Kenya Subsidiary Legislation, 2016 1993

LEGAL NOTICE No. 54

THE PUBLIC OFFICER ETHICS ACT, 2003
(No. 4 of 2003)
THE PUBLIC SERVICE CODE OF CONDUCT AND ETHICS, 2016
ARRANGEMENT OF PARAGRAPHS
Paragraph.
PART I—PRELIMINARY
1—Citation.
2—Application.
3—Interpretation.
4—General objective.
5—Specific objectives.
6—Professional and statutory codes to be binding.
PART II—CODE OF CONDUCT AND ETHICS FOR PUBLIC
OFFICERS
7—Rule of law.
8—Responsibility and duties.
9—Performance of duties.
10—Professionalism.
11—Conduct of private affairs.
12— Financial Integrity.
13—Tax, financial and legal obligations.
14—Moral and ethical requirements.
15--Gifts and benefits in kind.
16—Wrongful and unlawful acquisition of property.
17--Conflict of interest.
18—Participation in tenders.
19—Collections and harambees.
20—Bank accounts outside Kenya.
21—Acting for foreigners.
22—Care of property.
23—Misuse of official information.
24—Political neutrality.
25—Impartiality.
26—Gainful employment.
 1994 Kenya Subsidiary Legislation, 2016

27—Offers of future employment.

28—Former public officer acting in a Government or public entity
matter.
29—Bullying.
30—Sexual harassment.
31—Submitting of declarations.
32—Acting through others.
33—Reporting improper orders.
PART Ill—ENFORCEMENT OF THE CODE OF CONDUCT AND
ETHICS FOR OFFICERS IN THE PUBLIC SERVICE.
34—A public officer to sign and commit to the Code.
35—Disciplinary procedures, etc.
36—Lodging of complaints and investigations.
37—Referral for possible civil or criminal proceedings.
PART IV—OFFENCES AND PENALTIES.
38—Contravention of the Code.
PART V—MISCELLANEOUS MATTERS.
39—Revocation of Legal Notice No. 124 of 2003.
FIRST SCHEDULE—Registrable Interests.
SECOND SCHEDULE—Register of Gifts.
THIRD SCHEDULE—Register of Declaration of Conflicts of
Interests (Template).
FOURTH SCHEDULE—Commitment Form.
FIFTH SCHEDULE—Register of Complaints (Template).
 Kenya Subsidiary Legislation, 2016 1995

THE PUBLIC OFFICER ETHICS ACT

(No. 4 of 2003)
IN EXERCISE of powers conferred by section 5(1) of the Public
Officer Ethics Act, 2003, the Public Service Commission makes the
following Code of Conduct and Ethics:—
THE PUBLIC SERVICE CODE OF CONDUCT AND ETHICS, 2016
PART I—PRELIMINARY
This Code of Conduct and Ethics may be cited as the Public Citation.
Service Code of Conduct and Ethics, 2016, and shall come into
operation on such date as the Commission may appoint by notice in the
Gazette.
This Code shall apply to all public officers for whom the Application.
Commission is the responsible Commission.
In this Code, unless the context otherwise requires— Interpretation.

"authorised officer" means an officer of a public entity

responsible for the discipline of public officers serving in that public
entity;
"Commission" means the Public Service Commission established
under Article 233(1) of the Constitution;
"gainful employment" means employment that a public officer
pursues or performs for money or for other compensation or
remuneration which is incompatible with the responsibilities of his or
her office or which results in the impairment of his or her judgment or
results in a conflict of interest;
"harambee" means the public collection of funds;
"Member" means the Chairperson, Vice-chairperson or a
Commissioner of the Commission;
"public officer" means a public officer as defined in Article 260
of the Constitution; and
"Secretary" means the Secretary and chief executive officer of
the Commission.
The general objective of the Code is to give effect to the General objective.
provisions of Chapter Six of the Constitution.
The specific objectives of this Code shall include— Specific objectives.

