GAZETTE NOTICE NO. 87

pursuant to the provisions of Section 37 of the lradership and Integrity Act,2012 and !o 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 I - PRELIMINARY PROVTSIONS Citation 1. This code may be cited as the Leadership and Integrity Codc for State Officers in the County Assembly of Kisii. Commencement 2. This Code shall come into operation within upon publication in the Kenya Gazette. Interpretation 3. In this code, unless the context otherwise requires- "Act" means the kadership and Integrity Acq20l2; [No. 19 of 20t2l "Accounting Officer" means the Clerk of the County Assembly; "Assembly" means the County Assembly of Kisii or a Commice of the County Assembly; "Bank Account" has the meaning assigned to it under section 2 of the Act; "Code" means the [radership and Integrity Code for State Offrccrs in the Kisii County Assembly; "Commission" means the Ethics and Anti-Comrption Commisrim established under section 3 of the Ethics and Anti-comrption commission Act, No. 22 of 2Ol7; "Offlce" means the County Assembly or a Comminee of thc County Assembly; "Personal Interest" means a matter in which a State Officer hes r direct or indirect pecuniary or non-pecuniary interest and includes thc interest of his or her spouse, child, business associate or agent; "Presiding Offircer" means the Speaker of the County Assembly or his designate; "Public Officer" has the meaning assigned to it under Aniclc 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 ofFrce at thc i time of commencement of this Code; and "State Officer" means a Member or Public officer of the County ] Assembly of Kisii. Application of the Code 4 (1) The provisions of Chapter Six of the Constitution, thc Leadership and Integrity Act, the Public Officer Ethics Act 2003 shall ' form part of the code; and 4 (2) This code applies to all state officers in the Kisii County Assembly. Commitment to the Code 5 (1) A State ffiicer elected to the County Assembly shall sign md commit to this Code at the time of taking oath of office or within scvcn days of assuming office; (2) A serving State Officer shall sign and commit to this Co& within seven days of the publication of the Code in the Gazette; and (3) The declaration of commitment to the Code shall take the form erd structure set out in the First Schedule to this Code. PART II_REQUIREMENTS Rule ofLaw 6 (l) A State Officer shall respect and abide by the Constitution md all other laws; (2) A State Officer shall carry out the duties of his or her officc in accordance with the law; and (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. l ( I I i l i i I l I 1 t t , I 6th January,2017 THE KENYA GAZETTE l9 I i . t I ) I Public trust 7. A State Office is a position of public trust and the authority and responsibility vested in a State Ofticer shall be exercised by the State Officer in the best interest of the office and the people of Kenya. Re spons ibility and dutie s 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. 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 truthfirlly on all maners of t}re 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 ofFrce; (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) If the State Officer is a member ofia professional body, observe and subscribe to the ethical and professional requirements of that body in so far as the requirements do not contravene the Constiotion, any other law or this Code. Confidentiality I l. A State Officer shall- (a) 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 integrily 12 (l) A State Officer shall not use his or her office to unlawfully or wrongfully enrich himself or herself or any other person; (2) Subject ro 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 thiny days of assuming office 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 subsection (3) shall be submitted to the County Assembly Service Board; (5) A declaration filed by a State Officer in accordance with the provisions of subsection; (6) shall be accessible to the Commission and any other person, subject to the provisions of Sectron 30 of the Public Officer Ethics Act,2fi)3; (7) A State Officer shall pay any taxes, loans or other debts due from him within the prescribed period; and (8) A State Offic'er shall not neglect their financial, family or other legal obligations. Moral and ethical requirements 13 (l) A State Officer shall observe and maintain the followrng ethrcal 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 offrce; (c) Accurately and honestly represent information to the public; (d) Not engage in wrongful conduct in furtherance of personal benefit; (e) Not misuse public resources; (f; Not falsify 