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GAZETTE NOTICE NO. 9747

GAZETTE NOTICE NO. 9747

THE PUBLIC OFFICER ETHICS ACT

(No. 4 of 2003)

NOTIFICATION


IN EXERCISE of the powers conferred by section 33 (1) of the Public Officer Ethics Act, 2003, the County Assembly Service Board of Kiambu establishes the following administrative Procedures: THE COUNTY ASSEMBLY SERVICE BOARD OF KIAMBU PROCEDURES FOR ADMINISTRATION OF PART IV OF THE ACT PART I —PRELIMINARY Citation 1. These Procedures may be cited as the County Assembly Service Board of Kiambu Procedures for Administration of Part IV of the Act. Interpretation In these Procedures, unless the context otherwise requires:- "Act" means the Public Officer Ethics Act, 2003; "Board" means the County Assembly Service Board of Kiambu established in accordance with section 12 of the County Government Act, 2012; "Commission" means the Ethics and Anti-Corruption Commission established under section 3 of the Fth.lcs and A ntr-Corruption Commission Act. 2011; "Declarant" means a person who has made a declaration under the Act; "Declaration form" means the form set out in the Schedule to the Act in accordance with section 26(2) of the Act; "Declaration year" means the year when the two-year declaration under the Act falls due; "Designated Officer" means an employee of the Board assigned to administer these Procedures or any part thereof in accordance with clause 4(2) of these Procedures; "Employee" means a public officer employed by the the Board; "Final declaration" means a declaration made in accordance with section 27(5) of the Act; "Initial declaration" means a declaration made in accordance with section 27(3) of the Act; "Public Officer" shall take the meaning in Article 260 of the Constitution of Kenya, 2010; "Regulations" means the Regulations made under the Act; "Secretary" means the Clerk of the County Assembly or in absence of the Clerk, the person exercising the functions of the clerk in accordance with section 2 of the County Assembly Service Act, 2017; "Two-year declaration" means a declaration made in accordance with section 26(1) of the Act. Scope of Application 3. These Procedures shall apply to the administration of Part IV of the Act with respect to employees of the Board. PART II—PROCEDURE IN RELATION TO DECLARATIONS Administration of the Procedures 4.(1) The Secretary shall administer these Procedures on behalf of the Board. (2) The Secretary may designate officer(s) from among the employees of the Board to administer the Procedures or any part thereof in respect to any specified category of employees of the Board; (3) The designation under sub-paragraph (2) shall be in writing and shall outline the specific tasks to be performed by the Designated Officer. Procedure in Submitting Declarations 5. (1) An employee shall submit a declaration in the Form set out in the Schedule to the Act. (2) The Board may use such measures as may be appropriate to facilitate an employee to acquire the form referred to in sub-paragraph (I). (3) The Board may publish the declaration form in a format that may permit the declaration form— (a) to be rendered in digital format; or (b) to be downloaded from a website and printed out in paper format. (4) Where an employee is required to make an initial, two-year or final declaration, the Secretary or Designated Officer may issue a notification to the employee not less than thirty (30) days before the due date for the declaration, (5) For avoidance of doubt, failure to provide a declaration form or to issue a notification under this paragraph shall not be construed as a waiver of the responsibility of the employee to submit a declaration under the Act. Completion and Submission of Declarations 6. (I) An employee shall complete and submit the declaration form to the Secretary. Register of Declarations 7. (1) The Board shall maintain a register containing details of each employee who is required to make a declaration in accordance with the Act. The register shall include— (a) name; personal number; designation; directorate; department or unit; (b) date the employee submitted the declaration form; (c) type of declaration (initial, tow-year or final); (d) name and signature of the designated officer acknowledging receipt of the declaration; (e) total number of employees who have submitted declarations a s at the due date; (f) total number of employees required to submit declarations; and (g) any remarks relating to the declarations. (2) A register under this part may be maintained in