GAZETTE NOTICE NO. 13942
THE KENYA GAZETTE 3373 Registration Section Plot Owner Area Acquired (Ha) TavetaMburaNdogo/Cc/26 Salome Maombi Ringo 0.0118 TavetaMburaNdogo/Cc/27 MwangiMbwika 0.0319 TavetaMburaNdogo/Cc/28 Herman Mareko 0.0404 TavetaMburaNdogo/Cc/29 Wisdom Ndingiria 0.0552 TavetaMburaNdogo/Cc/30 Alex H. Lesamburo 0.0322 DELETION Bura Nyolo /1266 Mwabingu Boyi 0.2851 Bura Nyolo /878 Mbele Kilemansanza 0.3949 Bura Nyolo /602 County Council of Taita Taveta ( 0.1133 Bura Nyolo /604 Hamisi Ali Mwanyazi 0.1723 Bura Nyolo /2536 Settlement Fund Trustee 0.1053 Mboghoni/482 Christopher John Mneney 0.0313 Mboghoni/918 Kichikiro Tadale Sugulani 0.0161 Mboghoni/476 Stephen Nyangando Usadimu 0.0209 Mboghoni/474 Kiriro Tadali Lemelei 0.0285 Mboghoni/460 Benerdict Mrshurie Goi 0.0243 Mboghoni/576 Lezeni Ngoiseji Ngelesule 0.0247 Mboghoni/473 Petro Kiriro Lemerei 0.0203 Mboghoni/468 Ali Mwanzia Lachighoni 0.0253 Mboghoni/467 Mussa Major Sangorie 0.0249 Mboghoni/418 Mriangulu Reweyo Lemeru 0.0268 Mboghoni/417 Nguruwi Metiaki Taraya 0.0344 Mboghoni/416 Nguruwi Metiaki Taraya 0.0198 Mboghoni/415 Jacob Lengandu Msuya 0.0144 Mboghoni/414 Joseph Mareale Leshamta 0.0232 Mboghoni/413 Muleja Makaria Ning'oi 0.0242 Mboghoni/412 Marita Muonji Mbayai 0.0249 Mboghoni/401 Bonface Mlaroni Samuel 0.0539 Mboghoni/398 Peter Katoi Kamete 0.0284 Mboghoni/392 Flavia Ngoto Mareko 0.0325 Mboghoni/395 Joseph Medua Leriabaki 0.0668 Mboghoni/798 Aiphers Lumunge 0.0283 Mboghoni/790 Ngondi Lekumasi Sagilu 0.0264 Mboghoni/791 Rozina Riziki Dishon 0.0187 Mboghoni/932 P. Chamaembe 0.0161 Mboghoni/X/1 County Council Of Taveta 0.0144 Mboghoni/930 Ernest Manyaka Ndoro 0.0159 Mboghoni/801 Margaret Mutola Shahi 0.0173 _Mboghoni/929 Noshi Rayasi Meretoi 0.176 Mboghoni/928 Leshamta Meriango Msafari 0.0154 Mboghoni/981 Bonface Mutisya Makau 0.0157 Mboghoni/982 Hadhija Adam 0.0143 Mboghoni/927 John Bariki Lesayo 0.0186 Mboghoni/486 Edward Tasighoi Lerengesu 0.0189 Mboghoni/489 John Senewu Fundi 0.0153 Taveta Mbura Ndogo/793 County Council of Taita Taveta (Resdential) 0.0283 Taveta Mbura Ndogo/790 County Council of Taita Taveta (Resdential) 0.0264 Taveta Mbura Ndogo/791 County Council of Taita Taveta (Resdential) 0.0187 Taveta Mbura Ndogo/932 County Council of Taita Taveta (Resdential) 0.0161 Taveta Mbura Ndogo/B1 County Council of Taita Taveta (Resdential) 0.0144 Taveta Mbura Ndogo/930 County Council of Taita Taveta (Resdential) 0.0159 Taveta Mbura Ndogo/801 County Council of Taita Taveta (Resdential) 0.0173 Taveta Mbura Ndogo/929 County Council of Taita Taveta (Resdential) 0.0176 Taveta Mbura Ndogo/928 County Council of Taita Taveta (Resdential) 0.0154 Taveta Mbura Ndogo/927 County Council of Taita Taveta (Resdential) 0.0187 Taveta Mbura Ndogo/486 County Council of Taita Taveta (Resdential) 0.0189 Taveta Mbura Ndogo/489 County Council of Taita Taveta (Resdential) 0.0153 Taveta Mbura Ndogo/482 County Council of Taita Taveta (Resdential) 0.0314 Taveta Mbura Ndogo/998 County Council of Taita Taveta (Resdential) 0.0220 Taveta Mbura Ndogo/918 County Council of Taita Taveta (Resdential) 0.0161 Taveta Mbura Ndogo/476 County Council of Taita Taveta (Resdential) 0.0209 Taveta Mbura Ndogo/474 County Council of Taita Taveta (Resdential) 0.0285 Taveta Mbura Ndogo/460 County Council of Taita Taveta (Resdential) 0.0243 Taveta Mbura Ndogo/576 County Council of Taita Taveta (Resdential) 0.0247 Taveta Mbura Ndogo/473 County Council of Taita Taveta (Resdential) 0.0203 Taveta Mbura Ndogo/468 County Council of Taita Taveta (Resdential) 0.0254 Taveta Mbura Ndogo/467 County Council of Taita Taveta (Resdential) 0.0249 Taveta Mbura Ndogo/418 County Council of Taita Taveta (Resdential) 0.0268 Taveta Mbura Ndogo/417 County Council of Taita Taveta (Resdential) 