Related documents
- Is amended by 24th Annual Supplement
- Is amended by Statute Law (Miscellaneous Amendment) Act, 2023
LAWS OF KENYA
LEADERSHIP AND INTEGRITY ACT
CAP. 185C
- Published in Kenya Gazette Vol. CXIV—No. 81 on 31 August 2012
- Assented to on 27 August 2012
- Commenced on 27 August 2012
- [Amended by Statute Law (Miscellaneous Amendments) (No. 2) Act, 2012 (Act No. 47 of 2012) on 4 January 2013]
- [Amended by Statute Law (Miscellaneous Amendments) Act, 2014 (Act No. 18 of 2014) on 8 December 2014]
- [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
- [Amended by Statute Law (Miscellaneous Amendment) Act, 2023 (Act No. 19 of 2023) on 11 December 2023]
Part I – PRELIMINARY
1. Short title
This Act may be cited as the Leadership and Integrity Act.2. Interpretation
3. Guiding values, principles and requirements
4. Implementation of the Act
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.Part II – GENERAL LEADERSHIP AND INTEGRITY CODE
6. General Code
7. Rule of law
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.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 the duties of the office.10. Performance of duties
A State officer shall, to the best of their ability—11. Professionalism
A State officer shall—12. Financial integrity
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.[Act No. 18 of 2014, Sch.]13. Moral and ethical requirements
14. Gifts or benefits in kind
15. Wrongful or unlawful acquisition of property
A State officer shall not use the office to wrongfully or unlawfully influence the acquisition of property.16. Conflict of interest
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 holding of shares by a State officer or a public officer in a company shall not be construed as participating in the tender of a public entity unless the State officer or public officer has a controlling shareholding in the company.18. Public collections
19. Bank accounts outside Kenya
20. Acting for foreigners
21. Care of property
22. Misuse of official information
23. Political neutrality
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 practise favouritism, nepotism, tribalism, cronyism, religious bias or engage in corrupt or unethical practices.25. Giving advice
A State officer who has a duty to give advice shall give honest, accurate and impartial advice without fear or favour.26. Gainful employment
27. Offers of future employment
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 State office.29. Misleading the public
A State officer shall not knowingly give false or misleading information to any person.30. Falsification of records
A State officer shall not falsify any records or misrepresent information to the public.31. Citizenship
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.33. Tax, financial and legal obligations
34. Bullying
35. Acting through others
36. Reporting improper orders
Part III – SPECIFIC LEADERSHIP AND INTEGRITY CODES
37. Establishment of specific Codes
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 Integrity Code prescribed by the public entity.39. Approval and publication of specific codes
Part IV – ENFORCEMENT OF THE LEADERSHIP AND INTEGRITY CODE
40. State officer to sign Specific Leadership and Integrity Code
41. Breach of the Code
42. Lodging of complaints and investigations
43. Referral for possible civil or criminal proceedings
44. Advisory opinion
45. Reports of the Commission
Part V – OFFENCES AND PENALTIES
46. Obstructing or hindering persons under this Act
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 imprisonment for a term not exceeding three years, or to both.48. Breach of section 20
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.49. Forfeiture and compensation
Part VI – GENERAL PROVISIONS
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 anything done in good faith by that officer in the performance of the duties under this Act.51. Oversight over the Commissioners
52. Application of Chapter Six of the Constitution and this Act to public officers generally
53. 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 and integrity to—54. Regulations
Part VII – TRANSITIONAL PROVISION
55. [Deleted by Act No. 47 of 2012, Sch.]
History of this document
11 December 2023 this version
31 December 2022
Revised by
24th Annual Supplement
Read this version
08 December 2014
04 January 2013
31 August 2012
27 August 2012
Assented to
Commenced
Cited documents 10
Act 10
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2. | Sexual Offences Act | 6564 citations |
3. | Oaths and Statutory Declarations Act | 639 citations |
4. | Ethics and Anti-Corruption Commission Act | 264 citations |
5. | Kenya Citizenship and Immigration Act | 218 citations |
6. | Public Officer Ethics Act | 207 citations |
7. | Counter-Trafficking in Persons Act | 84 citations |
8. | Children Act | 42 citations |
9. | Public Service (Values and Principles) Act | 38 citations |
10. | Penal Code | 28 citations |
Documents citing this one 322
Judgment 205
Gazette 100
Legal Notice 6
Bill 5
Act 3
1. | Public Procurement and Asset Disposal Act | 366 citations |
2. | Anti-Bribery Act | 76 citations |
3. | Parliamentary Powers and Privileges Act | 27 citations |
Bench Bulletin 3
1. | Bench Bulletin - Issue 21 | |
2. | Bench Bulletin - Issue 49 | |
3. | Bench Bulletin - Issue 57 |
Subsidiary legislation
Title
|
Date
|
|
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The Leadership and Integrity Regulations | Legal Notice 13 of 2015 | 31 December 2022 |