GAZETTE NOTICE NO. 3919

it is notified to the information of the members of the County Assembly of Kitui and the general pblic that the County Assembly of Kitui shall continue to hold her sittings at the Kenya Forestry Research Institute Offices (Kitui Regional Office) in'Kitui Torvnship to pave way for the completion of the renovation of Kitui County Assembly Chambers after which the County Assembly shall resume her sittings at the new Kitui County dssembly Chambers from 3lst January,2017. Thus the County Assembly business continues to be transacted at the Kenya Forestry Research Institute Offices (Kitui Regional Office). MR/9620556 GEORGE M. NDOTTO. Speaker, Kitui County Assembly GAzErrE NcflcE No. 5888 . . THELEADERSHIPANDINTEGRITYACT (No.19 of2012) COUNTY ASSEMBLY OF HOMA BAY LEADERSHIP AND INTEGRITY CODE FOR STATE OFFICERS IN 'I'HE CoUT{TY ASSEMBLY oF HoMA BAY PURSUANT to section 37 of the lradershrp and lntegflty Act, 2012 tlrc County Assembly of Homa Bay estabhshes thrs lradership and Integrity Code to be observed by and binding upon State Officers in the County Assembly. PART I-STATEMENT OF INTENT A Leadership and Integrity Code for State Officers in the County Assembly of Homa Bay made pursuant to the provisions of section 37 of the kadershrp and Integrity Act, 2Ol2 and to give effect to Chapter Srx of the Constitution of Kenya. The Code is intended to establish standards of integrity and ethrcal conduct in the leadership and management of public affairs of the County Assembly by ensuring that the State Officers respect the values, principles and provisions of the Constitution and other applicable laws or policies on the siandards of conduct and performance expected of holders of public office in the discharge of their duties. PART II - PRELIMINARY PROVISIONS Cifition l. This Code may be cited as the Leadership and Integrity Code for State Officers in the County Assembly of Homa Bay. Commencement 2. This Code shall come into operation within seven days of its publication inthe Kenya Gazette and County Gazette. Interpretarton 3. In this code, unless the context otherwise requires- "Act" means the Iradership and Integrity Act,2012; [No. 19 of 20121; "Accounting Officer" means the Clerk of the County Assembly; "Assembly" means the County Assembly of Homa Bay; "Authorized Officer" means the Speaker of the County Assembly or his designate "Bank Account" has the meaning assigned to it under section 2 of the Act; "Code" means the Leadership and Integnty Code for State Officers in the County Assembly of Homa Bay; "Commission" means the Ethics and Anti-Comrption Commission eshblished under section 3 of the Ethics and Anti-comrption commirlion Act, No. 22 of 20ll; "Committee" means the Committee of the County Assembly; "Office" means the County Assembly or a Committee of the County Assembly; "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 this 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- Comrption commission pursuant to section 54 of the Act; "Serving State Officer" means a State Officer who is in office at the time of commencement of this Code; "State Officer" means the Speaker hnd a Member of the County Assembly of Homa Bay; Application of Chapter Six oJ the Constitution, the Leadership and Integrity Act, 2012 and the Public Oficer Ethics Act, 2003 ; 4. (I) The provisions of Chapter Six of the Constitution, the lradership and Integrity Act, the Public Officer Ethics Act, 2003 and shall form part of the code. Commitment to the Code 5 (l) A State Officer elected to the County Assembly shall sign and commit to this Code at the time of taking oath of office or within seven days of assuming office. (2fA serving State Officer shall sign and commit to this Code within fourteen days of the publication of the Code in the Kenya and County Gazette. (3) The declaratron of commitment to the Code shall take the form and structure set out in the First Schedule to this Code. PART III_REQUIREMENTS Rule of Law 6. (1) A State Officer shall respect and abide by thc Constitution and all other laws. (2) A State Officer shall carry out the duties ofhis or her offrce in accordance with the law. (3) In carrying out the duties of his or her office, a State Offrcer shall not violate the rights and fundamental freedoms of any person. Public trust 7. A State Office is a position of public tmst and the authority and responsibility vested in a State Officer shall be exercised by tlre State Officer in the best interest of the office and the people of Kenya. Responsibility and duties 8. 