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 Officer's 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-TrafFrcking in Persons Act, 2008, and the Children Act; () Not engage in fighting or physical confrontation with any person; and (k) Maintain high standards of etiquette at all times; (2) A person who wishes to b" "l""i"d 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; and (3) A state officer shall maintain high standards of etiquette at all times. Gifts or benefits in kind 14. (l) 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 offrce; (2) Notwithstanding subsection (1) a State Officer may receive a gift given to the State Officer in official capacity, provided that- (a) The gift is within the ordinary bounds of propriery, a usual expression of courtesy or protocol and within the ordinary standdrds of hospitality; (b) The gift is not monetary; and (c) The gift does not exceed the value of Kenya Shillings twenty thousand or such other amount as may be prescribed by the Commission throu gh 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 ury -utt", under consideration by the Assembly; (ii) Has a contractual relationship with the office; and (iii) Has any interest rhat 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 donabon shall declare the gift or donation to rhe Presiding Officer within seven days of receipt of the gift; and (5) The Office shall maintain a register of all gifts received by the state Officers serving in the Office and another register of all gifts given by the office to other State or Public Officers. Wrongfiil or unlawful acquisition of property 15. A State Officer shall not use rhe office to wrongfully or unlawfully acquire or influence the acquisition of public or other property 20 THE KENYA GATBTTE 6th January,2017 Confiict ofintercst 16 (l) A Sta0e OfEcer shall use the best efforts to avoid being in a conflict of intercst in a situation where his or her personal interests conflict or appear to conflict with the State Offrccrs official duties; (2) Without limiting thc generality of subsection (1), a State Officcr shall not hold shares or have any other interest in a corporation, prrtncrship or other body, directly or through another person, if holding thoac sharcs or having that interest would result in a conflict of the Statc Officers and the officers official duties; (3) A State Officer whose personal intercst's conllict with their official duties shall declare the pcrsonal interest to the office; (4) The Offrce may give directions on the aPproPriatc action to bc takcn by the Stat officer to avoid the conflict of interest and the Stat€ Officcr shall comply with the directions, and refrain from participating in any delibcrations with respect to the matter; (5) Any direction issued by the ofiFrcc under subsection (4) shall bc in writing; (6) Notwithstanding any directions to the contrary under subsection (4) r Strtc Offic€r shall not influencc the award of a contract to- (r) Himsclf or herself; (b) Thc State Officers spouse or child; (c) A business associate or agent; or (d) A corporation, private company, partnership or othcr body in which thc ofEcer has a substantial or controlling intcrest; (7) Where a State Officer is present at a mccting, and an issue which is likely to result in a conflict of intcrest is to be discussed, thc StaE Officet shall declare the interest at the beginning of the mceting or beforc thc issuc is deliberarcd upon; (8) A dcclaruion of a conflict of inrcrest under subscction (7) shall bc rccordcd in thc minutes of that meeting; (9) Thc Officc shall meintain a register of conllicts of intcrcst in thc prcsctibed fqm in which an affected State Officer shdl rtgister the prrticulars of thc registrable interests, stating the nature and extent of thc conflict; (lO) Fo puposes of subscction (9), the rcgistrablc interests shell includc- (r) Thc inlcrests sct out in the second schcdule of the Act; (b) Any oonnoction with a person, firm or a company, whcther by rcl*ion, fricndship, holding of shares or othcrwise, which is rubjrxt of ra investigation by thc Commissioni (c) Any rpplicrtion for omployrnent or other form of engagcment with tlrc offrce by a family mcrnber or fricnd of the State Offrccr or by a law firm or corporation associat€d with the Starc Ofrtccr; (d) Any rppticuiotr to the offiee, by a family rnembcr or friend of thc SUfc Officer, for clearurce with respcct to ap,poinEnent or clectirm o any public office; and (c) Any otbs matGr which, in thc opinion of thc Statl Offficer, trkirB ido accou[t the cfucumstanccs thcrcof, is necessary for regi#rdoa rs e conflict of intcrest. (ll) Thc Offic.e shall keep thc rcgister of conflicts of intcrcst for fivc ycan aftcr thc