GAZETTE NOTICE NO. 2815

PURSUANT to the provisions of section 37 of the Leadership and Integrity Act, 2012, which provides for the establishment of specific codes by every public entity, the County Assembly of Siaya has established its own specific leadership code in line with the law, and to provide for a Code specific to the legislative institution. PART I— STATEMENT OF INTENT A Leadership and Integrity Code for Members of the County Assembly of Siaya 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 Members 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 11—PRELIMINARY PROVISIONS Citation This Code may be cited as the Leadership and Integrity Code for Members of the County Assembly of Siaya. Commencement This Code shall come into operation within seven (7) days of its publication in the Kenya Gazette. Interpretation In this Code, unless the context otherwise requires— "Act" means the Leadership and Integrity Act, 2012 [No. 19 of 2012] "Accounting Officer" means the Clerk of the County Assembly "Assembly" means the County Assembly of Siaya, including a Committee of the County Assembly "Bank Account" has the meaning assigned to it under section 2 of the "Code" means the Leadership and Integrity Code for Members of the County Assembly of Siaya. "Commission" means the Ethics and Anti-Corruption Commission established under section 3 of the Ethics and Anti-corruption commission Act, No. 22 of 2011; "Office" means the County Assembly, including a Committee of the Assembly "Personal Interest" means a matter in which a State Officer has a direct or indirect pecuniary or non-pecuniary interest and includes the interest of this or her spouse, child, business associate or agent; 24th March, 2017 - THE KENYA GAZETTE 11.87 "Public Officer" has the meaning assigned to it under Article 260 of the Constitution "Regulations" means the Regulations made by the Ethics and Anti- Corruption commission pursuant to section 54 of the Act; "Serving State Officer" means a State Officer, in this case a Member of the County Assembly, who is in office at the time of commencement of this Code. "State, Officer" means a Member of the County Assembly Application of Chapter Six of the Constitution, the Leadership and Integrity Act, 2012 and the Public Officer Ethics Act, 2003 4. The provisions of Chapter Six of the Constitution, the Leadership and Integrity Act and the Public Officer Ethics Act, 2003 shall form part of the Code Commitment to the Code 5. (1) A Member of the Assembly shall sign and commit to this Code at the time of taking oath of office or within seven (7) days of assuming office. A serving Member shall sign and commit to this Code within seven days of the publication of the Code in the Gazette. The declaration of commitment to the Code shall take the form and structure set out in the First Schedule to this Code. The Principles of Public Life 6. Members of the Assembly should observe the Seven Principle of Public Life. These principles will be taken into consideration when any allegation of breaches of the provisions in other Sections of the Code is under investigation and should act as a guide to Members in considering the requirement to act always on their personal honour: Selflessness: Holders of public office should act solely in terms of the public interest. Integrity: Holders of public office must avoid placing themselves under any obligation to people or organisations that might try inappropriately to influence them in their work. They should not act or take decisions in order to gain financial or other material benefits for themselves, their family, or their friends. They must declare and resolve any interests and relationships. Objectivity: Holders of public office must act and take decisions impartially, fairly and on merit, using the best evidence and without discrimination or bias. Accountability: Holders of public office are accountable to the public for their decisions and actions and must submit themselves to the scrutiny necessary to ensure this. Openness: Holders of public office should act and take decisions in an open and transparent manner. Information should not be withheld from the public unless there are clear and lawful reasons for so doing. () Honesty: Holders of public office should be truthful. (g) Leadership: Holders of public office should exhibit these principles in their own behaviour. They should actively promote and robustly support the principles and be willing to challenge poor behaviour wherever it occurs. PART TI—REQUIREMENTS 7. A Member shall respect and abide by the Constitution and all other laws. A Member shall carry out the duties of his or her office in accordance with the law. In carrying out the duties of his or her office, a Member shall not violate the rights and fundamental freedoms of any person. Public Trust 8. A State Office is a position of public trust and the authority and responsibility vested in a Member of the County Assembly shall be exercised by the Member in the best interest of the Assembly and the people of Kenya. Responsibility and Duties Subject to the constitution and any other law, a Member 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 A Member shall, to the best of his or her ability— carry out the duties of the office efficiently and honestly; carry out the duties of the office in a transparent and accountable manner; keep accurate records and documents relating to the functions of the office; and report truthfully on all matters of the office. Professionalism I l.AMember shall—. carry out the duties of his or her office in a manner that maintains public confidence in the integrity of the office treat members of the public, staff and other state and public officers with courtesy and respect; to the extent appropriate to the office, maintain high standards of performance and level of professionalism within the office; and if the Member 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. Financial Integrity 12. (1) A Member shall not use his or her office to unlawfully or wrongfully enrich himself or herself or any other person. Subject to Article 