0.0344 Taveta Mbura Ndogo/B2 County Council of Taita Taveta (Resdential) 0.0198 Taveta Mbura Ndogo/416 County Council of Taita Taveta (Resdential) 0.0125 Taveta Mbura Ndogo/415 County Council of Taita Taveta (Resdential) 0.0144 Taveta Mbura Ndogo/414 County Council of Taita Taveta (Resdential) 0.0232 Taveta Mbura Ndogo/413 County Council of Taita Taveta (Resdential) 0.0242 Taveta Mbura Ndogo/412 County Council of Taita Taveta (Resdential) 0.0249 Taveta Mbura Ndogo/401 County Council of Taita Taveta (Resdential) 0.0540 Taveta Mbura Ndogo/398 County Council of Taita Taveta (Resdential) 0.0284 Taveta Mbura Ndogo/392 County Council of Taita Taveta (Resdential) 0.0325 Taveta Mbura Ndogo/395 County Council of Taita Taveta (Resdential) 0.0669 Taveta/Timbila/14 Timbila Trading Centre 0.1043 Mboghonib/3 Lydiah Namsi Luhindi 0.0585 Mboghonib/4 Mary Kirote Mkamba 0.0797 Mboghonib/5 Onesmus Kirigisa Sagiroi 0.1932 Mboghonib/6 Samuel Njae William 0.0912 Mboghonib/7 Mathayo Rongena Mkirimi 0.0437 Taveta/Mahoo/40 Frank Melikoi Mrisha 0.5313 Taveta/Mahoo/41 Jimmy Lusario Mrisha 0.3524 Taveta/Mahoo/42 Joshua Mambo 0.1276 Taveta/Mahoo/43 County Taveta (Cattle Dip) 0.1490 Taveta/Mahoo/44 Counnty Council of Taveta 0.1328 Taveta/Mahoo/46 Samuul sainare Ngeresani 0.7483 Taveta/Mahoo/47 Kizimba 0.1815 Taveta/Mahoo 48 Juma 0.33 Taveta/Mahoo/49 Catholic mission church 0.3089 Taveta/ Mahoo/50 Alexander Dando 0.3423 Taveta/ 5865/Lesesia/18 Peter Katuta 0.2286 Taveta/ 5865/Lesesia/19 Cosmas Tandas Legeru 1.2944 Taveta/ 5865/Lesesia/20 Dorothy Juma 0.3072 Taveta/ 5865/Lesesia/21 Godfrey Ngeresure Ngirima 0.3747 Taveta/ 5865/Lesesia/22 Sylvester Selewai 0.2360 Taveta/ 5865/Lesesia/23 Paul Ngirima 0.3071 Taveta/ 5865/Lesesia/24 Joseph Ngirima 0.3747 Taveta/ 5865/Lesesia/25 Lungwane Mnnyasa Katuta 0.9468 Taveta/ 5865/Lesesia/26 Myasia Katuta 0.1564 Taveta/ 5865/Lesesia/27 Ngereshani Mngiriama 0.0906 Taveta/ 5865/Lesesia/28 Julius Mronyo 0.3730 Taveta/ 5865/Lesesia/29 Ack Lerukenge 0.9336 Taveta/ 5865/Lesesia/30 Jacob Kokombiro Mnenei 0.7759 Taveta/ 5865/Lesesia/31 Stephen Sinoi 0.5147 Taveta/ 5865/Lesesia/32 Samson Oketch 0.3464 Taveta/ 5865/Lesesia/33 Simon Rasi 1.6441 Taveta/ 5865/Lesesia/34 Alex Karumari 0.5301 Taveta/ 5865/Lesesia/35 Penninah Wavinya Ndue 0.8197 Taveta/ 5865/Lesesia/36 Elias Simon Rayasi 0.0092 Taveta/ 5865/Lesesia/37 Mutune Mbithi 0.0082 Taveta/ 5865/Lesesia/38 Kioko Matolo 0.0653 Taveta/ 5865/Lesesia/39 Nthambi Kyumu Nziu 0.3093 Taveta/ 5865/Lesesia/40 Jumanne John 0.3194 Taveta/ 5865/Lesesia/41 Festus Mutinda John 0.3708 Taveta/ 5865/Lesesia/42 Nthambi Kyumu Nziu 0.4582 3374 THE KENYA GAZETTE 26th August, 2016 Registration Section Plot Owner Area Acquired (Ha) Taveta/ 5865/Lesesia/43 Julius Muli/Dickson Ngonde 1.6078 Taveta/ 5865/Lesesia/44 Rufus Ndungu Kingori 0.3697 Taveta/ 5865/Lesesia/45 Shaban Mwangondi 0.0419 Taveta/ 5865/Lesesia/46 Juma Kileli 0.1020 Taveta/ 5865/Lesesia/47 Joseph Mesi Sauni 0.0284 Taveta/ 5865/Lesesia/48 Tomboya and Severa Sanguli 0.0858 Taveta/ 5865/Lesesia/49 County Council of Taita Taveta (Residential) 0.0480 Taveta/ 5865/Lesesia/50 Samson 0.0046 Taveta/ 5865/Lesesia/51 Pauline Kavemba Muia 2.5910 Taveta/ 5865/1 Amos Mtuku Munguti 1.7518 Taveta/ 5865/2 Maganda 0.0261 Taveta/ 5865/3 Ahmed Husein Gure 0.1185 Taveta/ 5865/4 Ibrahim Osman Wafra 0.1326 Taveta/ 5865/5 Disputed Under Land Tribunal 1.1280 Taveta/Mbongoni/B/48 Prison Of Kenya 0.2555 Taveta/Mbongoni/B/49 Taveta District Hospital 0.1397 Taveta/Mbongoni/B/52 ACK Church Taveta 0.0564 Taveta/Mbongoni/B/53 Distict Office 0.0535 Taveta/Mbongoni/B/54 Taveta District Administration 0.0904 Taveta/Mbongoni/B/55 Taveta Grave Yard 0.0256 Taveta/Mbongoni/T3/56 Taveta Post Office 0.0725 MUHAMMAD A. SWAZURI, MR/9721159 Chairman, National Land Commission. GAZEL IE NOTICE No. 6848 THE LEADERSHIP AND INTEGRITY ACT