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 his or her office. Perjormance oJ duties 9. A State Officer shall, to the best of his or her ability - (a) carry out the duties ofthe office efficiently ancl 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. Professionalism 10. A State Officer shall- (a) carry out the duties of his or her office in a manncr that mainlains 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) to the extent appropriate to the office, maintah high standards of performance and level of professionalism within the office; and (d) if the State Officer is a member of a professional body, observe and subscribe to the ethical and professional requiremcnts of that body in so far as the requirements do not contravcnc the Constitution, any other law or this Code. Confidentiality I l. A State Officer shall subject to Article 35 of the Constitution and any other relevant law, a State Offrcer shall not disclose or causc to be disclosed any information in his or her custody to any unauthorized person. \ I 29thluly,2O16 THE KENYA GAZETTE 2943 Financial integrity 12. (1) A State Officer shall not use his or her office to unlawfully or wrongfully enrich himseH or herself or any other person. (2) Subject to article '16(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 offrce and thereafter make biennial declarations to the office, and a final declaration within (30) days of ceasing to be a State Officer. (4) The Declaration under sub-paragraph (3) shall be submitted to the County Assembly Service Board. (5) 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 person, subject to the provisions of Section 30 of the Public Officer Ethics Act, 2003. (6) A State Officer shall pay any taxes, loans or other debts due from him within the prescribed period. (7) A State Offrcer shall not neglect their financial, family or other legal obligations. Moral and ethical requirements 13. (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 and private affairs; (D) not to engage in activities that amount to abuse of office; (c/,accuat€ly and honesty represent information to the public; (d) not engage in wrongful conduct in furtherance of personal benefit; (e) not misuse public resources; ' (fl not falsiff any records; (g) not sexually harass or have inappropriate sexual relations with other State Officers, staff of the office or any other person; (h) not engage in actions which would lead to the State Officers removal from the memb€rship of a professional body in accordance with the law; f, 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-Traffrcking in Persons Act, 2008, and ' the Children Act; (7) not engage in fighting or physical confrontation with any person; (k) maintain high standards of etiquette at all times. (2) A person who wishes to be elected the Office shall for the purposes of this C-ode, submit to the Independent Electoral and Boundaries Commission a self-declaration in the form set out in the First Schedule to the Act. GiIts or benertfi in kind 14. (1) A gift or donation given !o a'State Offrcer on a public or official occasion shall be treated as a gift of donation to the Counry Assembly. (2) Notwithstanding subparagraph (l) a State Offrcer may receive a gift given to the State Offlcer in official capacity, provided that* (a) the 91ft is within the ordinary bounds of propriety, a usual expression of courtesy or protocol and within the ordinary standards of hospitality; (6) the gift is not monetary; (c) the gitt does not exceed the value of Kenya Shillings nventy thousand or such other amount as may be prescribed by the Commission through Regulations. (3) A State Offrcer shall not- (a) accep.t or solicit gifts, hospitality or other benefits from a person who- (i) has an interest in any matter under consideration by the County Assembly; (ii) has a conractual relationship with the office; (iii)has any interest that is directly or indirEctly conncctrd with the State Officers duties. (b) receive a gift which has the potential of compromising his or her integrity, objectivity or impartiality; or (c) accept any tlpe of gift expressly prohibited under the Act; (4) A State Offrcer who receives a gift or donation shall declare the gift or donation to the Authorized Officer within seven days of receipt of the gift. (5) The County Assembly shall maintarn a register of all gifts received by the State Offrcers serving in the County Assembly and another register of all gifts given by the County Assembly to other State or Public Officers. Wrongfiil or unlnwful acquisition of property 15. A State Officer shall not use the County Assembly to wrongfully or unlawfully aequire or influence the acquisitiron of public or other property. Conflict of interest 16. (l) A State Officer shall use the best efforts to avoid being in a conflict of interest a situation where his or her personal interests conflict or appear to conflict with the State Officers offrcial duties. (2) Without limiting the generality of subpamgraph (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 Officers and the officers official duties. (3) A State Officer whose personal interest's conflict with their offrcial duties shall declare the personal interest to the County Assembly. (4) The County Assembly may give directions on the appropriate action to the 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 dehberations with respect to the matter. (5) Any direction issued by the County Assembly under sub paragraph (4) shall be in writing. (6) Notwithstanding any directions to the contrary under subparagraph (4) a State Officer shall not influence the award of a contract to- (o) himself or herself; (b) the State Officerc spouse or child; (c) a business associate or agent; or (d) a corporation, private company, partnership or other body in which the offrcer has a