Section 3 of Leadership and Integrity Act: Guiding values, principles and requirements
(1) The primary purpose of this Act is to ensure that State officers respect the values, principles and requirements of the Constitution.
(2) A State officer shall respect the values, principles and the requirements of the Constitution, including—
(a) the national values and principles provided for under Article 10 of the Constitution;
(b) the rights and fundamental freedoms provided for under Chapter Four of the Constitution;
(c) the responsibilities of leadership provided for under Article 73 of the Constitution;
(d) the principles governing the conduct of State officers provided for under Article 75 of the Constitution;
(e) the educational, ethical and moral requirements in accordance with Articles 99(1)(b) and 193(1)(b) of the Constitution;
(f) in the case of County governments, the objectives of devolution provided for under Article 174 of the Constitution; and
(g) in so far as is relevant, the values and principles of Public Service as provided for under Article 232 of the Constitution.
(3) Nothing in this Act shall be construed as in any way diminishing or derogating from the values and principles under subsection (2).
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- Section 4 - Implementation of the Act
(1) Every person has the responsibility of implementing the provisions of this Act to the extent required by this Act.
(2) The Commission is responsible for overseeing and enforcing the...
- Section 5 - Delegation of functions by the Commission
The Commission may, by notice in the Gazette, delegate to a public entity or an authorised officer any of its powers and functions under this Act.
- Section 6 - General Code
(1) This Part prescribes a general Leadership and Integrity Code for Stateofficers.
(2) The provisions of Chapter Six of the Constitution shall form part of this Code.
(3) Unless otherwise provided...
- Section 7 - Rule of law
(1) A State officer shall respect and abide by the Constitution and the law.
(2) A State officer shall carry out the duties of the office in accordance withthe law.
(3) In carrying out the duties of...
- Section 8 - Public trust
A State office is a position of public trust and the authority and responsibility vested in a State officer shall be exercised by the State officer in the best interest of the people of Kenya.
- Section 9 - Responsibility and duties
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...
- Section 10 - Performance of duties
A State officer shall, to the best of their ability—
(a) carry out the duties of the office efficiently and honestly;
(b) carry out the duties in a transparent and accountable manner;
(c) keep...
- Section 11 - Professionalism
A State officer shall—
(a) carry out duties of the office in a manner that maintains public confidence in the integrity of the office;
(b) treat members of the public and other public officers with...
- Section 12 - Financial integrity
(1) A State officer shall not use the office to unlawfully or wrongfully enrich himself or herself or any other person.
(2) Subject to Article 76(2)(b) of the Constitution, a State officer shall not...
- Section 12A - Self-declaration
Any person intending to be appointed to a State office shall submit to the Commission a self-declaration form in the form set out in the First Schedule.
- Section 13 - Moral and ethical requirements
(1) For the purposes of Articles 99(1)(b) and 193(1)(b) of the Constitution, a person shall observe and maintain the following ethical and moral requirements—
(a) demonstrate honesty in the conduct...
- Section 14 - Gifts or benefits in kind
(1) A gift or donation given to a State officer on a public or official occasion shall be treated as a gift or donation to the State.
(2) Notwithstanding subsection (1), a State officer may receive a...
- Section 15 - Wrongful or unlawful acquisition of property
A State officer shall not use the office to wrongfully or unlawfully influence the acquisition of property.
- Section 16 - Conflict of interest
(1) A State officer or a public officer shall use the best efforts to avoid being in a situation where personal interests conflict or appear to conflict with the State officer’s or public officer’s...
- Section 17 - Participation in tenders
A State officer or a public officer shall not participate in a tender for the supply of goods or services to a public entity in which he or she is serving or is otherwise similarly associated, but the...
- Section 18 - Public collections
(1) A State officer shall not solicit for contributions from the public for a public purpose unless the President has, by notice in the Gazette, declared a national disaster and allowed a public...
- Section 19 - Bank accounts outside Kenya
(1) Subject to Article 76(2) of the Constitution or any other written law, a State officer shall not open or continue to operate a bank account outside Kenya without the approval of the...
- Section 20 - Acting for foreigners
(1) A State officer shall not be an agent of, or further the interests of a foreign government, organisation or individual in a manner that may be detrimental to the security interests of Kenya,...
- Section 21 - Care of property
(1) A State officer shall take all reasonable steps to ensure that public property in the officer’s custody, possession or control is taken care of and is in good repair and condition.
(2) A State...
- Section 22 - Misuse of official information
(1) A State officer shall not directly or indirectly use or allow any person under the officer’s authority to use any information obtained through or in connection with the office, which is not...
- Section 23 - Political neutrality
(1) An appointed State officer, other than a Cabinet Secretary or a member ofa County executive committee shall not, in the performance of their duties—
(a) act as an agent for, or further the...
- Section 24 - Impartiality
A State officer shall, at all times, carry out the duties of the office with impartiality and objectivity in accordance with Articles 10, 27, 73(2)(b) and 232 of the Constitution and shall not...
- Section 25 - Giving advice
A State officer who has a duty to give advice shall give honest, accurate and impartial advice without fear or favour.