(No. 19 of 2012)
REGISTRATION
PURSUANT to section 37 of the Leadership and Integrity Act, 2012, the County Executive of Kiambu establishes this Leadership and
Integrity Code to be observed by and binding upon State Officers in the County Executive.
PART I— STATEMENT OF INTENT
A Leadership and Integrity Code for State Officers in the County
Executive of Kiambu made pursuant to the provisions of section 37 of the Leadership and Integrity Act, 2012 and to give effect to Chapter
Six of the Constitution of Kenya. The Code is intended to establish standards of integrity and ethical conduct in the leadership and management of public affairs of the County Executive by ensuring that the State Officers respect the values, principles and provisions of the
Constitution and other applicable laws or policies on the standards of conduct and performance expected of holders of public office in the discharge of their duties.
PART II—PRELIMINARY PROVISIONS
Citation
1.This Code may be cited as the Leadership and Integrity Code for
State Officers in the County Executive of Kiambu.
Commencement
2.This Code shall come into operation within seven days of its publication in the Kenya Gazette and County Gazette.
Interpretation
3.In this code, unless the context otherwise requires —
"abuse of office" has the same meaning assigned to it under Anti-
Corruption and Economic Crimes Act, 2013;
"Act" means the Leadership and Integrity Act, 2012; [No. 19 of
2012];
"property" means a thing, tangible or intangible, owned, whether wholly or in part, or controlled by a person, which has an actual or determinable economic value and can be sold, exchanged or otherwise thed 01 applied 10 Meg all obligation or acquire something else in return;
"bank account" has the meaning assigned to it under section 2 of the Act;
"business associate" means a person who does business with or on behalf of a State Officer and has express or implied authority from that
State Officer;
"child" includes a son or daughter related by adoption to State
Officer;
"Code" means the Leadership and Integrity Code for State Officers in the County Executive of Kiambu;
"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;
"his" includes the expression "her";
"Office" means the position held by a County Executive Member of Kiambu and all powers vested in that position as per any written law and the Constitution and includes any unit of the County
Executive Committee.
"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;
"Records" means all documentation in custody or accessible to the
State Officer by virtual or his or her designation in the the County
Executive;
"Regulations" means the Regulations made by the Ethics and Anti-
Corruption commission pursuant to section 54 of the Act;
"Sexually harass" includes doing any of the following, if the person doing it knowns or ought to know that it is: Unwelcome making a request or exerting pressure for sexual activity or favours;
making international or careless physical contact that is sexual in nature; and making gestures, noices, jokes or comments, including innuendos, regarding another person's sexuality;
"Spouse" means a wife or husband;
"Serving State Officer" means a State Officer who is in office at the time of commencement of this Code:
"State Officer: means the Governor, the Deputy Governor and a member of the County Executive Committee;
Application of Chapter Six of the Constitution, the Leadership and
Integrity Act, 2012 and the Public Officer Ethics Act, 2003;
4. (1) The provisions of Chapter Six of the Constitution, the
Leadership and Integrity Act, 2012, the Public Officer Ethics Act, 2003 and shall form part of the Code.