substantial or controlling interest. (7) Where a State Officer rs 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 mo€ting. (9) The County Assembly shall maintain a tegister of conflicts of interest in the prescribed form in which an affected State Officer shall register the particulars of the registrable intcrests, stating the nature and cxtent 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; (D) 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 Constitution; (c) any application for employment or other form of engagement with the office by a family memhr or friend of the Statc Officer or by a law firm or corporation associated witl tlrc State Officer; (d) rny application to the County Assembly, by a family member or friend of the State Officer, for clearance with rcspect to appointment or election to any public office; (e) any othcr matter which, in the opinion of the State Officer, . taking into account the circumstances thereof, is necassary for rcgistration as a conflict of interest. (1 1) The County Assembly shall keep the register of conflicts of intcrcst for five years after the last entry in each volume of the register. (12) Thc County Assembly shall prepare a report of the registered lnt rclts within thirty days after thc close of a financial year. 29M THE KENYA GAZETTE 29thluly,2016 (13) A State Offrcer shall ensure that an entry of registrable lnterests under subp'aragraph (9) is updated and to notify the County Assembly of any changes in the registrable interests, within one month ofeach change occurring. r Participation in tenders invited by the County ,*tsembly 17. (1) A State Officer shall not participate in a tender for the supply of goods or seryices to the County Assembly. (2) Notwithstanding subparagraph (l) a company or entity assocrated wrth the State Officer shall not be construed as trading with the County Assembly. unless- (a) the State Officer has a controlhng shareholding in the company or entlty; (0) the State Officer is a director of the company; (c) the State Officer rs a managing partner ln a law firm providing servrces to the office. Public collectionr 18. (l) A State Officer shall not solicit for contributions from the County Assembly or any other person or, public entlty for a publtc purpose unless the President has, by notice in the Gazette, declared a national disaster and allowed a pubhc collectron for the purpose of the national disaster in accordance with the law. (2) A State Officer shall not parti;ipate rn a pubhc collectron of funds in a way that reflects adversely on the State Officers' rntegrity, impartrality or interferes with the Performance of the official duties. (3) Nothing in this clause shall be constructed as prohrbitmg a State Officer from making voluntary contributron. Bank accounts outside Kenya 19. (l) 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 frr opening or operatlng a bank account outside Kenya shall apply to the commission for approval to open or operate a bank account outstde Kenya. (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 lnstitution in which the account is held. (4) Sirbject to subparagraph (l) and (2), a person who is elected or nominated as a State Officer in the County Assembly and has a bank account outside Kenya shall, upon such appointment close the bank account within three (3) months or such other period as the Commission may prescribe by notice in the Gazette (5) Subject to subparagraph (4) a State Officer may open or continue to operate a bank account outslde Kenya as may be authorized by the Commission in writing. ActingJorforeigners ' 20. (1) A State Officer shall not be an agent of, or further the interests of a forelgn govemment, organization or individual.in a manner that may be detrimental to the security interests of Kenya, except when acting rn the course of official duty. (2) For the purposes of this paragraph - (a) an individual is a forergner if the individual is not a citizen of Kenya; and (b) an organizalion rs foreign if it is estabhshed outside Kenya or rs owned or controlled by a foreign government, organization or individual. Care oJ property 21 (l) A State Officer shall take all reasonable steps to ensure that public property in his or her custody, possession or control is taken care of and is in good repair and condrtion. - (2) A State Officer shall not use public property, funds or servrces that are acquired in the course of or as a result of the official duties, for private activities of activities that are not related to the official work of the State Officer. (3) A State Officer shall return to the County Assembly all the public property in his or her custody, possession or control at the end of the election or conEact term. i4) A State Officer who contravenes subparagraph (2) or (3) shall, in addition to any other penalties provided for under the Constrtution, the Act or any other law, be personally liable for any loss or damage to the public prope(y. Misuse of fficial information 22. (l) A State Officer shall not directly or indirectly use or allow any person under the officers authority to use any Information obtained through or in connection with the County Assembly, 