PUBLIC OFFICERS ETHICS ACT
The Public Officer Ethics Act, 2003
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THE PUBLIC OFFICER ETHICS ACT, 2003
ARRANGEMENT OF SECTIONS
PART I — PRELIMINARY
1—Short title.
2—Interpretation.
3—Determination of responsible Commission.
4—Certain delegations by Public Service Commission.
PART II — SPECIFIC CODES OF CONDUCT AND
ETHICS
5—Establishment of specific Codes.
6—Publication of specific Codes.
PART III — GENERAL CODE OF CONDUCT AND
ETHICS
7—Part sets out general Code.
8—Performance of duties, general.
9—Professionalism.
10—Rule of law.
11—No improper enrichment.
12—Conflict of interest.
13—Collections and harambees.
14—Acting for foreigners.
15—Care of property.
16—Political neutrality.
17—Nepotism, etc.
18—Giving of advice.
19—Misleading the public, etc.
20—Conduct of private affairs.
21—Sexual harassment.
22—Selection, etc. of public officers.
23—Submitting of declarations, etc.
24—Acting through others.
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25—Reporting improper orders.
PART IV — DECLARATIONS OF INCOME, ASSETS
AND LIABILITIES
26—Declaration required.
27—When declarations must be made.
28—Clarifications.
29—Information to be correct.
30—Confidentiality of information.
31—Retention of information.
32—Offences.
33—Administrative procedures.
34—Amendment of Schedule.
PART V — ENFORCEMENT OF CODE OF CONDUCT
AND ETHICS
35—Investigations.
36—Disciplinary action.
37—Publication of actions.
38—Referral for possible civil or criminal proceedings.
39—Exceptions.
PART VI — GENERAL
40—Obstruction or hindering persons under Act.
41—Divulging information acquired under Act.
42—Regulations.
Schedule — Declaration of Income, Assets and Liabilities.
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AN ACT of Parliament to advance the ethics of
public officers by providing for a Code of
Conduct and Ethics for public officers and
requiring financial declarations from
certain public officers and to provide for
connected purposes
ENACTED by the Parliament of Kenya as
follows:—
PART I — PRELIMINARY
Short title. 1. This Act may be cited as the Public
Officer Ethics Act, 2003.
Interpretation. 2. In this Act, unless the context otherwise
requires—
“Code of Conduct and Ethics” means, for a
public officer, the Code of Conduct and Ethics
established under Part II for that public officer;
“Commission” means a commission,
committee or other body having functions under
this Act by virtue of section 3;
“Minister” means the Minister responsible for
integrity issues;
“public officer” means any officer, employee
or member, including an unpaid, part-time or
temporary officer, employee or member, of any of
the following—
(a) the Government or any department,
service or undertaking of the
Government;
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(b) the National Assembly or the
Parliamentary Service;
(c) a local authority;
(d) any corporation, council, board,
committee or other body which has
power to act under and for the
purposes of any written law relating to
local government, public health or
undertakings of public utility or
otherwise to administer funds
belonging to or granted by the
Government or money raised by rates,
taxes or charges in pursuance of any
such law;
1997, No. 12.
(e) a co-operative society established
under the Co-operative Societies Act;
(f) a public university;
(g) any other body prescribed by
regulation for the purposes of this
paragraph;
“responsible Commission”, in relation to a
public officer, means the Commission determined
under section 3 to be the responsible Commission in
relation to that public officer.
Determination
of responsible
Commission.
3.(1) This section determines what body is
the responsible Commission for a public officer for
the purposes of this Act.
(2) The committee of the National Assembly
responsible for the ethics of members is the
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responsible Commission for —
(a) members of the National Assembly
including, for greater certainty, the
President, the Speaker and the
Attorney-General;
(b) members of the Electoral Commission
and the Public Service Commission;
and
(c) the Controller and Auditor-General.