Commitment to the Code
5. (1) A State Officer elected or appointed to the County Executive shall sign and commit to this Code at the time of taking oath of office or within seven days of assuming office.
(2)A serving State Officer shall sign and commit to this Code within seven days of the 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.
PART III—REQUIREMENTS
Rule of Law
6. (1) A State Officer shall respect and abide by the Constitution and all other laws.
(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 (b) of the Constitution.
Public trust
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.
Responsibility and duties
8. Subject to the Constitution and any other law, a State Officer shall take personal responsibility for the reasonably foreseeable
26th August, 2016 THE KENYA GAZETTE 3375 consequences of any actions or omissions arising from the discharge of the duties of his or her office.
Performance of duties
9. 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 his/her office.
Professionalism
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)to the extent appropriate to the office, maintain high standards of performance and level of professionalism within the office;
and
(d)report truthfully on all matters of the county governments to relevant authorities;
(e)communicate effectively.
11. 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.
Confidentiality
12. A State Officer shall 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.
Financial integrity
13. (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 and thereafter make biennial declarations to the office, and a final declaration within thirty (30) days of ceasing to be a State Officer.
(4)The Declaration under sub-paragraph (3) shall be submitted to the County Executive 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 not —
(a)evade taxes;
(b)neglect their financial and or legal obligations.
Moral and ethical requirements
14. (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;
(b)not engage in activities that amount to abuse of office;
(c)accurately and honesty represent information to the public;
(d)not engage in wrongful conduct in furtherance of personal benefit;
(e)not misuse public resources;
(f)not falsify any records;
(g)not sexually harass or have inappropriate sexual relations with other State Officers, staff of the County Government or any other person;
(h)not engage in actions which would lead to the State Officers 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;
(j)not engage in fighting or physical confrontation with any person;
(k)not misuse public resources—Including fueling of private vehicles, stationery, releasing or causing releasing of office assets without written authority;
(I) not be drunk or disorderly during official working hours.
(m) not smoke with the County Government offices unless in designated smoking zones.
(2) A person who gets appointed or elected to the County
Executive shall for the purposes of this Code, submit to the
Independent Electoral and Boundaries Commission a self-declaration in the form set out in the First Schedule to the Act.
(3) In respect to a person who gets elected to the County
Executive, the Declaration under sub-clause (2) shall also be submitted to the Independent Electoral and Boundaries Commission.
(4) A State Officer who wishes to be elected to an office shall for purposes of this Code —
(a)submit to the Independent Electoral and Boundaries
Commission a self-declaration in the form set out in the First
Schedule to the Act;
(b)submit a resignation letter to the County Secretary as per the
Elections Act, 2014;
(5) AState Officer shall maintain high standard of etiquette at all times.
Gifts or benefits in kind
15. (1) A gift or donation given to a State Officer on a public or official occasion shall be treated as a gift of donation to the County
Government.
(2) Notwithstanding subparagraph (1) a State Officer may receive a gift given to him/her in his/her 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 the value of Kenya Shillings twenty thousand or such other amount as may be prescribed by the
Commission through Regulations.
(3) A State Officer shall not —
(a) accept or solicit gifts, hospitality or other benefits from a person who —
(i)has an interest in any matter under consideration by the
County Government;
(ii)has a contractual relationship with the County Government;
(iii)has any interest that is directly or indirectly connected 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 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 Authorized Officer within seven days of receipt of the gift.
(5) The County Executive shall maintain a register of all gifts received by the State Officers serving in the County Executive and another register of all gifts given by the County Government to other
State Officers.
Wrongful or unlawful acquisition of property
16. A State Officer shall not use the Office to wrongfully or unlawfully acquire or influence the acquisition of public or other property.
Conflict of interest
17. (1) 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 official duties.
(2) Without limiting the generality of subparagraph (1)-
(a)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;
(b)a State Officer whose personal interest's conflict with their official duties shall declare the personal interest to the County
Secretary.
(3) The County Secretary 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 deliberations with respect to the matter.
(4) Any direction issued by the County Secretary under sub paragraph (3) shall be in writing.
(5) Where such a State Officer is aggrieved by the directions in sub-clause (3) the Officer may write to the Commission for further clarifications.
(6) Notwithstanding any directions to the contrary under subparagraph (3) a State Officer shall not 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 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 County Executive 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 any written law;
(c)any application for employment or other form of engagement with the County Government 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 County Government, 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 County Secretary shall keep the register of conflicts of interest for five years after the last entry in each volume of the register.