to ensure accountability by a public officer for his or her

decisions or actions;
to promote discipline;
to promote honesty;
to provide mechanisms for the management of conflicts of
interest;
 1996 Kenya Subsidiary Legislation, 2016

to protect the integrity of the public service; and

to provide a framework for reporting of misconduct by a
public officer.
PART II—SPECIFIC CODE OF CONDUCT AND ETHICS FOR
PUBLIC OFFICERS
6. A public officer, who is a professional in the public service, Professional and
statutory codes to be
shall be bound by, and observe, the professional code of conduct he or binding.
she might be required to subscribe to.
7. A public officer shall carry out his or her duties in Rule of law.
accordance with the law.
8. A public officer shall be responsible for the reasonably Responsibility and
duties.
foreseeable consequences of any acts or omissions arising from the
performance of his or her duties.
9. A public officer shall— Performance of
duties.
carry out his or her duties efficiently and honestly;
carry out his or her duties in a transparent and accountable
manner;
keep accurate records and documents relating to his or her
duties;
not be absent from duty without official permission; and
not engage in private business during official working hours.
10. A public officer shall— Professionalism.

carry out his or her duties in a manner that protects the

integrity of his or her office;
treat members of the public and other public officers with
courtesy and respect;
not discriminate against any person;
ensure the efficient, effective and economic use of resources
in his or her charge;
be accountable for his or her administrative acts;
maintain an appropriate standard of dress and personal
hygiene;
discharge any professional responsibilities in a professional
manner; and
where the public officer is a member of a professional body,
observe and subscribe to the ethical and professional
requirements of that body:
Provided that those ethical and professional requirements shall
not contravene the Constitution, this Code or any other written law.
11. A public officer shall conduct private affairs in a manner that Conduct of private
affairs.
maintains public confidence in his or her integrity,
 Kenya Subsidiary Legislation, 2016 1997

12. (1) A public officer shall not use his or her office to Financial integrity.
unlawfully or wrongfully enrich himself, herself or any other person.
A public officer shall not seek or accept a personal loan or
benefit that may compromise his or her integrity.
A public officer shall live within his or her means and shall
not incur any financial liability that he or she cannot satisfy.
13. (1) A public officer shall pay any taxes due from him or her Tax, financial and
legal obligations.
within the prescribed period,
(2) A public officer shall not neglect his or her financial or legal
obligations.
14. A public officer shall— Moral and ethical
requirements.
be honest in the conduct of public affairs;
not engage in activities that amount to abuse of office;
accurately and honestly present information to the public;
not engage in wrongful conduct in furtherance of personal
benefit;
not misuse public resources;
not falsify any records; and
not engage in actions that may lead to his or her removal
from the membership of a professional body to which he or
she may belong.
15. (1) A gift or donation given to a public officer in his or her Gifts and benefits in
kind.
official capacity shall be treated as a gift or donation to his or her
office.
(2) Notwithstanding sub-paragraph (1), a public officer may
receive a gift given in his or her official capacity provided that—
the gift is within the ordinary bounds of propriety;
the gift is an ordinary expression of courtesy or protocol, or
within the ordinary standards of hospitality;
the gift is not in monetary form; and
the gift does not exceed such value as may be prescribed by
the Ethics and Anti-Corruption Commission.
(3) Without limiting the generality of sub-paragraph (2), a public
officer shall not—
(a) accept or solicit gifts, hospitality or other benefits from a
person who-
has an interest that may be achieved by the carrying out
or not carrying out of the public officer's duties;
carries on regulated activities with respect to which the
public entity has a role; or
 1998 Kenya Subsidiary Legislation, 2016

(iii) has a contractual or legal relationship with the public

entity;
accept or offer gifts of jewelry or other gifts comprising
precious metals or stones, ivory or any other animal part
protected under the Convention on International Trade in
Endangered Species of Wild Fauna and Flora; or
any other type of gift specified by the Ethics and Anti-
Corruption Commission.
(4) A public officer shall not receive a gift which is given with an
intention of compromising his or her integrity, objectivity or
impartiality.
(5) Subject to sub-paragraph (2), a public officer who receives a
gift or donation shall declare the gift or donation to the public entity.
(6) Whereas a public officer can accept gifts dictated by custom
such gifts shall not be given or accepted in the public office.
(7) The public entity shall keep a register in the form set out in
the Second Schedule to this Code of—
all gifts received by public officers in that public entity; and
all gifts given by the public entity.
(8) The public entity shall comply with the Ethics and Anti-
Corruption Commission Regulations on the receiving and disposal of
gifts.
A public officer shall not use his or her office to wrongfully Wrongful and
or unlawfully acquire or influence the acquisition of property. unlawful acquisition
of property.
(1) A public officer shall use the best efforts to avoid being Conflict of interest.
in a situation where that public officer's personal interests conflict with
or appear to conflict with the officer's official duties.
(2) Without limiting the generality of sub-paragraph (1), a public
officer shall not hold shares or have any other interest in a company,
partnership or other body, directly or through another person, if the
holding of those shares or having that interest would result in a conflict
with his or her official duties.
(3) A public officer whose personal interests are or may be in
conflict with his or her official duties shall declare those personal
interests to the public entity.
(4) The public entity may give directions on the appropriate
action to be taken by the officer to avoid the conflict of interest and the
officer shall—
comply with the directions; and
refrain from participating in any deliberations with respect to
the matter.
(5) Notwithstanding any directions to the contrary under sub-
paragraph (4), a public officer shall not award or influence the award of
a contract to-
 Kenya Subsidiary Legislation, 2016 1999

