GAZETTE NOTICE NO. 7716

PURSUANT to section 37 of the Leadership and Integrity Act, 2012, the County Assembly of Samburu establishes this Leadership 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 Samburu 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 Assembly 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 Assembly of Samburu. Interpretation 2. In this Code, unless context otherwise requires— “Act” means the leadership and integrity Act, 2012; “Accounting officer” has the meaning and role assigned under the Public Finance Management Act, 2012; “Bank account” means an account maintained by a bank or any other financial institution for and in the name of, or in the name designated by, a customer of the bank or any other financial institution and into which money is paid or withdrawn by or for the benefit of the customer or held in trust for that customer and in which the transaction between the customers and the bank or other financial institution are recorded; “Business associate” means a person who does business with or on her behalf of a state officer and has express or implied authority from that state officer; “Code” means the leadership and integrity code for the Samburu County Assembly; “County Assembly” means County Assembly as defined in the County Government Act, 2012; “General code” means the code prescribed under part II of the Act; “Personal interest” means a matter in which a state officer has direct or indirect pecuniary or non-pecuniary interest and includes the interest of his/her spouse, child business association or agent; “Regulation” means the regulation made by Assembly pursuant to section 54 of the Leadership and Integrity Act, 2012; “Spouse” means a wife or husband; “State Officer” means a chairperson, Member or Secretary and the member of County Assembly of Samburu. Application of Code 3. This Code applies to State Officers in the County Assembly. Application of the Constitution of Kenya 2010, the Leadership and Integrity Act, 2012, the Public Officer Ethics Act 2003 and the Ethics and Anti-Corruption. Commission Act, 2011 4. (1) The provision of Chapter Six of the Constitution shall form part of this Code; (2) Unless otherwise provided in this Code, the provisions of the Public Officer Ethics Act and the schedule of the Ethics and Anti- Corruption Commission Act shall form part of this Code in so far as they conform to the provision of the leadership and integrity Act, 2012. State officer to sign Code 5. (1) A member of the County Assembly Service Board, elected or specially elected shall sign and commit to this code at the time of taking oath of office or within fourteen (14) days of assuming office. (2) A serving state Officer shall sign and commit to this code seven (7) days after gazettement of the Code. PART II- REQUIREMENT Rule of law 6. (1) A State officer shall respect and abide by the Constitution and the law. (2) State officer shall carry out the duties of his/her office in accordance with the law. (3) In carrying out the duties of his/her office, a state officer shall not violate the right and fundamental freedom of any person unless otherwise expressly provided for in the law and in accordance with Article 24 of the Constitution. Public trust 7. A state officer 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 County Assembly and the people The County Assembly of Samburu 8. Subject to the Constitution and any other law; a State officer shall take personal responsibility for the reasonably foreseeable consequences of any action or omissions arising from the discharge of the duties of his/her office. Performance of duties 9. A State officer shall, to the best of his or his/her ability— (a) carry out duties of the office efficiently and honestly; (b) carry out 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 Assembly. Professionalism` 10. A State officer shall— (a) carry out duties of his/her office in a manner that maintains public confidence and of the integrity of the office; (b) treat members of the public, staff and other state officers with respect to maintain public confidence and integrity of the office; (c) to the extent appropriate to the office, maintain high standards of performance and level of professionalism within the county Assembly; and (d) if the state officer is a member of a professional body, observed and subscribe to the ethical and professional requirement of that body in so far as the requirement do not contravene the constitution, any other law or this Code. Financial probity 11. (1) A state officer shall not use his or her office unlawfully or wrongfully to enrich himself or herself or for any other personal gains. (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 entity. (4) A state officer shall pay any taxes due from him or her within the prescribed period. (5) A State Officer shall not neglect their financial or legal obligations. Moral and ethical requirement 12. 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 to engage in activities that amount to abuse of office; (c) accurately and honestly represent information to the public; (d) not to 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 Assembly or any other person; (h) not engage in actions which would lead to the state officer’s removal from the membership of a professional body in accordance with the law; and (i) not neglect family or parental obligations as provided for under any law; (j) not commit offence and in particular, any of the offence under part XV and XVI of the penal code, sexual offence Acts,2006, the counter trafficking in persons Act, 2010, and the children’s Act, 2008. Gift or benefit in kind 13. (1) A gift or donation given to a state officer in a public or official occasion shall be treated as a gift or donation to the Assembly; (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 does not exceed an amount prescribed by the regulations under the Act or any other law. (3) A state officer shall not— (a) accept or solicit gifts, hospitality or other benefits from a person who— (i) is under investigation; (ii) has a contractual relationship within the Assembly (iii) has any interest that is directly or indirectly connected with the state officer’s duties; (b) receive a gift which has the potential of compromising his or her integrity, objective, or impartiality; or (c) accept any type of gift expressly prohibited under the Act. (4) Subject to section 13(2), a state officer who receives a gift or donation shall declare the gift or donation to Assembly within fourteen days of receipt of the gift. (5) The Assembly shall maintain register of all gifts received by state officers as provided for the regulations. Wrongful or unlawful acquisition of property. 