(12) The County Secretary shall prepare a report of the registered interests within thirty days after the close of a financial year.
(13) A State Officer shall ensure that an entry of registrable interests under subparagraph (9) is updated and to notify the County
Secretary of any changes in the registrable interests, within one month of each change occurring.
Participation in tenders invited by the County Executive
18. (1) A State Officer shall not participate in a tender for the supply of goods or services to the County Government as per section
33 of the Public Procurement and Disposal of Assets Act, 2015 and the
Regulations made thereunder.
(2) Notwithstanding subparagraph (1) a company or entity
(osociittrci with the State Officer shall not he construed as trading with the County Government unless —
(a) the State Officer has a controlling shareholding in the company or entity;
(b)the State Officer is a director of the company;
(c)the State Officer is a managing partner in a law firm providing services to the office.
Public collections
19. (1) A State Officer shall not—
(a)solicit for contributions from the person or public entity for a public purpose; or
(b)use his or her office or place of work as a venue for soliciting for or promoting public collections.
(2)Sub-clause (I) shall not apply where 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.
(3)Notwithstanding the provisions of sub-clause (2) above, 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.
(4)Nothing in this clause shall be constructed as prohibiting a
State Officer from making voluntary contribution.
(5)Subject to sub-clause (3), a State Officer may, with written approval from the County Secretary, participate in a collection involving a private cause.
(6)A State Officer who has been given approval to an active part in a collection involving a private cause shall neither use his or her office for that purpose nor involve any staff of the County
Government.
Bank accounts outside Kenya
20. (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 outside 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 institution in which the account is held.
(4)Subject to subparagraph (1) and (2), a person who is elected or nominated as a State Officer in the office 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 outside Kenya as may be authorized by the Commission in writing.
Acting for foreigners
21. (1) A State Officer shall not be an agent of, or further the interests of a foreign government, organization or individual in a manner that may be detrimental to the security interests of County
Government of Kiambu and the Republic 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
(b)an organization is foreign if it is established outside Kenya or is owned or controlled by a foreign government, organization or individual.
Care of property
22. (1) 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 condition.
(21 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 private activities of activities that are not related to the official work of the State Officer.
26th August, 2016 THE KENYA GAZETTE 3377
(3)A State Officer shall return to the Office all the public property in his or her custody, possession or control at the end of the election or contract term.
(4)A State Officer who contravenes subparagraph (2) or (3) shall, in addition to any other penalties provided for under the Constitution, the Act or any other law, be personally liable for any loss or damage to the public property.
Misuse of official information
23. (1) 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 Executive, 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 is —
(a)pursuant to a court order;
(b)for purposes of educational, research, literary, scientific or other purposes not prohibited by law; or
(c)in compliance with Article 35 of the Constitution and the relevant law.
Impartiality
24. A State Officer shall, at all times, carry out the duties of the
County Executive 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 other preferential treatment of another State Officer, Public Officer or a member of the public.
Descrimination
25. (1) A State Officer shall not discriminate directly or indirectly against any person or any ground including race, sex, pregnancy, marital status, health status, ethnic or social, origin, colour, age, disability, religion, conscience, belief, culture, dress, language or birth.
(2)All State Officers are entitled to equal treatment and opportunities in the County Executive of Kiambu including but not limited to training, promotion, allowances and any other benefits.
(3)Where a State Officer feels discriminated, he or she should report in writing to the County Secretary or the Commission.
Giving of advice
26. A State Officer who has a duty to give advice shall give honest, accurate and impartial advice without fear or favour.
Offers of future employment
27. (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 Officer shall disclose, in writing, to the Commission, all offers of future employment or benefits that could place the State
Officer in a situation of conflict of interest.
(3)The County Secretary shall register any such offer of future employment in the register of conflicts of interests referred to under clause 17 (8).
Former State Officer acting in a government or public office
28. A former State Officer shall not be engaged by the County
Executive in a matter in which the State Officer was originally engaged in as a State Officer, for at least two years after leaving the
County Government.
Misleading the public
29. A State Officer shall not knowingly give false or misleading information to any person.
Falsification of records
30. A State Officer shall not falsify any records or misrepresent information to the public.
Conduct of private affairs
31. A State Officer shall conduct their private affairs in a manner that maintains public confidence in the integrity of the Office he or she holds.
Bullying
32. (1) A State Officer shall not bully another State or Public
Officer or any other person.
(2) For purposes of subparagraph (1) "bullying" includes blackmail, coercion, threats, intimidation or repeated offensive behaviour which is vindictive, cruel, malicious or humiliating whether or not is intended to undermine a person and includes physical assault.
Gainful employment
33. A State Officer who is serving on a full-time basis shall not participate in any other gainful emloyment.
Acting through others
34. 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.