last cntry in cach volumc of the esistcr; (12) Thc Offrce shall Preparc ! report of tbc registcred interests within thirty drys aftcr the close of a financid ycar; md (13) A Stlte Offrccr shall ensure that en entry of ttgistrrblc intcrcstc under subscction (9) is updatcd and to notify thc of6cc of any changes in thc rtgistrablc interests, within one month of each change occurring. Participation in tcnders invircd by the office l7 (l) A State Officer shall not pafiiciPate in r tendcr for thc supply ofgoodc or scrvices to thc office. i i (2) Notwithstanding subsection (l) a compeny or cntity rsrairrcd with the State Officer, shall not be construed as trading with thp offlrcc, unless- (a) The State OfFrccr has a controlling sharcholding in thc compnny or entity; or (b) Thc State Officer is a director of the compeny; or (c) The State OfFtcer is a managing partncr in e len'firm providing scrvices to the ofFtce. Public Collcctions l8 (l) A State Officrr shall not solicit for contributions from tho office or any othcr pennn or, public entity for e public purposc unl,esr thc Presidcnt has, by notice in thc Gazette, dcclarcd e national disestcr and allowcd a public collection for the purpose of the ndionel disascr in accordancc with thc law. (2) A Statr Officcr shall not participatc in a public collection of funds in a wey that reflects rdverscly on thc Statc O'fficers' integrity' impartiality or intcrfercs with thc Performance of the ofhcial dutbs. (3) Nothing in this clause shall be consmrcd as prohibiting e Strrc Offrcer ft,onr making volunary contribution. Bank accounts outside Ketrya 19 (1) Subject to Article 76{:2 of the Constitution or eny otlrcr written lrw, e Surc Officcr shdl not open or continuc to operrtc r brnl( rccornt outsidc Kcnya without thc epprovd of tbe Commission; (2) A State Offic.er who has rcasonablc grounds for opeaing or opcnting a bank account outside Kenya shall ap,ply to thc comrnissiott for approval to open or opcmtc a bank account outsidc Kcnya; (3) A State Offrcer who operatcs or controls thc opcration of a brnl rcomnt outsidc Kenya shdl submit statcnrcnts of the account rnnually to the commission rnd authorizc thc comrnission to vcrify thc suEmcnts and arry other rclcvant information from thc foreign finrnciel institution in which the rccount is hcld; (4) Subjrxt to subscction (l) urd (2), a pcrson who is rppointcd es e Sffi Officcr in thc ofEcc and hrs a bant account outsidc Kcnyr shdl' upon such appointment closc the bank accomt within 3 months or suc'h other period as the Commission may prcscribe by noticc in the Gezcnc; .nd (5) Subjcct to subscction (4) a Sorc officcr mry opcn or cootinuc to opcrar r brnt account outside Kcnyl as mry bc ruthorizal by tb Codmittce. Actingfur furcigners 20 (l) A State Offrcer shdl not bc an egent of, or ftuthcr th interests of a for,cign govcmrnent, organization or individrrd io r manncr thrt mry bc &uimcntd to the sccurity intcrerts of Kcnyr' except whcn rcting in tre course ofofEcial duty; (2) For ttrc purposcs of this subrection- (e) An individual ic r foreigncr if the individual is not a citizen of Kcnya; and O) An organizrtion is foreign if it is cstabliehcd orruidc Kcoyr; or is owncd or controllcd by a foreigrr govcmrrcnt, orgrniz*tion tr individual. Carc oJpropcrty 2l (l) A Statc Officcr shall takc ell rpasonrble strps to ctrlure thrl public propcrty in his or hcr custody, pocrcreion or control ir taken cers of rnd is in good repait rnd Condition; (2) A Strtc OfFrcer shall not usc ptblic propcrtyr firnds or rcrviccr tlrrt are acquired in thc course of or as a result of the off,rciel duticl, for private rctivitics of activities thst are ro[ rclrtcd to thc officirl work of the Sutc Offrcer; (3) A Strte Off,rcer shell rcfirn to tlrc offlrce all thc pt6lic piloPcrty in his or lrcr custody, posscssion or conhol et thc cnd of thc elcctlm or contr.ct term; end (4) A St$e Offrcer wbo contrrvcncs subscctior (2) or (3) shdl' io rddition to rny othcr penaltics provi&d fu under $c Conrtia$ion' frc I I il 6th January,2017 THE KENYA GAZETTE 2t l ) I \ Act or my othcr law, bc pcrsonally liable for any loss or damagc to the public propcrty. Misute of offrcial infomution 22 (l) A Starc Officer shall not directly or indirectly use or allow ony p"t*,n urder thc offrcer's authority to usc rny Infonnation oUi.iila through or in connection with ttre office, which is not avaihblc in ttreluUic domain, for thc firrthcring of any privete intcrest' whcthcr finarcial or otherwise; (2) A Strte OfFrccr shall not be dccmed to have violarcd the rcquirerncnts of subscction (l), if ttre infornntion given - (a) Pursuent to a court ordcr; @) For purposes of educational, rescarch, literary, scientifrc