The Public Officer Ethics Regulations

Legal Notice 120 of 2003

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LAWS OF KENYA

PUBLIC OFFICER ETHICS ACT

THE PUBLIC OFFICER ETHICS REGULATIONS

LEGAL NOTICE 120 OF 2003

  • Published in Kenya Gazette Vol. CV—No. 80 on 8 August 2003
  • Commenced on 2 May 2003
  1. [Amended by Public Officer Ethics (Amendment) Regulations, 2010 (Legal Notice 64 of 2010) on 14 May 2010]
  2. [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]

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Preliminary

1. Citation and commencement

(1)These Regulations may be cited as the Public Officer Ethics Regulations.
(2)Regulations 10 and 11 shall be deemed to have come into force on the 2nd May, 2003.

2. Definitions

In these Regulations—“state corporation” means a state corporation within the meaning of the State Corporations Act (Cap. 446).

Additional Public Officers Covered by Act

3. Extension of Act to all state corporations

State corporations are prescribed for the purposes of paragraph (g) of the definition of “public officer” in section 2 of the Act.

Responsible Commissions

4. Members of Teachers Service Commission

The committee of the National Assembly responsible for the ethics of members is the responsible Commission for the members of the Teachers Service Commission.

5. Staff of Teachers Service Commission

The Teachers Service Commission is the responsible Commission for the officers and employees of the Teachers Service Commission.

6. Responsible Commission for public university employees, etc.

The Commission for University Education, established under the Universities Act (Cap. 210), is prescribed as the responsible Commission for officers and employees of a public university, including the members of a council of a public university other than members who are members of the public service for whom the Public Service Commission is the responsible Commission.

7. Commission for co-operative society officers, etc.

(1)The Ethics Commission for Co-operative Societies established in accordance with subregulation (2) is prescribed as the responsible Commission for officers of a co-operative society established under the Co-operative Societies Act (Cap. 490), including the members of the governing body of the co-operative society.
(2)An unincorporated body to be known as the Ethics Commission for Co-operative Societies is hereby established which shall consist of—
(a)a Chairperson who shall be a person with wide experience in Co-operative business, appointed by the Cabinet Secretary for Co-operative Development;
(b)a vice-chairperson, elected by the members of the Commission from amongst the members;
(c)the Principal Secretary of the Ministry responsible for Cooperative Development and Marketing or his designated representative;
(d)the Principal Secretary of the Ministry responsible for integrity issues or his designated representative;
(e)the Director of the Co-operative College of Kenya;
(f)a representative of the Co-operative Alliance of Kenya;
(g)four other persons appointed by the Cabinet Secretary for Cooperative Development to represent—
(i)the Institute of Certified Public Accountants of Kenya;
(ii)an institution of higher education (University);
(iii)the Kenya Bankers Association;
(iv)the Sacco Society Regulatory Authority.
(3)A member of the Committee appointed under paragraph (2)(a) and (g) shall hold office for a term of three years and shall be eligible for re-appointment for one further term.[L.N. 64/2010, r. 2.]

8. Commission for government controlled bank employees, etc.

(1)The board of directors of the Central Bank of Kenya is prescribed as the responsible Commission for officers and employees of the following—
(a)the Central Bank of Kenya; and
(b)banks and financial institutions licensed under the Banking Act that are state corporations.
(2)For the purposes of paragraph (1), “officers”—
(a)includes the members of the board, by whatever name called, carrying out or empowered to carry out functions relating to the overall direction and management of a bank or financial institution described in paragraph (1)(b), other than members who are members of the public service for whom the Public Service Commission is the responsible Commission; and
(b)does not include members of the board of directors of the Central Bank of Kenya.

9. Commission for others not specified

The Public Service Commission is prescribed as the responsible Commission for officers, employees and members for whom no other responsible Commission is specified under subsections (2) to (9) of section 3 of the Act or regulations 4 to 8.

Regulations Relating to the Code of Conduct and Ethics

10. Maximum value of gifts under section 11(3) of the Act

The maximum value prescribed, for the purposes of section 11(3) of the Act, that a nonmonetary gift to a public officer may have without being deemed to be gift to the public officer’s organisation is 20,000 shillings.

11. Conflict of interest under section 12 of the Act

The personal interests of a public officer do not conflict with his official duties with respect to a matter, for the purposes of section 12 of the Act, if the following are satisfied—(a)the personal interests of the public officer are not specific to the public officer but arise from the public officer being a member of a class of persons who all have personal interests in the matter;(b)it would be impractical for the public officer and all other public officers who have personal interests in the matter to refrain from participating in deliberations with respect to the matter; and(c)either the personal interests of the public officer are obvious or the public officer declares his personal interests to his superior or other appropriate body or person.

Regulations Relating to the Enforcement of the Code

12. Confirmation that complaint received

A responsible Commission that receives a written complaint that the Code of Conduct and Ethics has been contravened shall, within thirty days, give the complainant a written confirmation that the complaint has been received.

13. Publication of actions relating to discipline

The prescribed manner of making an action of a Commission public under section 37(1) of the Act is publication in the Gazette.
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History of this document

31 December 2022 this version
08 August 2003
02 May 2003
Commenced

Cited documents 1

Act 1
1. State Corporations Act 154 citations

Documents citing this one 0