14. A state officer shall not use the office to wrongfully or unlawfully acquire or influence the acquisition of property. Conflict of interest 15. (1) A state officer shall not use the best effort to avoid being in situation where his or her personal interests conflict or appear to conflict with the state officer’s official duties. (2) Without limiting the generality of subsection (1), a State Officer shall not hold shares or have any holdings of those shares or having interest that would result in a conflict of the state Officer’s personal interests and the Officer’s official duties. (3) A state officer whose personal interest conflict with their official duties shall declare the personal interests to the Assembly. (4) The Assembly may give directions on the appropriate action to be taken by the state officer to avoid conflict of interest and the state officer shall comply with the directions issued by the Assembly under this subsection and shall be in writing. (5) Notwithstanding any direction to the contrary under subsection (4), a state officer shall not award or influence the award of a contract to— (a) himself or herself; (b) the state officer’s spouse or child; (c) a business associate or agent; or (d) a corporation, private company, partnership or other body in which the officer has a substantial or controlling interest. (6) Where a state officer is present at a meeting where an issue which is likely to result in a conflict of interest is to be discussed, the state officer shall declare the interest at the beginning of the meeting or before the issue is deliberated upon. (7) A declaration of a conflict of interest under subsection (6) shall be recorded in the minutes of that meeting. (8) The Assembly shall maintain a register of conflict of interest in the prescribed form in which an affected state officer shall register the particular of the registrable interest, stating the nature and extent of conflict. 23rd September, 2016 THE KENYA GAZETTE (9) For the purpose of subsection (8) the registrable interests shall include— (a) the interests set out in the Second Schedule of the Acts; (b) any connection with a person or a company, by relation, friendship, holding of Shares or otherwise, which is subject of an investigation by the Assembly; (c) any Application for employment or form of engagement with the Assembly family members or friends of State Officer or by corporation associated with the State officer; (d) any application to the Assembly of family members or friends of the State Officer, for clearance with respect to appointment or election to any public office; (e) any other matter which, in the State Officer, taking into account the circumstances thereof, is necessary for registration as a conflict of interest. (10) The Assembly shall keep the register of conflict of interest for five years after the entry in each volume of the register. (11) The Assembly shall prepare a report of the registered interests within thirty days after the close of financial year. (12) State Officer shall ensure that an entry of registrable interests under subsection (7) is updated and to notify the Assembly of any changes in the registrable interests, within one month of each change occurring. Participation in tender invited by the Assembly 16. (1) A State Officer shall not participate in a tender for the supply of goods or services to the Assembly. (2) Notwithstanding Subsection (1), a company or entity associated with the State Officer shall not be construed as trading with the Assembly unless— (a) the State Officer has controlling shareholding in the company or entity; or, (b) the State Officer is a Director of the Company. Public collections 17. (1) A state officer shall not solicit for contributions from the Assembly or any other entity for a public purpose unless the President has, by notice in the Gazette, declare a national disaster and allow for public collection for the purpose in accordance with the law. (2) A State Officer shall not participate in public collection of funds in a way that reflect adversely on that State Officer’s integrity, impartiality or interfere with the performance of the official duties. (3) Subject to subsection (2), a State Officer may, with the approval of the Assembly participate in a collection involving a private cause; (4) Nothing in this clause shall be construed as prohibiting a State Officer from making voluntary contribution. Bank accounts outside Kenya 18. (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 he/she shall apply to the Ethics and anti- corruption Commission (EACC). (2) A State Officer who has reasonable grounds for opening or operating a bank account outside Kenya shall apply to EACC for approval to open or operate a bank account. (3) A State Officer who operates or control operation of a bank account outside Kenya shall submit statements of the account annually to the EACC 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 subsection (1) and (2), a person who is appointed as a state officer in the assembly and has a bank account outside Kenya shall, upon such appointment close the bank account within six months. (5) Subject to subsection (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 19. (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 interest of Kenya except when acting in the course of official duty. (2) For the purpose of this section— (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 foreign government, organization or individual. Care of property 20. (1) A state officer shall take all reasonable steps to ensure that public property in the officer’s custody, possession or control is taken care of and is in good repair and condition. (2) A state officer shall not use public property, funds or services that are acquired in the course of or as a result of the official duties, for activities that are not related to the official work of the state officer. (3) A state officer shall return to the assembly all the public property in their custody, possession or control at the end of term/appointment/contract period. (4) A State officer who contravene subsection (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 21. (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 non-financial. (2) A state officer shall not be deemed to have violated the requirement of subsection (1), if the information given is— (a) pursuant to a court order; (b) for purposes of educational, literary, scientific, or other purposes not prohibited by law; (c) in compliance with article 35 of the Constitution and the relevant law. Political neutrality (1) A state officer, shall not, in the performance of his/her duties— (a) act as an agent for, or further the interest 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) 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. Impartiality 23. A State Officer shall, at all-time carry out the duties of the office with impartiality and objectivity in accordance to 10, 27, 73(2(b) and 232 of the Constitution and shall not practice favoritisms, nepotism, tribalism, cronyism, religious bias or engage in corruption or unethical practices. Giving of advice 24. A State Officer who has duty to give advice shall give honest, accurate and impartial advice without fear or favor. Gainful employment. 