenya National Commission on Human Rights do hereby confirm that I have read and understood the Leadership and Integrity Code State Officers in the KNCHR and hereby solemnly declare and commit myself to abide by the provisions of the Code at all times. SIGNED at By the said ) Deponent This day of 20 ) Before Me Judge/ Magistrate/ Commissioner for Oaths PRESCRIBED for the State Officers in the Kenya National Commission on Human Rights in accordance with the provisions of section 37 of the Leadership and Integrity Act, 2012. At this day of 20 Chairperson Kenya National Commission on Human Rights Dated the 14th December, 2015. PATRICIA NYAKUNDI, MR/9327266 Secretary to the Commission. GAzE, I I E NOTICE No. 2977 THE LABOUR RELATIONS ACT (No. 14 of 2007) AMENDMENT OF THE CONSTITUTION AND RULES OF UNION NOTICE is given to all members of Agricultural Employers Association pursuant to section 27 (4) of the Labour Relations Act, that a notice of change of the constitution of the association has been received. Any person or member intending to raise any objection against the amendment of the constitution of the association is required to submit in writing any objections against the amendment of the constitution of the association within twenty one (21) days from the date hereof. The amendments are open for scrutiny from the undersigned's offices during working hours. E. N. GICHEHA,. MR/9327089 Registrar of Trade Unions.