separate documents. Reports on Compliance 8. (I) The Board shall submit to the Commission a report containing the following information: (a) In relation to two-year declaration — (i) the number of employees on the payroll as at 31st October of the year of declaration; (ii) a certified copy of the register maintained in accordance with paragraph 7; (iii) the total number of employees who have complied with the requirement for declarations; (iv) the total number of employees who have not complied with the requirement for declarations; (v) action taken by the Board in relation to any employee who has not complied; (vi) any relevant remarks on the submissions. (b) In relation to initial and final declarations: (i) number of employees required to make a declaration; (ii) the number of employees who have complied with the requirement for declaration; (iii) number of employees who have not complied with the requirement for declarations; (iv) action taken in relation to any employee who has not complied; (v) any relevant remarks on the submissions. 2. The report under this part shall: (a) in relation to a two year declaration, be submitted to the Commission not later than 31st July of the yaer of declaration. (b) in relation to the initial declarations, be submitted to the Commission not later thgan 31st July following the end of the financial year within which the declarations were made. PART III—PROCEDURE IN RELATION TO CLARIFICATIONS Requests for Clarification 9. (1) The Secretary or the Designated Officer(s) shall review each declaration to ascertain if any of the following conditions exist— (a) on the face of the declaration, or in light of any other information the Board may have, there is reason to suspect the declaration may be false or incomplete; (Th the assets of the declarant appear disproportionate to his or her known income; (c) the income, assets or liabilities of the declarant raise concerns of impropriety or conflict of interest. (2) If it is suspected that any of the conditions in subparagraph (I) exist, the Secretary or Designated Officer shall give the declarant an opportunity to make a clarification in accordance with section 28(1) of the Act. (3) Request for a clarification shall be made in writing. (4) The Secretary or Designated Officer shall, in the register of declarations, document the particulars of clarification sought, the mode of communication, the time given to respond, the date and particulars of response, if any. (5) If no explanation is given, or if after considering any explanation the declarant may give, the Secretary or Designated Officer is of the opinion that the conditions in subparagraph (I) (b) still exist, the Secretary or Designated Officer may, in addition to any other action including investigations and commencement of civil proceedings, take disciplinary or other appropriate action against the employee. PART IV --PROCEDURE FOR THE ACCESS OR PUBLICATION OF INFORMATION IN A DECLARATION Access and Publication Information in a Declaration 10. ( 1 ) The Board or any other person shall not disclose, access, acquire or publish the information in the declaration form except as may be provided in the Act, the Regulations, these Procedures, or any other written law. (2) A person who wishes to gain access or to publish information in relation to a declaration under the Act shal— (a) apply to the Board in the form set out in Appendix I; and (b) demonstrate to the Board that he or she has a legitimate interest in the information; and (c) demonstrate to the Board that the access to or publication of that information shall be for a good cause and in furtherance of the objectives of the Act. (3) Where the information is intended to be disclosed or publicized, the applicant shall expressly state so in the application. (4) Where a person has made an application to the Board in accordance with this paragraph — (a) the Board shall issue the applicant with an acknowledgement in the form set out in Appendix II; (b) the Board shall inform the declarant of the application in writing; (c) the Board shall give the declarant an opportunity to make a representation in writing in relation to the application within fourteen (14) days; and (d) the Board shall take into consideration the representation by the public officer while determining the application. (5) The Board shall determine an application made in accordance with this paragraph and communicate its decision in writing to the applicant within thirty (30) days of receipt of the application. (6) For