25. (1) Subject to subsection (2), a full time State Office shall not participate in any other gainful employment. (2) In this section, “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 judgment of the State Officer in the execution of the functions of the office or results in a conflict of interest. Offers of future employment 26. (1) A State Officer shall not allow himself or herself to be influenced in the performance of their duties by plans or expectation for or offers of future employment or benefits. (2) A State Officer shall disclose, in writing to the Assembly, all offers of future employment or the benefits that could place State Officer in a situation of conflict of interest. Former State Office in the Assembly 27. A former State Officer shall not be engaged by the Assembly in a matter in which the State Officer was originally engaged in as a State Officer, for at least two years after leaving the Assembly. Misleading the public 28. A State Officer shall not knowingly give false or misleading information to any person. Falsification of records 29. A State Officer shall not falsify any record or misrepresents information to the public. Conduct of private affairs 30. A State Officer shall conduct their private affairs in a manner that maintain public confidence in the integrity of the office. Bullying 31. (1) A State Officer shall not bully another State Officer, a member of staff or any other person— (2) For purpose of subsection (i), “bullying” includes repeated offensive behavior which is vindictive, cruel, and malicious or humiliating whether or not is intended to undermine a person. Acting through others 32. (1) A State Officer shall not— (a) cause anything to be done through another person that would constitute a contravention of this code, the constitution or any other law if done by the State Officer; or (b) allow or direct a person under their supervision or control to do anything that is in contravention of this code, the constitution or any other law. (2) Subsection (1) (b) shall not apply where anything is done without the State Officer’s knowledge or consent or if the State Officer has taken reasonable steps to prevent it. (3) A State Officer who acts under an unlawful direction shall be responsible for his or her actions. Reporting improper orders 33. (1) If a State Officer consider that anything required of them is in contravention of the Code or is otherwise improper or unethical, the State Officer shall report the matter to the Assembly. (2) The Assembly shall investigate the report and give an appropriate action within ninety days of receiving the report. Confidentiality 34. 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 custody to any unauthorized person. Duty to prevent occurrence of corruption or unethical practice in the Assembly 35. A State Officer who believes or who has reason to believe that a corruption act or unethical malpractice has occurred or is about to occur in the Assembly shall take all necessary measures to prevent it from continuing or materializing in addition to any other appropriate action. Promotion of ethics, integrity and best practices in the County Assembly 36. A State Officer in the County Assembly shall collectively and individually take measure to ensure that the Assembly uphold and practice the highest attainable degree of integrity in the performance of their duties. Dress Code 37. A State Officers shall maintain appropriate standard of dress and personal hygiene at all time. Breach of Code 38. (1) Any person may lodge a complaint alleging a breach of this code by State Officer; to the public entity and anyone mandated body. (2) Breach of this code amount to misconduct for which the Officer may be subjected to disciplinary proceedings including removal from office. (3) Where a breach of this Code amounts to a violation of the constitution, the State Officer may be removed from office in accordance with Article 95 (5) (a) and or 251 of the Constitution. (4) A person alleging a breach of this code, other than a breach under Article 251 of the constitution, may submit petition setting out alleged violation to the speaker. (5) The Clerk shall submit the petition under subsection (4) to the speaker who shall constitute independence Review Panel to inquire into allegations contained in the petition in accordance with section 51 of the Act. (6) At the close of inquiry, the Independent Review Panel Shall take appropriate disciplinary action against the State Office or where it does not have the power to take action will refer the matter to the appropriate body or a person who is vested with such power to take action against the State officer. (7) A person dissatisfied with the decision of the Independence Review Panel may apply for review of the Panel’s decision within fifteen days of the decision. Implementation of the code 39. Each State Officer shall take personal responsibility for compliance with the provision of this Code. Review 40. The code shall be reviewed at such intervals as the County Assembly may determine. Signed…………… ………………………… Dated this………… ………………Day of………………20……. ......................................... .................................. Speaker Clerk County Assembly Service Board County Assembly of Samburu COMMITMENT TO THE LEADERSHIP AND INTERGRITY CODE OF THE COUNTY ASSEMBLY OF SAMBURU I………………………………………………………………….holder of National ID/passport No.………… …………………………and Post Office Box No…………… ………………………… ……having been Appointed/elected as a member /specially elected/chairperson/Secretary/Chief Executive Officer confirm that I have read and understood the leadership and integrity Code for the County Assembly of Samburu and commit to abide by the provisions of the code at all times. Sworn at………………………….. .... } By the Said……………................} ................................} Deponent This……………………day of…………………………20………} Before Me Commissioner for Oaths/ Magistrate } MR/9821155 23rd September, 2016 THE KENYA GAZETTE