(3) The Public Service Commission is the
responsible Commission for the public officers in
respect of which it exercises disciplinary control
and for the public officers described in paragraphs
(d) and (e) of section 107(4) of the Constitution and
for public officers who are officers, employees or
members of state corporations that are public
bodies.
(4) The Judicial Service Commission is the
responsible Commission for judges, magistrates and
the public officers in respect of which it exercises
disciplinary control.
(5) The Parliamentary Service Commission
is the responsible Commission for the public
officers in respect of which it exercises disciplinary
control.
(6) The Electoral Commission is the
responsible Commission for councillors of local
authorities.
(7) The Teachers Service Commission
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Cap. 212. established under the Teachers Service Commission
Act is the responsible Commission for teachers
registered under that Act.
Cap. 199.
(8) The Defence Council established under
the Armed Forces Act is the responsible
Commission for members of the armed forces,
within the meaning of that Act.
No. 11 of 1998.
(9) The National Security Intelligence
Council established under the National Security
Intelligence Service Act, 1998 is the responsible
Commission for members of the National Security
Intelligence Service established under that Act.
(10) The responsible Commission for a
public officer for which no responsible Commission
is otherwise specified under this section is the
commission, committee or other body prescribed by
regulation.
(11) A body that is the responsible
Commission for a public officer by virtue of
exercising disciplinary control over that public
officer remains the responsible Commission
notwithstanding the delegation of any disciplinary
powers with respect to that public officer.
Certain
delegations by
Public Service
Commission.
4.(1) Subject to subsection (2), the Public
Service Commission may, by notice in the Gazette,
delegate to another person or body any of its
powers and functions under Part IV or Part V with
respect to classes of public officers specified by the
Public Service Commission and that person or body
shall be deemed to be the responsible Commission
with respect to such delegated powers and
functions.
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(2) The Public Service Commission may
delegate powers and functions only with respect to
public officers in a job group below job group “H”
or its equivalent.
PART II – SPECIFIC CODES OF CONDUCT
AND ETHICS
Establishment
of specific
Codes.
5.(1) Each Commission shall establish a
specific Code of Conduct and Ethics for the public
officers for which it is the responsible Commission.
(2) The specific Code established by a
Commission shall include all the requirements in
the general Code of Conduct and Ethics under Part
III and may —
(a) include requirements beyond what is
required under the general Code of
Conduct and Ethics under Part III; and
(b) set out how any requirements of the
specific or general Code may be
satisfied.
(3) No requirement shall be included in a
specific Code that would infringe any independence
of a public officer provided for by the Constitution
or an Act and any requirement of the specific Code
or in the general Code of Conduct and Ethics under
Part III is of no effect to the extent that it would do
so.
(4) Until a Commission has established a
specific Code under this section, the general Code
of Conduct and Ethics under Part III shall apply as
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though it were the specific Code established by the
Commission.
Publication of
specific Codes. 6.(1) Each Commission shall publish the
specific Code of Conduct and Ethics established by
it in the Gazette within ninety days after the
commencement of this Act.
(2) In relation to a Commission that is
prescribed by regulation under section 3(10) as a
responsible Commission, this section shall apply as
though the reference in subsection (1) to the
commencement of this Act were a reference to the
commencement of the regulation.
PART III - GENERAL CODE OF CONDUCT
AND ETHICS
Part sets out
general Code. 7. This Part sets out a general Code of
Conduct and Ethics for public officers.
Performance of
duties, general. 8. A public officer shall, to the best of his
ability, carry out his duties and ensure that the
services that he provides are provided efficiently
and honestly.
Professionalism. 9. A public officer shall—
(a) carry out his duties in a way that
maintains public confidence in the
integrity of his office;
(b) treat the public and his fellow public
officers with courtesy and respect;
(c) to the extent appropriate to his office,
seek to improve the standards of
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performance and level of
professionalism in his organisation;
(d) if a member of a professional body,
observe the ethical and professional
requirements of that body;
(e) observe official working hours and
not be absent without proper
authorization or reasonable cause;
(f) maintain an appropriate standard of
dress and personal hygiene; and
(g) discharge any professional
responsibilities in a professional
manner.
