The Defence Forces Code of Conduct and Ethics

Legal Notice 126 of 2003

This is the latest version of this Legal Notice.
Citation
Legal Notice 126 of 2003
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Public Officer Ethics Act
Date
31 December 2022
Language
English
Type
Legal Notice
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LAWS OF KENYA

PUBLIC OFFICER ETHICS ACT

THE DEFENCE FORCES CODE OF CONDUCT AND ETHICS

LEGAL NOTICE 126 OF 2003

  • Published in Kenya Gazette Vol. CV—No. 80 on 8 August 2003
  • Commenced on 8 August 2003
  1. [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
The armed forces are a professional national defence institution. The armed forces serve the President and the Republic of Kenya in accordance with the Constitution and the laws of Kenya. They are charged with the defence of the Republic and the support of the civil power in the maintenance of order.The valued traditions of the armed forces include honour and discipline as well as a strong sense of loyalty. Service in the armed forces places special demands on its members including unquestioning obedience to lawful orders and even the sacrifice of their lives.This Code is intended to establish standards of ethical conduct and behaviour for members of the armed forces. This Code contains rules of conduct and ethics to be observed by members of the armed forces so as to maintain public confidence in the integrity of the armed forces. The Code does not in any way replace the laws and orders governing the discipline and general conduct of members of the armed forces. Members of the armed forces must obey those laws and orders and all other applicable laws.

Part I – PRELIMINARY

1. Citation

This Code may be cited as the Armed Forces Code of Conduct and Ethics.

2. Interpretation

In this Code, unless the context otherwise requires—“commanding officer” means a commanding officer within the meaning of the Armed Forces Act.

3. Application of Code

This Code applies with respect to the members of the armed forces.

Part II – REQUIREMENTS

4. Compliance with General Code

(1)A member of the armed forces shall comply with all the requirements imposed on a public officer under the General Code of Conduct and Ethics set out in Part III of the Act.
(2)The General Code of Conduct and Ethics set out in Part III of the Act is set out in the Appendix to this Code and shall form part of this Code.

5. Faithfulness to oath of allegiance

A member of the armed forces shall be true and faithful to the oath of allegiance taken by the member as required under the Armed Forces Act.

6. General responsibilities of commanders

Commanding officers shall be responsible for the training, security, discipline, health, welfare, morale and general efficiency of the members of the armed forces under their command.

7. Obedience to orders

A member of the armed forces shall obey all lawful orders and directions from a superior officer.

8. Support of superiors

A member of the armed forces shall support his superior officers in the maintenance of order and discipline.

9. Criticism or praise of superiors

A member of the armed forces shall not criticise or praise a superior officer in a way that may bring the superior officer into contempt or cause disaffection.

10. Complaints about other members of the armed forces

(1)A member of the armed forces shall not make a complaint about another member of the armed forces in relation to armed forces matters except in accordance with the procedures under the Armed Forces Act and the applicable orders and directions.
(2)A member of the armed forces shall not make a complaint described in paragraph (1) in combination with another member of the armed forces.
(3)A member of the armed forces shall not make a complaint described in paragraph (1) anonymously.

11. Laudatory orders

A member of the armed forces shall not publish or post a laudatory order.

12. Treatment of subordinates

A member of the armed forces who is an officer, warrant officer or non-commissioned officer shall adopt such methods of command and treatment of subordinates as will ensure respect for authority and foster self respect and personal honour among subordinates.

13. Understanding of obligations and duties under Act, regulations and standing orders

A member of the armed forces shall ensure that he understands his obligations and duties under the Armed Forces Act, the regulations under that Act and all standing orders or directions, including any changes made from time to time.

14. Drinking of alcoholic beverages

(1)A member of the armed forces shall not drink alcoholic beverages to an extent that may interfere with his ability to carry out his duties.
(2)A member of the armed forces shall not drink an alcoholic beverage on armed forces premises except as allowed under the applicable orders and directions.

15. Misuse of drugs

A member of the armed forces shall not misuse drugs.