or ottrer purposcs not prohibitcd by law; or (c) In compliance with Article 35 of thc Constitution and the relevant law. Inpartiality 23. A State Offrcer shall, at all times, crrry out thc duties of the Officc with imPartiality and obi:ctivity in accordancc with principles rnd velues sei out in Articles 10, 27, 73 (2) (D) and 232 of the CoostiMon and shall not practice favouritism, ncpotism, ribdism' cronyism, religious bies or cngage in other prefeyyial treatmcil of rnodcr Stae Offrcer, Public Offrccr or a mcmbcr of the pblic' Giving of advice 24. A Stste Officer who has a duty to give advice shell give honcst, rccurate urd impartial advice without fcar or favour' Oficrs of futurc EmP loYrcnt 25 (l) A Srrre Offcer slrall not allow himself of herself o be idhe;ed in thc performancc of his or hcr duties by plens m expoctations for or offcrs of frrture cmployment or benefrts; tnd (2) A State OfEccr shall disclosc, in writing, to thc Commissilm' aff otfcrs of future eurploymcnt or bcncfits that could place the Strtc Officcr in a siturtion of conflict of interest. Fonatr stdc Oficcr acting in a goverr*acnt or public ffice 26. A former Starc Officer shall not be engaged by the Officc in e nrltcr in which thc State Oftic.er was originally engagcd in as a Strtc ffiiccr. for rt least two yean rftcr lcaving the oflice' Miskdingtlv Public 27. A Stalc Officcr shall not knowingly give false or mislceding information to any Person' F als ifi c atio n of Re c o rds 2E. A State Officer shall not falsify any records or misrep'resent iaforra*ion to ttre Pubtic Condltct of prfuate ffiirs 29. A Stale Officcr shall conduct their private affairs in e manner that maiatains public confidence in the integrity of the officc' Bullying 30 (l) A St te Officer shell not b'ully anothcr St'te or Public Officer u any othcr person; and (2) For purposcs of subsection (l) "bullying" includes blackmail' .ocrcio", thre.t*, intimidation or rcP€ated offensive behaviour which is virdictive, cruel, malicious or humiliating whether or not is intended to undermioe a pcrson and includcs physical assault' Acting through Others 3l (l) A State Officer shall not- (a) Causc 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 thai is in contravention of this Codc, the Constitution or anY other law; and (2) Subsection (l) (D) shall not aPPly where anything is !9ne witfrout thc State Ofdccr's knowledge or conscnt or if the State OfEcer hrs takcn rcasonablc steps to prevent it. Reportin g imP r oPer or de r s 32 (1) If a State Officer considers that anything rcguired of him or hcr is in contravcntioa of thc Code or is otherwise improper or uncthicd, thc State Off,rcer shall rcport thc mattcr to the Commission; and (2) The Commissi,on shall investigate the report and takc eppropriate action within nincty days of rccciving the report' Duty to prcvent Occurrence oJ corruption or unethicol Practice in tltr ofrcc 33. A Strtc Ofrrcer who believes or has reason to bclievc' t comryt act or uncthical malpractice has occurred; or is about to occur in the off,roe shall, take ell-neccssary measules to Prcvent it from continuing or matcrializing in addition to any other eppropriatc action' Usc oJ Social Media 34. A Statc'OfEcer shall not use social npdie in e manncr thrt is prcjudicial to public interest, national cohesion or that otherwise constitutes a breach of anY law Dress code 35. A State OfFrccr shall maintain appropriate standrd of dress md personal hygiene at all times. Political ard othcr Influence 36 (l) A State Offrcer shall exercise independence in the dischrge of his duties and shall not allow hirnself to be sublrted to politicd or ;t dhtt intemal or exErnal influence that is detrimental to ptblic interest; (2) a Statc Officer shall not influerrce ot attempt to inlluence thc d€ciion of any otlrer Stetc or Public OfFrcer or public entity on rny matt€r; and (3) A State OfEcer shell not in any wey inerfcrc with thc dutios of any other State Offlrcer Public Officer or public cntity' Provisions relating to irnPlementation of proiects 37 (l) A State Officer shall in ttre exercise of oversight ovcr iupi"trrcntution of Projects not interfere with such imPlemcntation in iny way; (2) A State Of{icer shall not inlluence the undertaking of any proirct without prior planning or budgeting; (3) A Statc Offrcer shall not demand or accept any kickbacks' gifts' benchis o. other favours from contractors or other pers'ons or entiths ub are engaged in implementation Projects; (4) A St te Officer shall not compromise or abet comprising of standards of anY Project; and (5) A Stat€ Officer shall, subject to the law, disclose all relcvant infomation regarding any Project to any Person requiring