Rule of law. 10.(1) A public officer shall carry out his
duties in accordance with the law.
(2) In carrying out his duties, a public officer
shall not violate the rights and freedoms of any
person under Part V of the Constitution.
No improper
enrichment. 11.(1) A public officer shall not use his
office to improperly enrich himself or others.
(2) Without limiting the generality of
subsection (1), a public officer shall not—
(a) except as allowed under subsection
(3) or (4), accept or request gifts or
favours from a person who —
(i) has an interest that may be
affected by the carrying out, or
not carrying out, of the public
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officer’s duties;
(ii) carries on regulated activities
with respect to which the
public officer’s organisation
has a role; or
(iii) has a contractual or similar
relationship with the public
officer’s organisation;
(b) improperly use his office to acquire
land or other property for himself or
another person, whether or not the
land or property is paid for; or
(c) for the personal benefit of himself or
another, use or allow the use of
information that is acquired in
connection with the public officer’s
duties and that is not public.
(3) A public officer may accept a gift given
to him in his official capacity but, unless the gift is
a non-monetary gift that does not exceed the value
prescribed by regulation, such a gift shall be
deemed to be a gift to the public officer’s
organisation.
(4) Subsection (2)(a) does not prevent a
public officer from accepting a gift from a relative
or friend given on a special occasion recognized by
custom.
(5) Subsection (2)(c) does not apply to the
use of information for educational or literary
purposes, research purposes or other similar
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purposes.
Conflict of
interest. 12.(1) A public officer shall use his best
efforts to avoid being in a position in which his
personal interests conflict with his official duties.
(2) Without limiting the generality of
subsection (1), a public officer shall not hold shares
or have any other interest in a corporation,
partnership of other body, directly or through
another person, if holding those shares or having
that interest would result in the public officer’s
personal interests conflicting with his official
duties.
(3) A public officer whose personal interests
conflict with his official duties shall—
(a) declare the personal interests to his
superior or other appropriate body and
comply with any directions to avoid
the conflict; and
(b) refrain from participating in any
deliberations with respect to the
matter.
(4) Notwithstanding any directions to the
contrary under subsection (3)(a), a public officer
shall not award a contract, or influence the award of
a contract, to—
(a) himself;
(b) a spouse or relative;
(c) a business associate; or
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(d) a corporation, partnership or other
body in which the officer has an
interest.
(5) The regulations may govern when the
personal interests of a public officer conflict with
his official duties for the purposes of this section.
(6) In this section, “personal interest”
includes the interest of a spouse, relative or business
associate.
Collections and
harambees. 13.(1) A public officer shall not—
(a) use his office or place of work as a
venue for soliciting or collecting
harambees; or
(b) either as a collector or promoter of a
public collection, obtain money or
other property from a person by using
his official position in any way to
exert pressure.
Cap. 106.
(2) In this section, “collection”, “collector”
and “promoter” have the same meanings as in
section 2 of the Public Collections Act.
Acting for
foreigners. 14.(1) No public officer shall, in a manner
that may be detrimental to the security interests of
Kenya, be an agent for, or further the interests of, a
foreign government, organisation or individual.
(2) For the purposes of this section—
(a) an individual is foreign if the
individual is not a citizen of Kenya;
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(b) an organisation is foreign if it is
established outside Kenya or if it is
owned or controlled by foreign
governments, organisations or
individuals.
Care of
property. 15.(1) A public officer shall take all
reasonable steps to ensure that property that is
entrusted to his care is adequately protected and not
misused or misappropriated.
(2) A person who contravenes subsection (1)
shall be personally liable for losses resulting from
the contravention.