the avoidance of doubt, the Board shall not release or part with the original declaration made by any employee in satisfying the requirement of this paragraph, unless required for investigation by a law enforcement agency or by any written law. PROVIDED that where an original declaration is released under 10(4) above the Board shall always retain a certified copy of the declaration; (7) The Board shall maintain a register of applications and decisions made under this paragraph setting out — (a) the name of each applicant; (0) the date each application was received; (c) the name and personal number of the employee who is the subject of the application; 20th November, 2020 THE KENYA GAZETTE 4705 (d) the department or other unit to which the employee belongs; (e) a brief description of the information applied for; (.1.1 whether the employee accepts or opposes to the information applied for; (g) a brief description of the decision made in relation to the application including reasons for denial where applicable; and Matters not covered by these Procedures 18. The Board may issue written instructions in relation to any matter that has not been provided for in these procedures. Representations to the Board 19. The Board may consider representations from any person in the application of these Procedures. Review 20. (1) The Board may from time to time review the operational arrangements put in place by the Secretary in the application of these Procedures. (1) The Board may review these Procedures from time to time as may be necessary. APPENDIX 1 REQUEST TO ACCESS A DECLARATION OR CLARIFICATION Note: A separate form to be completed in respect of a request for information for each declarant. Part I—Information on Applicant 1. Name 2. National Identity Card/Passport Number 3. Postal Address 4. Physical Address 5. E-mail Address 6. Occupation Part II—Particulars of Information Applied for (a) Nature of Information (please tick ) 1. Declaration ( ) 2. Clarification ( ) 3 Declaration and Clarification ) (b) Declaration period Part III—Information on the Person whose declaration is sought to be obtained: (a) Name (b) Directorate/Department (if known) (c) Work Station (d) Reason for requiring the information:- (i) Official (ii) Other reason (e) State precisely the purpose for which the declaration sought will be used Part IV—Additional Information Give any other information you may consider relevant and useful to your request Part V —Declaration by Applicant I , solemnly declare that the information I have given above is true, complete and correct to the best of my knowledge. (c) date when the decision was communicated to the applicant. Access hr Declarant II. An Application for access by an employee to his or her declaration may be determined by the Secretary. Proof of Identity 12. The Board shall not give access to the information in a declaration to— (a) the employee unless the employee proves his or her identity; or (h) a representative of the employee unless that representative— (i) provides proof of his or her authority to act as a representative of the employee, and (ii) provides proof of identity of the employee. Decision to he Final 13. (I) Except as provided under the Act, Regulations and these Procedures, the decisions of the Board in relation to a declaration by an employee shall be final. (2) Any person dissatisfied with the decision may appeal in accordance with the procedures set out in the Public Officer Ethics (Management, Verification, and Access to Financial Declarations) Regulations, 2011. Regulations to Apply to this Part 14. This part shall be read and construed together with the Public Officer Ethics (Management, Verification, and Access to Financial Declarations) Regulations, 2011. PART V — PROCEDURE IN RELATION TO STORAGE AND RETENSION OF DECLARATION FORMS Mechanisms for Storage, Retention and Retrieval 15. (1( The Board shall ensure that appropriate mechanisms are put in place for the safe and secure storage, retention and easy retrieval of the declarations. (2) The mechanisms established under sub-paragraph (1) may include manual, electronic, microfilm or any other form as the Board may consider appropriate. Cessation of Retention of Information 16.