16. Lending and borrowing money

A member of the armed forces shall not lend money to, or borrow money from, another member of the armed forces.

17. Gambling

A member of the armed forces shall not engage in any form of gambling or bookmaking.

18. Possession of firearms

(1)A member of the armed forces shall possess service firearms and ammunition only in accordance with his official duties and only in accordance with the applicable orders and directions.
(2)A member of the armed forces shall possess private firearms and ammunition only in accordance with the applicable laws governing private firearms and ammunition.

19. Prohibition against standing for election

A member of the armed forces shall not stand for election as a member of the National Assembly or a local authority or hold a political office.

20. Political neutrality

Regardless of his political opinions, a member of the armed forces shall serve impartially, with loyalty, honesty and objectivity.

21. Canvassing for favours in armed forces

A member of the armed forces shall not canvass or lobby, either directly or indirectly, for any favours in the armed forces.

22. Public comments

(1)A member of the armed forces—
(a)shall not make public comments that support or criticize a political party;
(b)shall not make public comments that may compromise, or may reasonably be seen to compromise, the political neutrality of his office;
(c)shall not make public comments giving his personal views or opinions about the armed forces or any matter relating to the armed forces, except as authorized by an order or direction;
(d)shall not, expressly or by implication, represent that any public comments he makes reflect the views or opinions of the armed forces if that is not the case.
(2)For greater certainty, in this rule, “public comments” includes comments made to members of the press or other media.

23. Safeguarding of information

(1)A member of the armed forces shall not disclose any information relating to armed forces matters to a person who is not a member of the armed forces, except in furtherance of his official duties or as otherwise authorized, and shall do so only in accordance with any applicable orders or directions.
(2)A member of the armed forces shall ensure that restricted information or documents entrusted to his care are adequately protected from improper or inadvertent disclosure and shall follow the applicable orders and directions for safeguarding such information and documents.

24. Private affairs – outside activities

(1)While a member of the armed forces should not be isolated from the society of which he is a part, he shall ensure that his non-official activities do not interfere with his official duties or affect the dignity of his office and that the risk of conflict with his official duties is minimized.
(2)A member of the armed forces shall not engage in private business while on duty.
(3)A member of the armed forces may engage in private business or private employment only as allowed under the applicable orders and directions.

25. Endorsing of private activities, etc.

(1)A member of the armed forces shall not use his position or title or any authority associated with his office in a manner that could reasonably be construed to imply that the armed forces or the Government sanctions or endorses any activities, either by him or by any other person, that are not activities of the armed forces.
(2)A member of the armed forces shall not promote or endorse any product, service or commercial enterprise while participating in a sporting or other event if either—
(a)the event is organized, either wholly or partly, by the armed forces; or
(b)the member of the armed forces is participating as a member of the armed forces.
(3)A member of the armed forces shall not provide a testimonial to a person or organization in respect of goods or services supplied by that person or organization.
(4)Paragraph (3) does not prevent a member of the armed forces from communicating directly with a person, at that person’s request, about goods or services supplied by another person.

26. Private affairs – financial dealings

(1)A member of the armed forces shall live within his means and avoid incurring any financial liability that he cannot satisfy.
(2)A member of the armed forces who becomes bankrupt, becomes a judgment debtor or against whom proceedings are taken in bankruptcy shall forthwith report the matter to his commanding officer.

27. Potential conflicts of interest

If, because of the duties of a member of the armed forces, there is a likelihood that the member will be assigned a matter that would result in his having a conflict of interest, the member shall inform his commanding officer of that likelihood.