Political
neutrality. 16.(1) A public officer shall not, in or in
connection with the performance of his duties as
such—
(a) act as an agent for, or so as to further
the interest of, a political party; or
(b) indicate support for or opposition to
any political party or candidate in an
election.
(2) A public officer shall not engage in
political activity that may compromise or be seen to
compromise the political neutrality of his office.
(3) This section does not apply to a member
of the National Assembly or a councillor of a local
authority.
Nepotism, etc. 17. A public officer shall not practice
nepotism or favouritism.
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Giving of
advice. 18. A public officer who has a duty to give
advice shall give honest and impartial advice
without fear or favour.
Misleading the
public, etc. 19. A public officer shall not knowingly give
false or misleading information to members of the
public or to any other public officer.
Conduct of
private affairs. 20.(1) A public officer shall conduct his
private affairs in a way that maintains public
confidence in the integrity of his office.
(2) A public officer shall not evade taxes.
(3) A public officer shall not neglect his
financial obligations or neglect to settle them.
Sexual
harassment. 21.(1) A public officer shall not sexually
harass a member of the public or a fellow public
officer.
(2) In subsection (1), “sexually harass”
includes doing any of the following, if the person
doing it knows or ought to know that it is
unwelcome —
(a) making a request or exerting pressure
for sexual activity or favours;
(b) making intentional or careless
physical contact that is sexual in
nature; and
(c) making gestures, noises, jokes or
comments, including innuendoes,
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regarding another person’s sexuality.
Selection, etc.
of public
officers.
22. A public officer shall practice and
promote the principle that public officers should
be —
(a) selected on the basis of integrity,
competence and suitability; or
(b) elected in fair elections.
Submitting of
declarations,
etc.
23. A public officer shall submit any
declaration or clarification required under Part IV to
be submitted or made by him.
Acting through
others. 24.(1) A public officer contravenes the Code
of Conduct and Ethics if—
(a) he causes anything to be done through
another person that would, if the
public officer did it, be a
contravention of the Code of Conduct
and Ethics; or
(b) he allows or directs a person under his
supervision or control to do anything
that is a contravention of the Code of
Conduct and Ethics.
(2) Subsection (1)(b) does not apply with
respect to anything done without the public
officer’s knowledge or consent if the public officer
took reasonable steps to prevent it.
Reporting
improper orders. 25. If a public officer considers that anything
required of him is a contravention of the Code of
Conduct and Ethics or is otherwise improper or
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unethical, he shall report the matter to an
appropriate authority.
PART IV - DECLARATIONS OF INCOME,
ASSETS AND LIABILITIES
Declaration
required. 26.(1) Every public officer shall, annually
and as otherwise prescribed by section 27, submit to
the responsible Commission for the public officer a
declaration of the income, assets and liabilities of
himself, his spouse or spouses and his dependent
children under the age of 18 years.
(2) The declaration shall be in the form set
out in the Schedule and shall include the
information required by the form.
When
declarations
must be made.
27.(1) The annual declaration shall be
submitted by each public officer in December of
each year.
(2) The statement date of an annual
declaration under subsection (1) shall be the first
day of November of the year in which the
declaration is required.
(3) Within thirty days after becoming a
public officer, the public officer shall submit an
initial declaration.
(4) The statement date of an initial
declaration under subsection (3) shall be the date
the public officer became a public officer.
(5) Within thirty days after ceasing to be a
public officer, the former public officer shall submit
a final declaration.
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(6) The statement date of a final declaration
under subsection (5) shall be the date the public
officer ceased to be a public officer.
(7) The following shall apply with respect to
a person who is a public officer on the day the
administrative procedures relevant to that public
officer are first published under section 33 —
(a) the public officer shall submit an
initial declaration within sixty days
after the administrative procedures are
published; and
(b) the statement date of an initial
declaration under paragraph (a) shall
be the date the administrative
procedures are published.