himself or herself,
his or her spouse or child; or
a business associate or agent.
In this paragraph, a "conflict of interest" includes the interest
of a spouse, a child, a business associate or an agent, or any other
matter in which the public officer has a direct or indirect pecuniary or
non-pecuniary interest.
Where a public officer is present at a meeting where an issue
that is likely to result in a conflict of interest is to be discussed, he or
she shall declare the interest at the beginning of the meeting or before
the issue is deliberated upon.
A declaration of a conflict of interest under sub-paragraph (7)
shall be recorded in the minutes of that meeting.
The public entity shall maintain a register of conflicts of
interest in the form set out in the Third Schedule to this Code in which
an affected officer shall register the particulars of registrable interests,
stating the nature and extent of the conflict.
For the purposes of sub-paragraph (9), the registrable
interests include the interests set out in the First Schedule to this Code.
The public entity shall keep the register of conflicts of
interests for five years after the last entry in each volume of the
register.
A public officer shall amend the record of his or her
registrable interest in the register maintained under sub-paragraph (9)
whenever there is a change in those registrable interest and such an
amendment shall be made within thirty days of the change in the
conflict of interest.
A public officer shall not, in his or her private capacity, Participation in
tenders.
participate in a tender for the supply of goods or services to the public
entity in which he/she serves.
(1) A public officer shall not— Collections and
harambees.
use his or her office or place of work as a venue for
soliciting or collecting harambees;
either as a collector or a promoter of collection harambee,
obtain money or other property from a person by using his or
her official position in any way to exert pressure;
Cap. 106.
preside at a harambee, or play a central role in the
organization of a harambee, or appear as a guest of honour at
a harambee; or
participate at a harambee in such a way as to reflect
adversely on his integrity or impartiality or interfere with the
performance of his or her duties.
(2) For the purposes of this rule, "collection", "collector" and
"promoter" have the same meanings as are assigned to them in section
2 of the Public Collections Act.
 2000 Kenya Subsidiary Legislation, 2016

20. A public officer shall not maintain a bank account outside Bank accounts
outside Kenya.
Kenya except with the approval of the Ethics and Anti-Corruption
Commission or in accordance with any written law.
21. A public officer shall not be an agent of, or further the Acting for
foreigners.
interests of a foreign government, organisation or individual in a
manner that may be detrimental to the interests of Kenya.
22. (1) A public officer shall take all reasonable steps to ensure Care of property.
that any public property in his or her custody, possession or control is
taken care of and is in good repair and condition.
A public officer shall not use public property, funds or
services that are acquired in the course of, or as a result of, the official
duties for activities for which they were not intended.
A public officer shall return to the issuing authority all the
public property in his or her custody, possession or control at the end of
his or her appointment or employment
A public officer who contravenes sub-paragraph (2) or (3)
shall, in addition to any other penalties provided for under the
Constitution or any other written law, be personally liable for any loss
or damage of the public property.
23. (1) A public officer shall not use or allow any person under Misuse of official
information.
the officer's authority to use any information obtained through or in
connection with the office, which is not available to the public, for the
furthering of any private interest.
(2) Sub-paragraph (1) shall not apply where the information is
used for—
furthering the purposes of this Code; or
education, research, literary, scientific or other purposes not
prohibited by law.
(3) Notwithstanding the generality of sub-paragraph (1), a public
officer shall take all reasonable steps to ensure that confidential or
secret information or documents entrusted to his or her care are
adequately protected from improper or inadvertent disclosure.
24. (1) A public officer shall not, in the performance of his or Political neutrality.
her duties -
act as an agent for, or further the interests of, a political party
or a political candidate at an election; or
manifest support for, or opposition to, any political party or
political candidate at an election.
A public officer shall remain politically neutral during his or
her term of employment.
Without prejudice to the generality of sub-paragraph (2) a
public officer shall not—
(a) engage in the activities of any political party or political
candidate or act as an agent of a political party or a political
candidate at an election; or
 Kenya Subsidiary Legislation, 2016 2001