(c)Sub-rule (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.
Reporting improper orders
35. (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 Offficer shall report the matter to the Commission.
(2) The Commission shall investigate the report and take appropriate action as per section 22 (3) of the Regulations.
Duty to prevent occurrence of corruption or unethical practice in the
County Executive
36. 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.
Use of social media
37. A State Officer shall not use social media in a manner that is prejudicial to public interest, national cohesion or that otherwise constitutes a breach of this Code or any law.
Dress code
38. A State Officer shall maintain appropriate standard of dress and personal hygiene at all times.
Political and other influence
39. (1) A State Officer shall exercise independence in the discharge of his duties and shall not allow himself to be subjected to political or any other internal or external influence that is detrimental to public interest.
(2)a State Officer shall not influence of attempt to influence the decision of any other State or Public Officer or public entity on any matter.
(3)A State Officer shall not in any way interfere with the duties of any other State Officer, Public Officer or public entity.
Implementation of development projects
40. (1) A State Officer shall exercise prudence in the undertaking of development projects and shall at all times prioritize projects that are most urgent for the public.
(2)For the purposes of sub-paragraph (1), a State Officer shall, before planning for any project, to the extent applicable, undertake and facilitate public and stakeholder participation in the determination of the projects to be implemented at any given time.
(3)A State Officer shall not undertake any project without prior planning or budgeting.
(4)A State Officer shall not demand or accept any kickbacks, gifts, benefits or other favours from contractors, suppliers and any other service providers of the County Government.
(5)A State Officer shall not compromise or abet comprising of standards of any project implemented by the County Government.
(6) A State Officer shall, subject to the law, disclose all relevant information regarding any project to any person requiring such information.
Preferential treatment
41. A State Officer shall ensure equal and equitable distribution of resources to all persons and any section of the population in his area of jurisdiction and shall not confer any undue advantage to any person or section of the population.
PART III—ENFORCEMENT OF THE CODE
42. (1) Any person may lodge a complaint alleging a breach of this code by a State Officer to the County Executive or to the commission.
(2) Breach of this Code amounts to misconduct for which the State
Officer may be subjected to disciplinary proceedings including removal from office.
(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 County
Executive, the person alleging the breach shall submit a petition setting out the grounds and facts of the alleged violation to the
Governor
(5) Upon receipt of the complaint, the County Executive shall register and carry out investigations into the complaint, and may take action against the State Officer in accordance with the Act, Standing
Orders of the Assembly, any Regulations made by the Commission under the Act.
(6) If upon investigation into the alleged breach of the Code, the
Governor 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 civil matters; and
(b)the Director of Public Prosecutions with respect to criminal matters.
(7) Where the complaint is made to the Commission, the
Commission shall take such action against the State Officer as it deems necessary in accordance with its mandate under the law.
(8) Notwithstanding sub-paragraph (5), the Commission may, subject to the law, take any additional action it deems appropriate in relation to any breach of the Code or require the County Government to take any action against a State Officer who has breached the Code.
Victimization
43. A State Officer shall not in any way victimize any other State
Officer or Public Officer or any other person for any lawful action or omission.
Duty of the County Secretary to comply with directives of the
Commission in implementation of the Code
44. The County Secretary shall at all times comply with such orders or directives as may be issued by the Commission from time to time towards the implementation and enforcement of this Code.
PART IV—GENERAL PROVISIONS
Advisory opinion
45. A State Officer or the Office may request the Commission to give an advisory opinion on any issue relating to, but not limited to —
(a)the application of Chapter Six of the Constitution;
(b)the application of the Act or any other applicable law or regulations dealing with the ethics and integrity of State
Officers;
(c)the application of the Public Officer Ethics Act, 2003, or any other law or regulations dealing with the ethics and integrity of
State Officers;
(d)the application of this Code;
(e)an ethical dilemma; or
(/) any other matter incidental to the promotion of the ethics and integrity of State Officers and public officers generally.
Training on leadership and integrity
46.The office shall collaborate with the Commission to ensure that the State Officers and public officers serving in the County
Government are sensitized on leadership and integrity issues at least once a year.
Personal responsibility for compliance, promotion of ethics, integrity and best practices in the County Government
47.Each State Officer shall take personal responsibility or compliance with the provisions of this Code.
Annual report
48.The County Secretary or his designate 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 a prescribed format by the Commission.
Amendment of the Code
49.The County Executive may with approval of the Commission amend this Code.
FIRST SCHEDULE (para. 5 (3))
COMMITMENT TO THE LEADERSHIP AND INTEGRITY CODE
FOR STATE OFFICERS IN THE COUNTY GOVERNMENT OF
KIAMBU.