28. Gifts

(1)If a member of the armed forces is given a gift described in paragraph (2), then, even if the gift is not deemed, under section 11(3) of the General Code of Conduct and Ethics set out in the Appendix to this Code, to be a gift to the armed forces—
(a)the member of the armed forces shall report the matter to the Chief of General Staff who shall direct the appropriate mode of disposal of the gift; and
(b)the member of the armed forces shall comply with such direction.
(2)The gifts referred to in paragraph (1) are—
(a)a gift from a person described in subparagraph (i), (ii) or (iii) of section 11(2)(a) of the General Code of Conduct and Ethics set out in the Appendix to this Code; or
(b)a gift given to the member of the armed forces on a public or ceremonial occasion.
(3)A gift that a member of the armed forces is otherwise allowed to accept from a relative or friend because it is given on a special occasion recognized by custom shall not be accepted by the member of the armed forces in a public office.
(4)A member of the armed forces shall not—
(a)give a gift to a superior officer;
(b)make a contribution, or solicit contributions, for a gift to a superior officer; or
(c)solicit contributions from a member of the armed forces for a gift to a superior officer of that member.
(5)This rule does not apply with respect to a gift that is given to a member of the armed forces by other members of the armed forces if—
(a)the gift is paid for out of a fund that is administered by members of the armed forces; and
(b)the fund does not include any contributions from members of the armed forces.

29. Harambees

(1)A member of the armed forces shall not preside over a harambee, play a central role in its organization or play the role of “guest of honour”.
(2)A member of the armed forces shall not participate in a harambee in such a way as to reflect adversely on the honour and dignity of the armed forces or to interfere with the performance of his official duties.

30. Member of the armed forces as expert witness

(1)Unless authorized in writing by the Chief of General Staff, a member of the armed forces shall not agree to be an expert witness, other than on behalf of the armed forces or the Government, in a proceeding in which the armed forces or the Government is a party or has a substantial interest.
(2)Nothing in paragraph (1) prevents a member of the armed forces who has been summoned by the court or other appropriate authority from appearing as an expert witness but the member shall, before appearing, notify his commanding officer that he has been so summoned.

31. Absence from Kenya

A member of the armed forces shall not leave Kenya without the permission of the Chief of General Staff.

32. Reporting of charges against a member of the armed forces

(1)A member of the armed forces who is charged with an offence described in paragraph (2) shall forthwith report the matter to his commanding officer.
(2)An offence referred to in paragraph (1) is an offence that may be punished by imprisonment, other than in default of payment of a fine.

33. Breach of Code

Where a member of the armed forces has committed a breach of this Code, appropriate action will be taken in accordance with the Act and other applicable laws.

APPENDIX [para. 4(2)]

GENERAL CODE OF CONDUCT AND ETHICS

(Extract of Part III of the Act)

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—
(a)carry out his duties in a way that maintains public confidence in the integrity of his office;
(b)treat the public and his fellow public officers with courtesy and respect;
(c)to the extent appropriate to his office, seek to improve the standards of performance and level of professionalism in his organisation;
(d)if a member of a professional body, observe the ethical and professional requirements of that body;
(e)observe official working hours and not be absent without proper authorisation or reasonable cause;
(f)maintain an appropriate standard of dress and personal hygiene; and
(g)discharge any professional responsibilities in a professional manner.

10. Rule of law

(1)A public officer shall carry out his duties in accordance with the law.
(2)In carrying out his duties, a public officer shall not violate the rights and freedoms of any person under Part V of the Constitution.

11. No improper enrichment

(1)A public officer shall not use his office to improperly enrich himself or others.
(2)Without limiting the generality of subsection (1), a public officer shall not—
(a)except as allowed under subsection (3) or (4), accept or request gifts or favours from a person who—
(i)has an interest that may be affected by the carrying out, or not carrying out, of the public officer’s duties;
(ii)carries on regulated activities with respect to which the public officer’s organisation has a role; or
(iii)has a contractual or similar relationship with the public officer’s organisation;
(b)improperly use his office to acquire land or other property for himself or another person, whether or not the land or property is paid for; or
(c)for the personal benefit of himself or another, use or allow the use of information that is acquired in connection with the public officer’s duties and that is not public.
(3)A public officer may accept a gift given to him in his official capacity but, unless the gift is a non-monetary gift that does not exceed the value prescribed by regulation, such a gift shall be deemed to be a gift to the public officer's organisation.
(4)Subsection (2)(a) does not prevent a, public officer from accepting a gift from a relative or friend given on a special occasion recognized by custom.
(5)Subsection (2)(c) does not apply to the use of information for educational or literary purposes, research purposes or other similar purposes.

