Leadership And Integrity Act in Kenya

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Search Results...

55 sections

• Section 31 of Leadership and Integrity Act: 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 election or appointment to a State office, not take office before officially renouncing their other...

  
  
• Section 32 of Leadership and Integrity Act: 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 of Leadership and Integrity Act: 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 of Leadership and Integrity Act: 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 intended to undermine a person.

  
  
• Section 35 of Leadership and Integrity Act: 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; or (b) allows or directs a person under their supervision or control to do anything that is in...

  
  
• Section 36 of Leadership and Integrity Act: 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 Commission. (2) The Commission shall investigate the report and take appropriate action within ninety days of...

  
  
• Section 37 of Leadership and Integrity Act: 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 entity shall include all the requirements in the general Leadership and Integrity Code under Part II of...

  
  
• Section 38 of Leadership and Integrity Act: 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 Integrity Code prescribed by the public entity.

  
  
• Section 39 of Leadership and Integrity Act: 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 submitted under subsection (1), the Commission shall ensure that it is consistent with the General...

  
  
• Section 40 of Leadership and Integrity Act: 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 within seven days of assuming a State office.

  
  
• Section 41 of Leadership and Integrity Act: 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 been made against a State officer in respect of whom the Constitution or any other law provides the...

  
  
• Section 42 of Leadership and Integrity Act: 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 complaint. (2) A public entity may authorize any of its officers to inquire into a complaint on its...

  
  
• Section 43 of Leadership and Integrity Act: 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 refer the matter to— (a) the Commission or the Attorney-General, with respect to civil matters; (b)...

  
  
• Section 44 of Leadership and Integrity Act: 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 establish appropriate mechanisms and procedures for the provision of advisory opinions under subsection...

  
  
• Section 45 of Leadership and Integrity Act: 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 Parliament. (2) The Commission shall publish the report made under subsection (1) in the Gazette and facilitate...

  
  
• Section 46 of Leadership and Integrity Act: 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 Commission, a public entity or a person undertaking his or her duties under this Act; (c) destroy,...

  
  
• Section 47 of Leadership and Integrity Act: 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 imprisonment for a term not exceeding three years, or to both.

  
  
• Section 48 of Leadership and Integrity Act: 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 exceeding five years, or to both.

  
  
• Section 49 of Leadership and Integrity Act: 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 property shall be held by the Commission or by an agent appointed by the Commission in trust for the...

  
  
• Section 50 of Leadership and Integrity Act: 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 anything done in good faith by that officer in the performance of the duties under this Act.

  
  
• Section 51 of Leadership and Integrity Act: 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 President shall establish an independent review panel to inquire into the allegation. (2) An...

  
  
• Section 52 of Leadership and Integrity Act: 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 officers. (2) For the purposes of subsection (1), the relevant public entity recognized or...

  
  
• Section 53 of Leadership and Integrity Act: Leadership education and training generally
  

  The Cabinet Secretaries responsible for leadership and integrity, constitutional affairs, education and the public service shall collaborate with the Commission and the relevant public entity for the purpose of developing and overseeing the provision of long term education and training on leadership...

  
  
• Section 54 of Leadership and Integrity Act: Regulations
  

  (1) The Commission shall make Regulations for the better carrying out of theprovisions of this Act. (2) Without prejudice to the generality of subsection (1), the Commission maymake Regulations to— (a) prescribe the limitations on the types of gifts that a State officer can receive under section...