I holder of
National ID/Passport No and Post Office Box
No. having been elected or appointed as in the
County Executive of Kiambu do hereby confirm that I have read and understood the Leadership and Integrity Code for State Officers in the
County Executive of Kiambu 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 County Executive of
Kiambu in accordance with the provisions of section 37 of the
Leadership and Integrity Act, 2012.
This day of 2016
Governor of the County Government of Kiambu
APPROVED by the Ethics and Anti-corruption Commission, in accordance with the provisions of section 39 of the Leadership and
Integrity Act, 2012.
At this day of 2016
SECRETARY! CHIEF EXECUTIVE OFFICER
ETHICS AND ANTI-CORRUPTION COMMISION
MR/9672462
)
26th August, 2016 THE KENYA GAZETTE 3379
GAZE NOTICE No. 6849
THE CIVIL AVIATION ACT
(No. 21 of2013)
THE KENYA CIVIL AVIATION AUTHORITY
APPLICATIONS FOR VARIATIONS OR ISSUE OF AIR SERVICE LICENCES
PURSUANT to the provisions of the Civil Aviation Act (No. 21 of 2013) and the Licensing of Air Services Regulations, 2009 (Regulation 25), notice is given that the applicants whose particulars are specified in the first column of the schedule below have applied for various air service licences. The particulars of the applications are specified in the second column and the duration required for the licence in the third column.
Any representation in favor of or against any application should be made in writing to the Director-General, Kenya Civil Aviation Authority, P.O.
Box 30163-00100, Fax: +254-20-6822300, Nairobi, so as to reach the Authority within twenty-one (21) days from the date of publication of this notice. Such representation should be sent by the person making it to the applicant by registered mail at the same time it is sent to the Authority.
SCHEDULE
Name and Address of Applicant Type of Service applied for Durations
Allied Air Limited, NAHCO Building, Murtala
Mohammed International Airport, Lagos
International non-scheduled air cargo services on the route
Lagos/Nairobi/Liege/Maastricht/London Stansted/Lagos without routing rights from Malabo, Doula, Kinshasa, N'djamena, Libreville, Luanda, Johannesburg, Pointe Noire and technical stop in Cairo without traffic rights between Nairobi and
Cairo using aircraft type MD 11 F based in Lagos, Nigeria.
With immediate effect.
Flightlink Limited, P.O. Box 2858, Dar Es Salaam.
Tanzania
(i)International non-scheduled air services for passengers and freight between designated entry/exit points in Tanzania and Kenya
(ii)International non-scheduled air service for medical evacuation between designated entry/exit points in Tanzania and Kenya
Using aircraft type C206, C208, C560 and B1900 and based in Dar es Salaam.
With immediate effect.
Fly Safari Airlink Limited, P.O. Box 18065, Dar Es Salaam.
Tanzania
(i)International non-scheduled air services for passengers between designated entry/exit points in Tanzania and Kenya
(ii)International non-scheduled air service for medical evacuation between designated entry/exit points in Tanzania and Kenya
Using aircraft type C150, C206, C208, C510 and R66 based in Dar es Salaam.
With immediate effect.
Small Planet Airlines Sp.z.o.o
17 StyCznia Str.45b,02-146, Warsaw, Poland.
Variation of current licence to include Inclusive Tour Charters on the route
Warsaw/Hurgada/Mombasa/Hurgada/Warsaw without traffic rights between
Hurgada and Mombasa using aircraft type A321 based in Poland, Warsaw.
With immediate effect.
Phoenix Aviation Limited, P.O. Box 49493-00100, Nairobi
Variation of current air service licence to include cargo and aerial work services. With immediate effect.
Kasas Limited, P.O. Box 1218-00506, Nairobi
Variation of current air service licence to include aerial work services With immediate effect.
Jubba Airways Limited, P.O. Box 10718-00100, Nairobi
(i)Non-scheduled Air Service for Passenger and Freight within/out of/into Kenya to/from Africa/Middle East/Far East
(ii)Domestic Scheduled air service on the route JKIA to/from
Mombasa/Kisumu/Eldoret
Using aircraft type B737, CRJ100, CRJ200, FK50 and A321 based at JKIA.
With immediate effect.
Advantage Air Travel
P.O. Box 50339-00100
Nairobi.
Non-scheduled air services for passengers/freight within/out of/into Kenya to/from points in Africa/Middle East
Using aircraft type FK50, CRJ100, CRJ200, B737, AS350 B3, EC130 B4 based at
JKIA.
With immediate effect.
Ribway Cargo Airlines Limited, P.O Box 19155-00501, Nairobi.
(i)Non-scheduled air services for cargo within/out of/into Kenya to/from
Africa/Middle East/Asia/Europe
(ii)Aerial work services within Kenya
Using Aircraft type DC8, DC9, FK50, A300, C210, C401 based at JKIA, Wilson, Moi International Airport and Malindi Airport
With immediate effect.
Lady Lori (K) Limited, P.O. Box 1687-00502, Nairobi.