Clarifications. 28.(1) A person who has submitted a
declaration to a Commission shall provide, without
undue delay, any clarification requested by the
Commission if the request is in writing and is made
within six months after the declaration was
submitted to the Commission.
(2) Without limiting what a request for
clarification may include, such a request may
include —
(a) a request that any information that may
have been omitted be provided; or
(b) a request that any discrepancy or
inconsistency, including a discrepancy
or inconsistency arising because of
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information other than information
included on the declaration, be
explained or corrected.
Information to
be correct. 29. A person submitting a declaration or
providing a clarification shall ensure that the
declaration or clarification is correct, to the best of
his knowledge.
Confidentiality
of information. 30.(1) A Commission shall keep information
collected under this Part confidential.
(2) No person shall disclose, allow access to
or acquire information collected under this Part and
held by a Commission except in accordance with
this section.
(3) No person shall disclose information that
was disclosed or acquired in contravention of this
section if the person knows, or has reasonable
grounds to believe, that the information was
disclosed or acquired in contravention of this
section.
(4) Information collected under this Part and
held by a Commission may be disclosed to and
accessed or acquired by—
(a) authorized staff of the Commission;
(b) the police or any other law
enforcement agency;
(c) a person authorized by an order of a
judge of the High Court; or
(d) the person who provided the
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information or his representative.
(5) If a different Commission becomes the
responsible Commission for a public officer, the
Commission that was the responsible Commission
may give any information collected under this Part
to the Commission that has become the responsible
Commission.
(6) A person who contravenes subsection (2)
or (3) is guilty of an offence and is liable, on
conviction, to a fine not exceeding two million
shillings or to imprisonment for a term not
exceeding two years or to both.
Retention of
information. 31. A Commission shall keep information
collected under this Part concerning a person for at
least thirty years after the person ceased to be a
public officer.
Offences. 32. A person who fails to submit a
declaration or clarification as required under this
Part or who submits, in such a declaration or
clarification, information that he knows, or ought to
know, is false or misleading, is guilty of an offence
and is liable, on conviction, to a fine not exceeding
one million shillings or to imprisonment for a term
not exceeding one year or to both.
Administrative
procedures. 33.(1) Each Commission shall establish
procedures for the administration of this Part with
respect to the public officers for which it is the
responsible Commission.
(2) The administrative procedures shall be
established and published in the Gazette within
ninety days after the commencement of this Act.
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(3) In relation to a Commission that is
prescribed by regulation under section 3(10) to be a
responsible Commission, subsection (2) shall apply
as though the reference in that subsection to the
commencement of this Act were a reference to the
commencement of the regulation.
(4) Nothing in section 27 requires a public
officer to submit a declaration before publication,
under this section, of the relevant administrative
procedures by the responsible Commission.
Amendment of
Schedule. 34.(1) Subject to subsection (2), the Minister
may, by notice in the Gazette, amend the Schedule
to this Act.
(2) The Minister may not amend the
Schedule to this Act unless a draft of the
amendment has been laid before, and has been
approved by resolution of, the National Assembly.
PART V - ENFORCEMENT OF CODE OF
CONDUCT AND ETHICS
Investigations. 35.(1) The responsible Commission for a
public officer may investigate to determine whether
the public officer has contravened the Code of
Conduct and Ethics.
(2) An investigation may be made on the
Commission’s own initiative or pursuant to a
complaint by any person.
(3) The Commission may refer a matter to
another appropriate body for investigation and that
body shall investigate the matter within a
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reasonable time and submit a report to the
Commission on its findings.
(4) An investigation may be conducted even
if the subject of the investigation has ceased to be a
public officer.
Disciplinary
action. 36.(1) If an investigation discloses that the
public officer has contravened the Code of Conduct
and Ethics, the Commission shall, within the time
period prescribed by subsection (2)—
(a) take the appropriate disciplinary
action; or
(b) if the Commission does not have the
power to take the appropriate
disciplinary action, refer the matter to
a body or person who does have that
power.