(b) publicly indicate support for or opposition against any

political party or political candidate at an election.
impartiality.
25. A public officer shall—
at all times carry out his or her duties with impartiality and
neutrality; and
not practice favouritism, nepotism, tribalism, cronyism,
religious bias or any other kind of bias or discrimination, or
engage in corrupt or unethical practices.
Gainful
26. A public officer who is serving on a full-time basis shall not employment.
participate in any other gainful employment during his term of
employment.
Offers of future
27. (1) A public officer shall not be influenced in the employment.
performance of his or her duties by plans or expectations for or offers
of future employment or benefits from any person.
(2) A public officer shall disclose in writing to the public entity
all offers of future employment or benefits that may place him or her in
a situation of a conflict of interest.
Former public
28. A former public officer shall not be engaged by or act for a officer acting in a
person or in a manner in which the former officer was originally Government or
engaged in as an officer of the public entity for at least two years after public entity matter.
his or her employment with the public entity ends.
Bullying.
29. (1) A public officer shall not bully any person.
(2) For the purposes of sub-paragraph (1), "bullying" shall
include offensive behavior which is vindictive, cruel, malicious or
humiliating and which is intended to undermine another person.
Sexual harassment.
30. (1) A public officer shall not sexually harass a member of
the public or another public officer.
(2) For the purposes of sub-paragraph (1), "sexual harassment"
shall include—
making a request or exerting pressure for sexual activity or
favours;
making intentional or careless physical contact that is sexual
in nature; or
making gestures, noises, jokes or comments including
innuendos regarding another person's sexuality.
(a) sending of sexually suggestive texts, pictures or videos
31. A public officer shall submit any declaration or clarification Submitting of
declarations.
required under Part IV of the Public Officer Ethics Act, 2003.
Acting though
32. (1) A public officer shall not— others.
(a) cause anything to be done through another person that would
constitute a contravention of any provision of this Code if
such thing was done by the officer; or
 2002 Kenya Subsidiary Legislation, 2016

(b) allow or direct a person under his or her supervision or

control to do anything that would be in contravention of this
Code.
Sub-paragraph (1)(b) shall not apply where anything is done
without the officer's knowledge or consent, or where the officer has
taken reasonable steps to prevent the doing of that thing.
A public officer who acts under an unlawful direction shall be
personally responsible for his or her acts.
(1) Where a public officer considers that anything required Reporting improper
orders.
of him or her is a contravention of this Code or is otherwise improper
or unethical, the officer shall report the matter to the authorized officer.
(2) The authorized officer shall investigate the matter reported
under sub-paragraph (1) and take appropriate action within ninety days
of receiving the report.
PART 111—ENFORCEMENT OF THE CODE OF CONDUCT AND
ETHICS FOR OFFICERS IN THE PUBLIC SERVICE.
(1) On appointment to a public entity, a public officer shall A public officer to
sign and commit to
sign and commit to this Code in the form set out in the Fourth Schedule the Code.
to this Code.
(2) A public officer who is in service at the time of the coming
into force of this Code shall sign and commit to this Code within seven
days of the coming into force of this Code.
(1) Subject to sub-paragraph (2), a breach of this Code shall Disciplinary
procedure, etc.
be deemed to be an act of misconduct for which the public officer may
be subject to disciplinary proceedings.
(2) Where an allegation of a breach of this Code has been made
against a public officer in respect of whom the Constitution or a written
law provides for the procedure of removal or dismissal, the question of
the removal or dismissal of the public officer shall be determined in
accordance with the Constitution or that other written law.
(1) A person who alleges that a public officer has committed Lodging of
complaints and
a breach of this Code may notify the authorized officer of the public
entity and the authorized officer shall register the complaint in the form
set out in the Fifth Schedule to this Code and investigate the allegation.
The authorized officer may assign any officer or a competent
authority to inquire into the allegation and determine whether or not the
public officer has contravened this Code.
A public officer against whom an allegation has been made
under this paragraph shall be informed of the allegation by the
authorized officer and shall be given adequate opportunity to challenge
the allegation.
A person who makes an allegation against a public officer
shall be entitled to be informed of any action taken in relation to the
allegation.
 Kenya Subsidiary Legislation, 2016 2003