such information. Preftrential treatnent 38. A State Officer shall ensure equal and equitable distribution of rcsources to all persons and any sectinn of the population in his arce of jurisdiction and shall not confer any undue advantage to any pcrson or section of the PoPulation. PART III_ENFORCEMENT OF THE CODE 39 (l) any Person m.y lodge a complaint alleging e breach of this code by a Stite Officer to the Office or to the commission; (2) Breach of this Code amounts to misconduct for which thc Strtc Omilt.uy be subjected to disciplinary proceedings including removal from office; (3) Wherc a Breach of this code amounts to violation of thc Constitution. the State Officer may be removed from the o{ficc in accordance with the applicable laws; (4) Where an allegation of breach is made to the Office, thc pcrson attcging the breach shall submit a petition setting out-the grounds end facti oithe alleged violation to the Presiding Officer of the Offrce; I l i I i t (5) Upon receipt of the Complaint, the Office shall register and carq/ out investigations into the complarnt, and may take acti6n against the State Officer :q .,ccordance with the Act, Standing Orders of the Assembly, any Regulatrons made by the Commission u-nder the Act or other law that for the time being govems the conduct of State Officers in the Assembly; ^ - 101 11 upon investigation into the alleged breach of the Code, the Office is of the opinion that civil or criminal proceedings ought to be preferred against the respective State Officer, it shall re-fer 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 lnade 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; and .(8) Notwithstanding subsection (5), the Commission may, subject to th€ law, take any additional action it deems appropriate in relation to any breach of the Code or require the Office to-take any action agatnst a State Office who has breached the Code. Victimization 40. A State OfFrcer shall not in any way victimize any other State Off,rcer or Public Officer or any other person for any lawful action or omission. ?uty of Presiding Officer and Accounting Officer to comply with directives of the Commission in implementation of the Code 41. The Presiding Officer nr Accounting Officer of the Office shall at all times comply with snch ord,^.; or .lirectives as may be issued by the Commissicm from time to iime towards the implementation and enforcement of this Code. PART IV _ GENERAL PROVISIONS Advisory opinion 42. A State Officer or the office may request the Commissron to give an advisory opinion on any issue relating io, 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 wrth the ethics and iniegrity 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 oi public officers; (d) The application of this Code; (e) An ethical dilemma; or (0 Any other matter incidental to the promotion of the ethics and integrity of State Officers and publC officers generally. Training on lzaderEhip and Integrity 43. The office shall collaborate with the Commission to ensure that the .S.tat: Officers and public officers serving in the Offrce are sensirized on leadership and integrity issues at leait once a ycar. Personal responsibility Jor compliance 44. Each State Officer shall take personal responsibility on compliance with the provisions of this Code. Annual Report 45. The Authorized Office or his designate shall cause to be prepared and submitted to the Commission an Annual Report on the Eogress made in implementation and enforcement of the Code in a prescribed format by the Commission. Anendment of the Code 46 (1) The County Assembly may amend this Code as it may deem necessary (2) Notwithstanding subsection (1), any amendment made to the Code shall be submitted to the Commission ior approval. FIRST SCHEDULE ISecrion 5(3)] COMMITMENT TO THE LEADERSHIP AND INTEGRITY CODE FOR STATE OFFICERS IN THE KISII COUNTY ASSEMBLY I................... ...........ho1der of National ID/Passport No...................,................and post Office Box No. having been elected as in the County Assembly of Kisii, do hereby confirm that I have read ard understood the Leadership. and Integrity Code for Stare Officers in the County Assembly. of Kisii, and hereby solemnly declare and commit myself to abide by the provisions of t_tre Code at all times. SIGNED at..... ..........- By the said ) Deponent Before Me ) .. ... ... .... ) Judgel Magistrate/ Commissioner for Oaths PRESCRIBED for the State Officers in the County Assembly in accordance with the provisions of section 37 of the Leadership-and lntegrity Act,2}l2. At.................this.....................dayof...........................2016 SPEAKER OFTHE COUNTY ASSEMBLY MRt2694ffi3