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 given- (a) pursuant to a court order; (D) for purposes of educational, research, literary, scientific or other purposes not prohibited by law; or (c) in comphance with Article 35 of the Constitutton and the relevant law. Impartiality 24. A State Officer shall, at all times, carry out the duties of the County Assembly with impartialrty and objectivity in accordance with principles and values set out in Articles 10, 2'l,73 (2) (b) and 232 of the Constitution and shall not practice favouritism, nepotism, tribalism, cronyism, religious bias or engage in other preferential treatment of another State Offiaer, Pubhc Offrcer or a member of the pubhc. Giving of advice 25. A Stat€ Offrcer who has a duty to give advice shall give honest, accurate and impanial advice without fear or favour. Offe rs oJ futu re emp loyme nt 2'7. (1) A State Officer shall not allow himself of herself to be influenced in theperformance of his or her duties by plans or expectations for or offers of future employment or benefits. (2) A State Off,rcer shall disclose, in writing, to the Commission, all offers of future employment or benefits that could place the State Officer in a srtuation of confliot of interest. Former State Offcer acting in a government or public ofice 28. A former State Officer shall not be engaged by the County Assembly in a matter in which ttre State Officer was originally engaged in as a State Officer, for at least two years after leaving the County Assembly. Misleading the public 29. A State Officer shall not knowingly give false or misleading informatron to any person. Falsification oJ records 30. A State Officer shall not falsify any records or misrepresent information to the public. Conduct of pnvate affairs 31. A State Offrcer shall conduct their pnvate affairs in a manner that maintains public confrdence in the integrity of the County Assembly. Bullying 32. (l) A, State Officer shall not bully another State or Public Officer or any other person (2) For purposes of subparagraph (l) "bullying" includes blackmail, coercion, threats, intimidation or repeated offensive behaviour which rs vindictive, cruel, malicious or humiliating whether or not is intended to undermine a person and includes physical assault. Acting through others 33. (l) A State Ofircer shall not- (a) catse anything to be done through another Person that would constitute a contravention of this Code, the Constiotion or any other law if done by the State Officer; or (b) allow or dtrect a person under their supervision or control to do anythrng 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 tt. \ I I ,l I I I ; ,! l l t --E 29th luly,2016 THEKENYA GAZErTE 2945 t I Re po r tin g imprope r orde r s 3a. (I ) If a Statc OfFrcer considers that anything required of him or her is in contravention of the Codc or is othcnpise improper or unethical, the State Officer shall report the mrtter to the Comrnission. (2) The Commission shall investigate thc report and take appropriatc action within ninety (90) days of receiving the report. Duty to prevent occurrence of corruption or uncthical practice in the County Asscmbly t 35. A State Officer who believes or has rcason to believe comrpt act or uncthical malpractice has occurrcd or is about to occur in the office shall take all necessary fileasures to prcvent it from continuing . or materializing in addition to any other appropriate action. Use oJ social media 36. A State Officer shall not use social mcdia in a manncr thet is prcjudicial to public intcrest, national cohcsiort or that othcrwisc constitutes a breach of any law. Dress code 37. A State Officer shall maintain appropriarc standard of drcss and personal hygienc at all timcs. Political and other influence 38. (l)A State Officer shall excrcise indcpendencc in the discharge of his duties and shall noJ allow himself to be subjccrcd to political or any other intemal or ext€mal influencb that is dctrimental to public intcrcst. (2) a State Officer shall not inllucnce of atrcmft to influence the decision of any otler Starc or Public Officcr or public entity on any mattcr. (3) A State Officer shall not in any way intcrfcrc with drc dutics of any othcr Statc Officcr Public Offrccr or public cntity. Provisions ielating lo implemcntation of projecrs 39. (l)A State Officer shall in thc exercisc of oversight over implcmentetion of pmjects not interfcrc with such implcmcntation in any w8y. (2) A Stat Officer shall not influencc the undertaking of any project without prior planning or budgcting. (3) A Statc Officer shall not dcmand or acccpt any kickbacks, gifts, benefits or other favours from contraclorc or othcr pcrtons or entitics who are engagcd in implcmcntation projects. (4) A Statc.Officer shall not compromise or abct comprising of standards of any project. (5) A State Officer shall, subict !o the law, disclose all relevant information regarding any pmject to any person requiring such information. P r efer e ntial tre atme nt ,10. A State Of{icer shall ensure equal and equitable distribution of rcsources o all persons and any section of the populatior in his arca of jurisdictipn and shall not confcr any undue