(1) Where the period for retaining information obtained in accordance with Part IV of the Act has lapsed, the Board shall determine the action to be taken in relation to that information. (2) The Secretary may make a written proposal to the Board in relation to the action to be taken by the Board in accordance with sub- paragraph (1). PART VI—GENERAL PROVISIONS Powers of the Board 17. (1) Notwithstanding delegation of any function or power by the Board for the purposes of these Procedures, the Board may — (a) exercise the delegated power or perform the delegated function: or Date' Signature of Applicant APPENDIX II ACKNOWLEDGEMENT OF REQUEST FOR ACCESS FOR A DECLARATION OR CLARIFICATION (b) on its own motion or request by any person, revise a decision of the Secretary made for the purposes of these Procedures. Name of Applicant National Identity Card/Passport Number Name of Organization (where applicable) Postal Address Date of Application Delivered by Signature A response on this request will be communicated within thirty (30) days from the date of this acknowledgement. Name of Receiving Officer Signature Date Stamp: SIMON RUGU, MR/1455628 Secretary, County Assembly Service Board of Kiambu. GAZETTE No ['KIT No. 9748 THE KENYA INFORMATION AND COMMUNICATIONS ACT (Cap. 41 I A) APPLICANTS AND SHORTLISTED CANDIDATES FOR THE POSITION OF MEMBER OF THE COMMUNICATIONS AND MULTIMEDIA APPEALS TRIBUNAL IN EXERCISE of the powers conferred by section 102 (7) of the Kenya Information and Communications Act, Cap 411 A, the Selection Panel for selecting candidates for appointment to the position of Member of the Communications and Multimedia Appeals Tribunal, hereby publishes the names of all applicants and shortlisted candidates for the position of Member of the Communications and Multimedia Appeals Tribunal. APPLICANTS FOR THE POSITION OF MEMBER Name Qualifications Vivienne Atieno Namadoa Master of Business Administration Bachelor of Arts (Communications) Harun Karanja Mwangi PhD. Media and Communication Studies, Master of Arts, Communication Studies Bachelor of Arts Caroline Njeri Njoroge Master of Arts, Corporate Communications, Bachelor of Arts, Journalism George Morara Nyabuga PhD. Media, Politics and History, Master Ti Arts, Online Journalism, Bachelor of Arts, Isiah Kibet Cherotich PhD. Communication Studies, Master of Arts, Journalism, Gacheo Nixon Mageka Master of Arts, Communications Management, Bachelors, Information and Technology Moses Gichuki Ngechu Bachelor of Science, Com uter Science Stephen Matu Gikungu Bachelors, Information Technology Patrick Kilonzo Kanini Bachelor of Science, Applied Computer Science Damaris Kemunto Nyabuti PhD. International Studies, Master of Arts, Philip Ndabari Muriuki BSc. Mathematics Geography and Computer Science Isaac Kiprotich Tonui MSc. Computer Management, Bachelor of Communication in Advanced Accounting and Auditing Franc is Mwangi Wokabi MSc. Information Systems Security, Bsc, Business Information Systems Constant Wanyonyi Bachelor of Engineering in Electrical and Telecoms Engineering Juma Mwakurira Kulah Bachelor of Arts, Commerce Cornelius Kiprono Serem MA. Economics, BA, Economics ad Statistics Nancy °undo Dalla MSc. Banking and Finance, BSc Financial Services Judith Wambura John MA. International Studies, Bachelor of Commerce, Marketing Waswa Dick Wekesa MBA, Marketing and Finance, Bachelor of Science Name Qualifications Timothy Kariuki Mwangi Bachelor of Laws, BA, Political Science Collins Wanderi Munyiri Master of Laws, Master of Business Administration, Bachelor of Laws Martha Wambui Waweru Master of Business Administration, Bachelor of Science Business Administration, Bachelor of Laws Mukira Ramadhan Abubakr Bachelor of Laws Ibrahim Maina Mutetnbei MA. Diplomacy and Foreign Policy Bachelor of Laws Wilson Ngugi Wanjiku PhD. Corporate Law, Regulation and Compliance, Master of Laws, Corporate Finance, Bachelor of Laws Nixon Lenana Lemaiyara MSc. Telecommunications Engineering Bsc. Electrical Enginecri and Informatics Lydia Nyawira Mburia Bachelor of Arts in Community Development Maureen Adhiambo Obilo Masters of Development Studies (Community Development, Bachelor of Arts in Communication (Publishing) Magdelene Mutanu Muteti Diploma in Mass communication Vivienne Atieno Namadoa Master of Business Adminstration Strategic Management. Bachelor of Arts- Communications (Public Relations) Phillip Kiprotich Chebunet Masters in Communication Studies Bachelor Degree in Education Sarah Wambui Mugo Bachelor of Education (Arts) Machuki Ondicho Dismas Bachelor of Mass Communication Elseba Awuor Kokeyo Masters in International Relations and Diplomacy), Bachelor of Science in Communication & Public Relation Banice Mbuki Mburu Certificate- Communications for Development Mercy Chemeli Soisoi Degree in Information Technology Japheth Mum° Kimeu BSc in