- Section 26 - Gainful employment
(1) Subject to subsection (2), a State officer who is serving on a full-time basis shall not participate in any other gainful employment.
(2) In this section, “gainful employment” means work that a...
- Section 27 - Offers of future employment
(1) A State officer shall not allow himself or herself to be influenced in the performance of their duties by plans or expectations for or offers of future employment or benefits.
(2) A State officer...
- Section 28 - Former State officer acting in a Government or public entity matter
A former State officer shall not be engaged by or act for a person or entity in a matter in which the officer was originally engaged in as a State officer, for at least two years after leaving the...
- Section 29 - Misleading the public
A State officer shall not knowingly give false or misleading information to any person.
- Section 30 - Falsification of records
A State officer shall not falsify any records or misrepresent information to the public.
- Section 31 - Citizenship
(1) Subject to Article 78(3) of the Constitution, a State officer who acquires dual citizenship shall lose his or her position as a State officer.
(2) A person who holds dual citizenship shall, upon...
- Section 32 - Conduct of private affairs
A State officer shall conduct private affairs in a manner that maintains public confidence in the integrity of the office.
- Section 33 - Tax, financial and legal obligations
(1) A State officer shall pay any taxes due from him or her within the prescribed period.
(2) A State officer shall not neglect their financial or legal obligations.
- Section 34 - Bullying
(1) A State officer shall not bully any person.
(2) For purposes of subsection (1), “bullying” includes repeated offensive behaviour which is vindictive, cruel, malicious or humiliating and is...
- Section 35 - Acting through others
(1) A State officer contravenes the Code if the officer—
(a) causes anything to be done through another person that would constitute a contravention of the Code if done by the State officer;...
- Section 36 - Reporting improper orders
(1) If a State officer considers that anything required of them is in contravention of the Code or is otherwise improper or unethical, the State officer shall report the matter to the...
- Section 37 - Establishment of specific codes
(1) Each public entity shall prescribe a specific Leadership and Integrity Codefor the State officers in that public entity.
(2) The specific Leadership and Integrity Code prescribed by a public...
- Section 38 - Application of the general Code
Until a public entity has prescribed a specific Leadership and Integrity Code under section 37, the general Code under Part II of this Act shall apply as though it were the specific Leadership and...
- Section 39 - Approval and publication of specific codes
(1) A public entity shall submit the specific Leadership and Integrity Code prescribed under section 37 to the Commission for approval.
(2) In considering the specific Leadership and Integrity Code...
- Section 40 - State officer to sign Specific Leadership and Integrity Code
Upon appointment or election, a State officer shall sign and commit to the specific Leadership and Integrity Code issued by the relevant public entity at the time of taking the oath of office or...
- Section 41 - Breach of the Code
(1) Subject to subsection (2), a breach of the Code amounts to misconduct forwhich the State officer may be subjected to disciplinary proceedings.
(2) Where an allegation of breach of the Code has...
- Section 42 - Lodging of complaints and investigations
(1) A person who alleges that a State officer has committed a breach of the Code, may lodge a complaint with the relevant public entity and the public entity shall register and inquire into the...
- Section 43 - Referral for possible civil or criminal proceedings
(1) If upon investigation under this Part, the public entity is of the opinion that civil or criminal proceedings ought to be preferred against the respective State officer, the public entity shall...
- Section 44 - Advisory opinion
(1) A State officer or public entity may request the Commission to give an advisory opinion on any issue relating to the application of Chapter Six of the Constitution.
(2) The Commission shall...
- Section 45 - Reports of the Commission
(1) The Commission shall submit an annual report, containing all the information relevant to the enforcement of and compliance with the provisions of this Act, to the President and...
- Section 46 - Obstructing or hindering persons under this Act
(1) A person shall not—
(a) without justification or lawful excuse, obstruct, hinder, assault or threaten a person undertaking his or her duties under this Act;
(b) deceive or knowingly mislead the...
- Section 47 - General penalty
Any person who is convicted of an offence under this Act, for which no penalty is expressly provided, shall be liable on conviction to a fine not exceeding five hundred thousand shillings, or to...
- Section 48 - Breach of section 20
A State officer who does not comply with the provisions of section 20 commits an offence and is liable, on conviction, to a fine not exceeding five million shillings, or to imprisonment for a term not...
- Section 49 - Forfeiture and compensation
(1) Where a State officer is proven to have obtained any property in breach of this Act, the State officer shall, subject to any appeal which the officer may make, forfeit the property and the...
- Section 50 - Protection of officers of the Commission or public entity
Subject to this Act, no civil or criminal liability shall attach to an officer of the Commission or public entity acting on the instructions of the chief executive officer of a public entity, for...
- Section 51 - Oversight over the Commissioners
(1) Where a violation of Chapter Six of the Constitution or this Act, which is nota violation as contemplated in Article 251 of the Constitution, is alleged against a member of the Commission, the...
- Section 52 - Application of Chapter Six of the Constitution and this Act to public officers generally
(1) Pursuant to Article 80(c) of the Constitution, the provisions of Chapter Six of the Constitution and Part II of this Act except section 18 shall apply to all public officers as if they were State...