76(2) (b) of the Constitution a Member of the Assembly shall not accept a personal loan or benefit which may compromise the Member in carrying out his or her duties. A Member 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 declarationwithin (30) days of ceasing to be a Member of the Assembly. The Declaration under sub-paragraph (3) shall be subMitted to the Counfy Assembly Service Board. A declaration filed by the Member 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. A Member shall pay any taxes, loans or other debts due from him within 'the-prescribed period. A Member shall not neglect their financial, family or other legal obligations. Moral and Ethical Requirements 13. (1) A Member shall observe and maintain the following ethical and moral requirements— demonstrate honesty in the conduct of his or her public and private affairs; not to engage in activities that amount to abuse of office; accurately and honesty represent information to the public; not engage in wrongful conduct in furtherance of personal benefit; not misuse public resources; 09 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; not engage in actions which would lead to the Member's removal from the membership of a professional body in accordance with the law: 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; not engage in fighting or physical confrontation with any person; and maintain high standards of etiquette at all times; (2) A person who wishes to be elected to the Office 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 Gifts or Benefits in Kind 14. (1) A gift or donation given to a Member on a public or official occasion shall be treated as a gift of donation to the office. (2) Notwithstanding subparagraph (I) a Member may receive a gift given to him or her in official capacity, provided that— the gift is within the ordinary bounds of propriety, a usual expression of courtesy or protocol and within the ordinary standards of hospitality; the gift is not monetary; or 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 Member shall not accept or solicit gifts, hospitality or other benefits from a person who— (a) has an interest in any matter under consideration by the Assembly (6) has a contractual relationship with the office; (c) has any interest that is directly or indirectly connected with the Member's duties: receive a gift which has the potential of compromising his or her integrity, objectivity or impartiality: or accept any type of gift expressly prohibited under the Act. (4) A Member who receives a gift or donation shall declare the gift or donation to the Speaker of the Assembly within seven (7) days of receipt of the gift. (5) The Clerk of the Assembly shall maintain a register of all gifts received by the Members serving in the Office. Wrongful or Unlacful Acquisition of Property 15. A Member shall not use the office to wrongfully or unlawfully acquire or influence the acquisition of public or other property. Conflict of Interest 16. (1) A Member 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 his or her official duties. (2) Without limiting the generality of subparagraph (1) (3) a Member 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 Member and his or her official duties. (3) A Member whose personal interests conflict with their official duties shall declare the personal interest. (4) The Speaker or a Chairperson of a Committee may give directions on the appropriate action to the taken by the Member to avoid the conflict of interest and the Member shall comply with the directions, and refrain from participating in any deliberations with respect to the matter. (5) Any direction issued by the Speaker or a Chairperson of a Committee under sub paragraph (4) shall be in writing. (6) Notwithstanding any directions to the contrary under subparagraph (4) a Member shall not influence the award of a contract to- himself or herself; the Member's spouse or child; a business associate or agent, or a corporation, private company, partnership or other body in which the officer has a substantial or controlling interest. (7) Where a Member is present at a meeting, and an issue which is likely to result in a conflict of interest is to be discussed, the Member 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 Assembly shall maintain a register of conflicts of interest in the prescribed form in which an affected Member 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— the interests set out in the second schedule of the Act; any connection with a person, firm or a company, whether by relation, friendship, holding of shares or otherwise; any application for employment or other form 1f engagement with the Assembly by a family member or friend of the Member or by a law firm or corporation associated with the Member: any application to the Assembly, by a family member or friend of the Member, for clearance with respect to appointment to any public office; any other matter which, in the opinion of the Member, taking into account the circumstances thereof, is necessary for registration as a conflict of interest. (11) The Clerk of the Assembly shall keep the register of conflicts of interest for five years after the last entry in each volume of the register. (12) The Clerk of the Assembly shall prepare a report of the registered interests within thirty days after the close of a financial year. (13) A Member shall ensure that an entry of registrable interests under subparagraph (9) is updated and to notify the Clerk of the Assembly of any changes in the registrable interests, within one month of each change occurring. Participation in Tenders In cited by the Office (1) A Member shall not participate in a tender for the supply of goods or services to the office. (2) Notwithstanding subparagraph (1) a company or entity associated with the Methber shall not be construed as trading with the office, unless— (a) the member has a controlling shareholding in the company or entity; or (h) the member is a director of the company: or (c) the member is a managing partner in a law firm providing services to the office: Public Collections (1) A Member shall not solicit for contributions from other members or any other person or public entity for a public, purpose unless the President has, by notice in the Gazette, declared a national disaster and allowed a public collection for the purpose of the national disaster in accordance with the law. (2) A Member shall not participate in a public collection of funds in a way that reflects adversely on the Member's integrity, impartiality or interferes with the performance of official duties. - (3) Nothing in this clause shall be construed as prohibiting a Member from making voluntary contribution. 