advantlge o any person 6r section of the population. PART ITI_ENFORCEMENT OF TI{E CODE 4{. (l) any pcrson may lodge a complaint allcging a breach of this code by a Starc OfFrcer to thc County Assembly.or to thc commission. (2) Breach of this Codc amounts to misconduct for which the State Oflicor may bc subjcctcd to disciplinary procecdings including removal fmm office. (3) Where a Breach of this code amounts to vioiation of the Constitution, fte Stqte Officer may bc removed from thc offrce in accsdance with the applicable laws. (4) Whcre an allcgation oi breach is made to the County A8sembly, the person alleging the breach shall submit a petition sctting out dre grounds and facts of'the allegcd violation to the Authorizcd Officer of the Office. (5) Upon receipt of the Complaint, the County Assembly shall registcr and carry out investigations into the complaint, and may tate action against the StaE OfFlcer in accordance with the Act, Standing Orders of thc Assembly, any Regulations made by the Commission under the Act or other law that for the time being governs thc conduct of State Officers in the Asscmbly. (6) If upon invcstigation into the allegcd breach of the Code, thc County Asscmbly is of thc opinion that civil or criminal proceedings out to be preferred against the respcctive Stat€ Officer, it shall refer the matter !o- ' (o) the Commission, wittr rcspect to civil mattcrs; and ' (blthe Direct|r of Public Prosecutions with respect to criminal matters. (7) Where thc complaint is made to the Commission, the Commission shall takc such action against fie State Officer as it decms necessary in accordance with its mandate under the law. (8) Notwithstanding sub-paragraph (5), the Commission may. subjebt to the law, take any edditional action it deems appropriatc in relation to any broach of tlrc Codc or require thc County Asscmbly to takc any action against a State Offrce who has brcachcd the Code. Victimization 42. A Statc Officer shall not in any way victimize any other State Officer or Public Officcr or any othcr person for any lawful action or omission. Duty oJ authorizcd fficer and accounting oficer to comply with directives of the commission in implementation of the Codi 43. The Authorizcd Officer or Accounting Officer of thc County Assembly shall at all times comply with such ordcrs or dircctivcs as may bc issued by the Commission from time to timc lowards thc implemcntation and enforcement of this Code. PART IV - GENERAL PROVISIOI.IS Advisory opinion ,14. A Statc Offrcer or thc County Assembly may request the Commission to givc an advisory opinion on any issue relating to, but not limited 0o- (a) thc application of Chaptcr Six of thc Constitution; (b) thc application of thc Act or any othcr applicablc law or rcgulations dcaling with thc ethics and intcgriry of Statc Officers; (c) thc application of thc Public Offrcer Ethics Act 2003, or any other law or regulations dealing with thc cthics and intcgrity of public officcrs; (d) thc application of this Code; (e) an ethical dilcmma; or (fl any other mattcr incidental to thc promotion of thc ethics and integrity of State Offrcers and public officers gcnerally. Training on leadership and intcgrity 45. Thc off,rcc shall collaborate with the Commission to ensuro that thc State Officers and public officers scrving in the Offrcc arc sensitizcd on leadership and intcgtity issucs at least once a year. Pcrsonal re spons ibility for complianc e 46. Each Stac Officer shall tako pcrsonal responsibility or compliance with the provisions of this Code. Annual report 47. The Authorized Office or his dcsignate shall cause to be prepared and submited to thc Commission an annual repoft on the progrcss made in implemcntation and enforc€mcnt of thc Codc in a prescribed format by the Commission. Antendment oJ the Code 48. Thc County Assembly may with approval of thc Commission amend this Code FIRST SCHEDULE (para.6 (3)) COMMITMENT TO THE LEADERSHIP AND INTEGRTTY CODE FOR STATE OMCERS IN T1IE COUNTY ASSEMBLY OF . HOMABAY. I............ ....... ....... ....holdcr of Natici,nal lD/Passport No..........................'.. and Post Office Box No..............................i.......,............having bcen clccted as in the County Assembly of Homa Bay do hcrcby confirrn that I have rcad and understood the Leadership and Integrity Code for State Offrccrs in thc County Assembly of Homa Bay and hcreby,solemnly dcclarc and commit myself to abide by thc provisions of thc Code at all times. THE KENYA GAZETTE Deponent J udg e I Magis trate I C o mmis s ione r fo r Oaths PRESCRIBED for the State Officers in the Counry Assembly of Homa Bay in accordance with the provrsions of section 37 of the l,eadership and Integrity Act, 2O12. At...............this...............dayof........................2016 29thluly,2O16 Speakcr of the County Assembly oJ Homa Bay County Government APPROVED by the Ethics and A4ti-comrption Commission, m accordance with the provisions of section 39 of the [radership and Integrity Act,20l2. A1..................this'...............dayof.............................2016 , S EC RETARY/ CH I EF EXEC UTIV E O F F IC ER ETHICS AND ANTI.CORRUPTION COMMISION IVIR/9620541 { I I I I