Where an investigation against a public officer under this

paragraph has been initiated, and the public officer resigns his or her
office before the investigation has been completed, the investigation
may be continued even after the resignation of the public officer.
Subject to any other written law, a public officer against
whom an allegation has been made under this paragraph may be
suspended from office while an inquiry is made regarding the
allegation.
The authorized officer may take disciplinary action against a
public officer for the contravention of a provision of this Code.
37. If upon investigation under this Part the authorized officer is R for possible
i or criminal
civil
of the opinion that civil or criminal proceedings should be preferred proceedings.
against a public officer, the authorized officer shall refer the matter
to—
the Ethics and Anti-Corruption Commission;
the Attorney-General;
the Director of Public Prosecutions; or
any other competent authority.
PART IV—OFFENCES AND PENALTIES
38. A public officer who contravenes any provision of this Code Contravention of the
Code.
shall be liable to disciplinary action as may be prescribed in any written
law.
PART V—MISCELLANEOUS MATTERS
39. The Public Service Commission Code of Conduct and Revocation of Legal
Notice No. 124 of
Ethics, 2003, is revoked. 2003.
2004 Kenya Subsidiary Legislation, 2016

SCHEDULE p. 15(10)

REGISTRABLE INTERESTS
Directorships in public or private companies, whether or not remunerated
directly or indirectly.
Remunerated employment, including office, trade, professional, or vocational,
or in which the public officer has any pecuniary interest.
Securities (shares, bonds, debentures or other similar holding) in a company,
enterprise or undertaking the aggregate, nominal or market of a value which
exceeds the value prescribed by the public entity.
Contracts for supply of goods and services to the public entity.
Offers of future employment.
Shareholdings in public or private companies amounting to a controlling
interest.
Landholdings.
Gifts, benefits and hospitality, including to a spouse, child, partner or business
associate, or other material benefit of a value prescribed by the public entity
from a company, organisation or person within or outside Kenya which relates
to the public office.
Pending civil claims against the public officer.
Pending criminal charges against the public officer.
Citizenship of another country.
 Kenya Subsidiary Legislation, 2016 2005

SECOND SCHEDULE p. 16(7)

REGISTER OF GIFTS
(TEMPLATE)
NAME OF PUBLIC ENTITY .....................................................................

FlY ..................................

Name of
Name of Value And Date Gift Date Recorded Decision on the Gift
• Officer
Person or Purpose of Given in the Register —for Officer /
Entity Gift Organization / to Be
Giving The Returned
______ Gift
 2006 Kenya Subsidiary Legislation, 2016

THIRD SCHEDULE P. 18(9)

REGISTER OF DECLARATION OF CONFLICT OF INTEREST
(TEMPLATE)
NAME OF PUBLIC ENTITY.....................................................................
F/Y ..............................
Name of Pate ConflicBusiness Under Nature of [Decision Made onj Signature of
Officer Recorded Transaction Conflict Participation of Officer Making
Officer Declaration
 Kenya Subsidiary Legislation, 2016 2007

FOURTh SCHEDULE p. 41 (1)

COMMITMENT FORM
Nameof the Employee...............................................................................................................
EmployeeNumber......................................................................................................................
Department.................................................................................................................................
JobTitle: .....................................................................................................................................
I...................................................................hereby affirm that I have read, understood,
and agree to adhere to the Public Service Code of Conduct and Ethics, 2016, and further
affirm that I will comply fully to the extent that it is written.
Signature...................................................................................
Date...........................................................................................

FIFTH SCHEDULE p. 43(1)

REGISTER OF COMPLAINTS (TEMPLATE)
NAMEOF STATE OFFICE......................................................................................................
F/Y ..................................................................................
Name of Date of Particulars of Nature of Decision Particulars
Person Complaint Officer / Complaint Made on the and Signature
Making Organization Complaint of Officer
Complaint Complaint Attending to
Against complaint

MARGARET KOBIA,
Chairperson, Public Service Commission.

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