24th March, 2017 THE KENYA GAZETTE 1189 Ba;ik Accounts outside Kenya 19. (1) Subject to Article 76(2) of the Constitution or any other written law, a Member shall not open or continue to operate a bank account outside Kenya without the approval of the Commission. A Member 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. A Member 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. Subject to subparagraph (1) and (2), a Member who has a bank account outside Kenya shall, upon being sworn in close the bank account within three (3) months or such other period as the Commission may prescribe by notice in the Gazette. Subject to subparagraph (4) a Member may open or continue to operate a bank account outside Kenya as may be authorized by the Commission in writing. Acting for Foreigners 20. (1) A Member shall not be an agent of, or further the interests of a foreign government, organization or individual in a manger that may be detrimental to the security interests of Kenya, except when acting in the course of official duty. (2) For the purposes of this paragraph - (a) an individual is a foreigner if the individual is not a citizen of Kenya; and (h) 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 21.. (1) A Member 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. A Member 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 Member. A Member 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. A Member 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 22. (1) A Member shall not directly or indirectly use or allow any person under the officers authority to use any information obtained through or in connection with being a Member of the Assembly, which is not available in the public domain, for the furthering of any private interest, whether financial or otherwise. (2) A Member shall not be deemed to have violated the requirements of subparagraph(]), if the information given- pursuant to a court order; - for purposes of educational, research, literary, scientific or other purposes not prohibited by law; or in compliance with Article 35 of the Constitution and the relevant law. Impartiality 23. A Member shall, at all times, carry out parliamentary duties 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 Public Officer or a member of the public. Giving of Advice 24. A Member who has a duty to give advice shall give honest, accurate and impartial advice without fear or favour. Offers of Future Employment 25. (1) A Member shall not allow himself of herself to be influenced in the performance of his or her duties by plans or expectations for or offers of future employment or benefits. - (2) A Member shall disclose, in writing, to the Commission, all offers of future employment or benefits that could place the Member in a Situation of conflict of interest. Former Member of the County Assembly acting in a Government or Public Of 26. A former Member shall not be engaged by the Assembly in a matter in which the Member was originally engaged in as a Member, for at least two years after leaving the office. Misleading the Public 27. A Member shall not knowingly give false or misleading information to any person. Falsification of Records 28. A. Member shall not falsify any records or misrepresent information to the public. Conduct of Private Affairs 29. A Member shall conduct their private affairs in a manner that maintains public confidence in the integrity of the Assembly. Bullying 30. (1) A Member shall not bully another public officer or any other person. (2) For purposes of subparagraph (I) "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 Victimization 31. A Member shall not in any way victimize any other public officer or any other person for any lawful action or omission Acting through Others 32. (1) A Member shall not— 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 Member; or 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) Subparagraph (1) (b) shall not apply where anything is done without the Member's knowledge or consent or if the Member has taken reasonable steps to prevent it. Reporting Improper Orders 33. (1) If a Member considers that anything required of him or her is in contravention of the Code or is otherwise improper or unethical. the Member shall report the matter to the Commission. (2) The Commission shall investigate the report and take appropriate action within ninety days of receiving the report. Duty to Prevent Occurrence of Corruption or Unethical Practice in the Office 34. A Member 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 35. A Member shall not use social media in a manner that is prejudicial to public interest, national cohesion or that otherwise constitutes a breach of any law. Dress Code 36. A Member shall maintain appropriate standard of dress and personal hygiene at all times. Political and Other Influence 37. (1) A Member 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. A Member shall not influence or attempt to influence the decision of any other public officer or public entity on any matter A Member shall not in any way interfere with the duties of any other public officer or public entity. Provisions Relating to Implementation p/ Projects 38. (I) A Member shall in the exercise of oversight over implementation of projects not interfere with such implementation in any way. A Member shall not influence the undertaking of any project without prior planning or budgeting. - A Member shall not demand or accept any kickbacks, gifts, benefits