12. Conflict of interest

(1)A public officer shall use his best efforts to avoid being in a position in which his personal interests conflict with his official duties.
(2)Without limiting the generality of subsection (1), a public officer shall not hold shares or have any other interest in a corporation, partnership of other body, directly or through another person, if holding those shares or having that interest would result in the public officer's personal interests conflicting with his official duties.
(3)A public officer whose personal interests conflict with his official duties shall—
(a)declare the personal interests to his superior or other appropriate body and comply with any directions to avoid the conflict; and
(b)refrain from participating in any deliberations with respect to the matter.
(4)Notwithstanding any directions to the contrary under subsection (3)(a), a public officer shall not award a contract, or influence the award of a contract, to—
(a)himself;
(b)a spouse or relative;
(c)a business associate; or
(d)a corporation, partnership or other body in which the officer has an interest.
(5)The regulations may govern when the personal interests of a public officer conflict with his official duties for the purposes of this section.
(6)In this section, “personal interest” includes the interest of a spouse, relative or business associate.

13. Collections and harambees

(1)A public officer shall not—
(a)use his office or place of work as a venue for soliciting or collecting harambees; or
(b)either as a collector or promoter of a public collection, obtain money or other property from a person by using his official position in any way to exert pressure.
(2)In this section, “collection”, “collector” and “promoter” have the same meanings as in section 2 of the Public Collections Act (Cap. 106).

14. Acting for foreigners

(1)No public officer shall, in a manner that may be detrimental to the security interests of Kenya, be an agent for, or further the interests of, a foreign government, organisation or individual.
(2)For the purposes of this section—
(a)an individual is foreign if the individual is not a citizen of Kenya;
(b)an organisation is foreign if it is established outside Kenya or if it is owned or controlled by foreign governments, organisation or individuals.

15. Care of property

(1)A public officer shall take all reasonable steps to ensure that property that is entrusted to his care is adequately protected and not misused or misappropriated.
(2)A person who contravenes subsection (1) shall be personally liable for losses resulting from the contravention.

16. Political neutrality

(1)A public officer shall not, in or in connection with the performance of his duties as such—
(a)act as an agent for, or so as to further the interest of, a political party; or
(b)indicate support for or opposition to any political party or candidate in an election.
(2)A public officer shall not engage in political activity that may compromise or be seen to compromise the political neutrality of his office.
(3)This section does not apply to a member of the National Assembly or a councillor of a local authority.

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

(1)A public officer shall conduct his private affairs in a way that maintains public confidence in the integrity of his office.
(2)A public officer shall not evade taxes.
(3)A public officer shall not neglect his financial obligations or neglect to settle them.

21. Sexual harassment

(1)A public officer shall not sexually harass a member of the public or a fellow public officer.
(2)In subsection (1), “sexually harass” includes doing any of the following, if the person doing it knows or ought to know that it is unwelcome—
(a)making a request or exerting pressure for sexual activity or favours;
(b)making intentional or careless physical contact that is sexual in nature; and
(c)making gestures, noises, jokes or comments, including innuendoes, regarding another person’s sexuality.

22. Selection, etc., of public officers

A public officer shall practice and promote the principle that public officers should be—
(a)selected on the basis of integrity, competence and suitability; or
(b)elected in fair elections.

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

(1)A public officer contravenes the Code of Conduct and Ethics if—
(a)he causes anything to be done through another person that would, if the public officer did it, be a contravention of the Code of Conduct and Ethics; or
(b)he allows or directs a person under his supervision or control to do anything that is a contravention of the Code of Conduct and Ethics.
(2)Subsection (1)(b) does not apply with respect to anything done without the public officer's knowledge or consent if the public officer took reasonable steps to prevent it.

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.
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History of this document

31 December 2022 this version
08 August 2003
Commenced