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- Is amended by 24th Annual Supplement
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LAWS OF KENYA
PUBLIC OFFICER ETHICS ACT
CAP. 185B
- Published in Kenya Gazette Vol. CV—No. 51 on 9 May 2003
- Assented to on 30 April 2003
- Commenced on 2 May 2003
- [Amended by Statute Law (Miscellaneous Amendments) Act, 2007 (Act No. 7 of 2007) on 15 October 2007]
- [Amended by Access to Information Act (Cap. 7M) on 21 September 2016]
- [Amended by Statute Law (Miscellaneous Amendments) Act, 2017 (Act No. 11 of 2017) on 4 May 2017]
- [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
Part I – PRELIMINARY
1. Short title
This Act may be cited as the Public Officer Ethics Act.2. Interpretation
In this Act, unless the context otherwise requires—"Cabinet Secretary" means the Cabinet Secretary responsible for integrity issues;"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;"public officer" means any officer, employee or member, including an unpaid, part-time or temporary officer, employee or member, of any of the following—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
This Part sets out a general Code of Conduct and Ethics for public officers.8. Performance of duties, general
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.9. Professionalism
A public officer shall—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.
A public officer shall not practice nepotism or favouritism.18. Giving of advice
A public officer who has a duty to give advice shall give honest and impartial advice without fear or favour.19. Misleading the public, etc.
A public officer shall not knowingly give false or misleading information to members of the public or to any other public officer.20. Conduct of private affairs
21. Sexual harassment
22. Selection, etc. of public officers
A public officer shall practice and promote the principle that public officers should be—23. Submitting of declarations, etc.
A public officer shall submit any declaration or clarification required under Part IV to be submitted or made by him.24. Acting through others
25. Reporting improper orders
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 unethical, he shall report the matter to an appropriate authority.Part IV – DECLARATIONS OF INCOME, ASSETS AND LIABILITIES
26. Declaration required
27. When declarations must be made
28. Clarifications
29. Information to be correct
A person submitting a declaration or providing a clarification shall ensure that the declaration or clarification is correct, to the best of his knowledge.30. Access to declarations
31. Retention of information
A Commission shall keep information collected under this Part concerning a person for at least five years after the person ceased to be a public officer.[Act No. 7 of 2007, Sch.]32. Offences
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.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
If, as a result of an investigation under 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.39. Exceptions
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
40. Obstruction or hindering persons under Act
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.41. Divulging information acquired under Act
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.Provided that the provision of this section as to divulging of information without lawful excuse shall only apply to exempt information provided for in section 6.[Act No. 31 of 2016, Sch.]42. Regulations
The Cabinet Secretary may make regulations for the better carrying out of the provisions of this Act.History of this document
31 December 2022 this version
Revised by
24th Annual Supplement
04 May 2017
21 September 2016
Amended by
Access to Information Act
Read this version
15 October 2007
09 May 2003
02 May 2003
Commenced
30 April 2003
Assented to
Documents citing this one 207
Judgment 114
Gazette 61
Act 11
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Article 1
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