Information Technology Kevin Ochieng' Bachelor of Science in Environmental Health (Public Health) James Mwita Oketch Master of Science in Electronics Engineering, Master in Technology Engineering-Electrical, Bachelor of Science, Computer Science and Engineering, Elon Kiplangat Tonui BSc. Applied Computer Science Joseph Ogetonto Omhongi Master of Science, Information Technology, Bachelor of Science, Electrical and Industrial Automation Engineer Odete Raphael Diploma in Information Science Barrack Achola Alloo Microsoft Azure Cloud 900, IBM Spectrum Protect Implementation and Administration, Huawei Certified Network Associate Miano Muthee — Anthony Bachelors of Science in Computer Science Patrick Omusogot Omoding Bachelor of Science Degree in Computer Samson Munene Mwangi Diploma in Computer Science Abbey James Katana Bachelor of Business Information Technology Steven J. lkileng Executive Masters in Business Administration (EMBA), Bachelor of Science in Computer Studies, Omar Simba Mwakoyo Information and Technology Certificate Annette Nasiaki Okello Master of Science in Information Technology Management, Bachelors of Science in Computing Chrys Maswage Chacha Bachelor of Arts in Economics Ijami Alvin Bachelor of Commerce (Finance Option), CPA Part II- KASNEB Daniel Nyambu Kireti Bachelor of Business Computing Nathan Mwaka Nzuki Bachelor of Commerce Accounting Option, Certified Public Accountants Kenya Brian Oduodi Ochola Bachelors of Laws Kevin Onyango Wakwaya Bachelor of Law Glory Kananu Kinyua Bachelors of Law 20th November, 2020 Name Qualifications Warungu Kenneth Mwangi Bachelor of Law Degree Wangechi Kelvin Karani Diploma in Marine Engineering, Basic Safety Training at Sea Korir Felix Kiplimo Bachelor of Science in Electrical and Electronic Engineering Paddy George Otieno Adallah Telecommunications and Information Engineering, Telecommunications Engineering James Mwita Okech Msc. Electonics Engineering, M. Tech, Engineering Electrical, Bsc. Computer Science and Engineering The Selection Panel, after considering all the applicants for the positions of Chairperson and Member has shortlisted the following candidates for the position of Chairperson and Member of the Complaints Commission respectively. SHORTLISTED CANDIDATES FOR THE POSITION OF MEMBER Name Interview Date Time Vivienne Atieno Namadoa 26/11/2020 9.00 a.m. Harun Karanja Mwangi 26/11/2020 10.00 a.m. Caroline Njeri Njoroge 26/11/2020 11.30 a.m. George Morara Nyabuga 26/11/2020 2.00 p.m. Isiah Kibet Cherotich 26/11/2020 3.00 p.m. Gacheo Nixon Mageka 26/11/2020 4.00 p.m. Moses Gichuki Ngechu 27/11/2020 9.00 a.m. Judith Wambura John 27/11/2020 10.00 a.m. Patrick Kilonzo Kanini 27/11/2020 11.30 p.m. Damaris Kemunto Nyabuti 27/11/2020 2.00 p.m. Philip Ndabari Muriuki 27/11/2020 3.00 p.m. Isaac Kiprotich Tonui 30/11/2020 9.00 a.m. Francis Mwangi Wokabi 30/11/2020 10.00 a.m. Constant Wany_onyi 30/11/2020 11.30 p.m. Juma Mwakurira Kulah 30/11/2020 2.00 p.m. Cornelius Kiprono Serem 30/11/2020 3.00 p.m. Name Interview Date Time Nancy Oundo Dalla 1/12/2020 9.00 a.m. Stephen Matu Gikungu 1/12/2020 10.00 a.m. Waswa Dick Wekesa 1/12/2020 11.30 p.m. Timothy Kariuki Mwangi 1/12/2020 2.00 p.m. Collins Wanderi Munyiri 1/12/2020 3.00 p.m. Martha Wambui Waweru 2/12/2020 9.00 a.m. Mukira Ramadhan Abubakr 2/12/2020 10.00 a.m. Ibrahim Maina Mutembei 2/12/2020 11.30 p.m. Wilson Ngugi Wanjiku 2/12/2020 2.00 p.m. Nixon Lenana Lemaiyara 2/12/2020 3.00 p.m. The shortlisted candidates are expected to appear before the Selection Panel on the dates and times indicated above. The interviews shall be conducted at the Ministry of ICT, Innovation and Youth Affairs. Teleposta Towers, 9th Floor Boardroom. The shortlisted candidates are required to bring ALL of the following documents: (i) Original Identity Card/ Passport. (ii) Original academic and professional certificates. (iii) Testimonials. (iv) Clearances from- • Kenya Revenue Authority (KRA); • Higher Education Loans Board (HELM; • Ethics and Anti-Corruption Commission (EACC); • Criminal Investigations Department; and Dated the 17th November, 2020. MBUGUA NJOROGE Chairperson, Selection Panel for Appointment of Candidates to the Position of Member of the Communications and Multimedia Appeals Tribunal.

Dated the 17th November, 2020.

MBUGUA NJOROGE,

Extracted Entities (1)

previous_gazette_ref

9747

Details

Act / Legislation
THE PUBLIC OFFICER ETHICS ACT
Reference
No. 4 of 2003
Section
section 33 (1)
Signed By
MBUGUA NJOROGE
Date Signed
17th November 2020
Page
29
Extraction Method
regex