(i)Non-scheduled air service for passengers/freight within/out of/into Kenya to/from East and Central Africa
(ii)Aerial work services within/out of Kenya
Using aircraft type AS350 B3, EC130 B4 based in Wilson Airport.
With immediate effect.
Aviation Plus Limited, P.O. Box 78260-00507, Nairobi.
(i)Non-scheduled air service for passengers/freight/mail within/out of/into
Kenya to/from Points in Africa and the rest of the world.
(ii)Flying instructions within Kenya
(iii)Aerial work service within Kenya
Using aircraft type C152, C172, C208, FK27, B737, DC8 and MDIO based at JKIA and Wilson Airport.
With immediate effect.
Everett Aviation Charter Limited, P.O. Box 40813-00100, Nairobi.
(i)Non-scheduled air service for passengers/freight within/out of/into Kenya to/from Points in Africa and Middle East.
(ii)International non-scheduled air service for medical evacuation
(iii)Aerial work service within/out of Kenya
Using aircraft type AS350, BK117, AS365, EH280 and AS332L based at Bamburi
Airstrip.
With immediate effect.
ALS Limited, P.O. Box 41937-00100, Nairobi.
(i)International scheduled air services for passengers and freight as per designation by Ministry of Transport and Infrastructure
(ii)Non-scheduled air services for passengers and freight within/out of/ into
Kenya to/from the rest of Africa
(iii)Domestic scheduled air services on the routes:
(a) Wilson to/from Kisumu/Lokichoggio/Eldoret
With immediate effect.
Name and Address of Applicant Type of Service applied for Durations
(b)Wilson to/from Ukunda/Mombasa
(c)Wilson to/from Nanyuki/Lewa Downs/Samburu
(d)Wilson to/from Tsavo/Amboseli
(e)Wilson to/from Naivasha/Masai Mara
(f)Wilson to/from Malindi /Lamu/Kiwayu
(g)Wilson/JKIA to/from Kisumu/Eldoret
Using aircraft type EMB135, EMBI45, BE19, BE20, DHC8 and C208 based at
JKIA and Wilson Airport.
Capital Airlines Limited, P.O. Box 49232-00100, Nairobi
Non-scheduled air services for passengers/freight within/out of/into Kenya to/from the rest of Africa using aircraft BE20 based at Wilson Airport.
With immediate effect.
Amref Flying Service, P.O. Box 18617-00500, Nairobi.
Non-scheduled air services for passengers/freight within/out of/into Kenya to/from
Points in Africa and the rest of the World.
Using aircraft BE20, C208 based at Wilson Airport. Operations limited to emergency medical evacuation, aero medical and humanitarian outreach programs.
With immediate effect.
OAFC Aviation Eighteen Limited, P.O. Box 16050-00100, Nairobi
Non-scheduled air services for passengers and freight within/out of/into Kenya to/from points in Africa using aircraft L410 based at Wilson Airport.
With immediate effect.
Five Forty Aviation Limited, P.O. Box 10293-00100, Nairobi.
(i)Non- scheduled air services for passengers/freight mail within/out of/into
Kenya to/from the rest of the world
(ii)Domestic scheduled air service on the routes JKIA/Wilson to/from
Mombasa/Kisumu/Eldoret/Kitale/Kakamega/Lokichoggio/Lodwar/Wajir/Man dera/Moyale/Malindi/Ukunda/Lamu/Mara/Amboseli/Lewa
Downs/Samburu/Nanyuki/Meru/Homabay
Mombasa to/from Ukunda/Malindi/Mara using aircraft CRJ100, DHC8, A319 and
MD82 based at JKIA, Moi Airport and Wilson Airport.
With immediate effect.
Aushaanair Limited, P.O. Box 4704-00506, Nairobi
Non-scheduled air services for passengers, cargo and mail within/out of/into Kenya to/from points in Africa and Middle East using FK50 based at Wilson and JKIA.
With immediate effect.
Africa One Limited, P.O. Box 1906-00606, Nairobi.
(i)Non-scheduled air services for passengers and freight within/out of/into Kenya to/from the rest of Africa.
(ii)Domestic scheduled air services on the routes: JKIA to/from
Mombasa/Kisumu/Eldoret/Malindi/Lokichoggio/Wajir using aircraft type
EMB145, B737 based at JKIA.
With immediate effect.
Ropat Union Limited, P.O. Box 67498-00200, Nairobi.
(i)Non-scheduled air services for passengers within/out of/into Kenya to/from
Eastern Africa
(ii)Aerial work service within Kenya
Using aircraft type; AS350 based at Wilson Airport.
With immediate effect.
Dated the 18th August, 2016.
GILBERT M. KIBE, PTG/086743/ 1 6-1 7
Director-General.
Dated the 18th August, 2016.
GILBERT M. KIBE,
PTG/086743/ 1 6-1 7 Director-General.