(2) The time period referred to in subsection
(1) is—
(a) within thirty days after the completion
of the investigation; or
(b) if another body investigated the matter
under section 35(3), within thirty days
after the Commission receives the
report of that body.
(3) The Commission shall inform the public
officer concerned of any action it takes or intends to
take under subsection (1) either before it takes the
action or within thirty days after it does so.
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(4) Subsection (3) does not affect any legal
requirement to inform a public officer earlier than is
required under that subsection.
(5) The regulations may govern what
disciplinary action is appropriate for the purposes of
subsection (1).
Publication of
actions. 37.(1) A Commission shall ensure that any
action it takes under section 36(1) is made public in
the manner prescribed.
(2) In making its action public the
Commission shall ensure that at least the following
is made public—
(a) a description of the public officer’s
contravention of the Code of Conduct
and Ethics including the
circumstances of the contravention
and the degree of the public officer’s
culpability;
(b) a summary of the evidence upon
which the finding that there was a
contravention was based; and
(c) a description of the disciplinary action
the Commission took against the
public officer or, if the Commission
referred the matter to another body or
person, the disciplinary action the
Commission considered appropriate
and the disciplinary action taken by
that other body or person.
Referral for 38. If, as a result of an investigation under
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possible civil or
criminal
proceedings.
this Part, the Commission is of the view that civil or
criminal proceedings ought to be considered, the
Commission shall refer the matter to the Attorney-
General or other appropriate authority.
Exceptions. 39. This Part (section 35 excepted) does not
apply with respect to offices for which the
Constitution provides a procedure for removal for
misbehaviour.
PART VI - GENERAL
Obstruction or
hindering
persons under
Act.
40. A person who, without lawful excuse,
obstructs or hinders a person acting under this Act
is guilty of an offence and is liable, on conviction,
to a fine not exceeding five million shillings or to
imprisonment for a term not exceeding five years or
to both.
Divulging
information
acquired under
Act.
41. A person who, without lawful excuse,
divulges information acquired in the course of
acting under this Act is guilty of an offence and is
liable, on conviction, to a fine not exceeding five
million shillings or to imprisonment for a term not
exceeding five years or to both.
Regulations. 42. The Minister may make regulations for
the better carrying out of the provisions of this Act.
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SCHEDULE (s.26)
Declaration of Income, Assets and Liabilities
1. Name of public officer
(Surname) (First name) (Other names)
2. Birth information
a. Date of birth: ________________
b. Place of birth: _______________
3. Marital status: ____________
4. Address
a. Postal address: _________________
b. Physical address: __________________
5. Employment information
a. Designation: ________________
b. Name of employer: ________________
c. Nature of employment (permanent, temporary,
contract, etc.):
______________________________
6. Names of spouse or spouses
(Surname) (First name) (Other names)
7. Names of dependent children under the age of 18 years.
(Surname) (First name) (Other names)
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8. Financial statement for: ___________________
(A separate statement is required for the officer and each
spouse and dependent child under the age of 18 years.
Additional sheets should be added as required.)
a. Statement date: ___________
b. Income, including emoluments, for period from
______ to _______.
(Including, but not limited to, salary and emoluments and
income from investments. The period is from the previous
statement date to the current statement date. For an initial
declaration, the period is the year ending on the statement
date.)
Description Approximate amount
c. Assets (as of the statement date)
(Including, but not limited to, land, buildings, vehicles,
investments and financial obligations owed to the person for
whom the statement is made.)
Description
(include location of asset where
applicable)
Approximate value
d. Liabilities (as of the statement date)
Description Approximate amount
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9. Other information that may be useful or relevant:
I solemnly declare that the information I have given in
this declaration is, to the best of my knowledge, true and
complete.
Signature of officer:
Date:
Witness:
Signature:
Name:
Address:
_________________
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