or otier favours from contractors or other persons or entities who are engaged in implementation projects. A Member shall not compromise or abet the compromising of standards of any project. - A Member shall, subject to the law, disclose all relevant information regarding any project to any person requiring such information. Preferential Treatment 39. A Member 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 I11—ENFORCEMENT OF THE CODE 40. (1) Any person niay lodge a complaint alleging a breach of this Code by a Member to the Office or to the commission. Breach of this Code amounts to misconduct for which the Member may be subjected to disciplinary proceedings. Where a breach of this Code amounts to violation of the Constitution, the Member may be removed from the, office in accordance with the applicable laws. where an allegation of breach is made to the Assembly, the person alleging the breach shall submit a petition setting out the grounds and facts of the alleged violation to the Speaker of the Assembly. Upon receipt of the complaint, the Speaker shall cause to be registered and investigations into the complaint carried out, and may refer the matter to the Committee of Privileges or take action against the Member in accordance with the Act, Standing Orders of the Assembly, any Regulations made by the Commission under the Act or other law that for the little being governs the conduct of a Member of the Assembly, (n) If upon investigation into 1 lie alleged breach of the Code, the Speaker is of 1he opinion that civil or criminal proceedings ought to be preferred against the Member, it shall refer the matter to- ((i) the Commission, with respect to civil matters; and the Director of Public Prosecutions with respect to criminal flatters. Where the complaint is made to the Commission, the Commission slttt take such action against the Member as it disetie, necessary in accordance with its mattdate under the law. 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 Assembly to take any action against a Member who has breached the Code. Committee ol Privileges 41. On receipt of a complaint of breach of the Code, the Committee of Privileges shall conduct investigations and thereafter make a report of its findings to the Assembly. If the Member is found not to have breached the Code the matter ends there. If the Member is found to have breached the Code (and a remedial action is inappropriate or has not been agreed), the Committee recommends ii disciplinary sanction to the House, The final decision shall rest with the Assembly, In investigating and adjudicating allegations of non-compliance with this Code, the Committee shall act in accordance with the principles of natural justice and fairness. Members shall co-operate, at all stages, with any investigation into their conduct by or under the authority of the Assembly. No Member shall lobby a member of the Committee of Privileges in a manner calculated or intended to influence their consideration of a complaint of a breach of this Code. The Committee, in consultation with the ethics and Anti- Corruption Commission (EACC) shall review the Code of Conduct once each term. Its findings, along with any recommended changes to the Code, shall be reported to the Assembly. Ditty of the Speaker and Clerk of the Assembly to comply with Directives of the Commission in Implementation of time Code The Speaker and the Clerk of the Assembly 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 A Member or the Speaker may request the Commission to give an advisory opinion on any issue relating to, but not limited to— the application of Chapter Six of the Constitution; the application of the Act or any miter applicable law or regulations dealing with the ethics and integrity of Stale Officers; the application of the Public Officer Ethics Act 2003, or any other law or regulations dealing with the ethics and integrity of public officers; the application of this Code; an ethical dilemma; or (/) any other matter incidental to the promotion of the ethics and integrity of public officers generally. Training on Leadership anti Itmwgritt' 48, The Speaker shalt collaborate with the Commission to ensure that the Member and public officers serving in the Assembly are sensitized ott leadership and integrity issues at least once a year. Per.so,tn/ Respon.sibi/iiy for Compliance 49. Each Member shall take personal responsibility for compliance with the provisions of this Code. Anittttm/ Report 50, The Speaker or his designate shall cause to be prepared and submitted to the Commission all Annual Report on the progress made in implementation and snforeement of the Code in a prescribed format by the Commission. Anieitdittent oft/me Code 51. .The Assembly may with approval of the Commission amend this Code. FIRST SCHEDULE (Para. 5(3)) COMMITMENT ,FO THE LEADERSHIP AND INTEGRITY CODE FOR MEMBERS OF THE COUNTY ASSEMBLY OF SIAYA holder of National ID/Passport Ni) ..................................... and Post Office Box No. having been elected as in the County Assembly of Siaya do hereby confirm that I have read and understood the Leadership and Integrity Code for Members of the County Assembly of Siaya and hereby solemnly declare and commit myself to abide by the provisions of the Code at all times. 24th March, 2017 THE KENYA GAZETTE 1191 SIGNEDat ............................................................... • By the said .................................. ........................ ) This..................day of. ........................ 20 ..... ........... Before Me ) - ) Deponent Judge/ Magistratel Coinrnissionertbr Oat/is PRESCRIBED for the Members of the County Assembly of Siaya in accordance with the provisions of section 37 of the Leadership and Integrity Act, 2012. At..........................this...............................day of. .......................... 2017 Speaker oft/ic Assembly Counts' Assembly of Siaya 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 .............................2017 SECRETARY/CHIEF EXECUTIVE OFFICER ETHICS AND ANTI-CORRUPTION COMMISSION MR/3 123584