The Electoral Commission Code of Conduct and Ethics for Local Authority Councillors

Legal Notice 128 of 2003

This is the latest version of this Legal Notice.
Citation
Legal Notice 128 of 2003
Primary work
Public Officer Ethics Act
Date
31 December 2022
Language
English
Type
Legal Notice
Publication
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LAWS OF KENYA

PUBLIC OFFICER ETHICS ACT

THE ELECTORAL COMMISSION CODE OF CONDUCT AND ETHICS FOR LOCAL AUTHORITY COUNCILLORS

LEGAL NOTICE 128 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]

PREAMBLE

The local government system requires that councillors represent the interests of local communities and that they be accountable to the people they serve.This Code contains rules of conduct and ethics to be observed by councillors. The Code does not in any way replace the laws governing the discipline and general conduct of councillors. Councillors must obey those laws and all other applicable laws.Councillors should adhere to this Code so as not to bring themselves and other councillors into disrepute.

Part I – PRELIMINARY

1. Citation

This Code may be cited as the Electoral Commission Code of Conduct and Ethics for Local Authority Councillors.

2. Interpretation

In this Code, unless the context otherwise requires—"public officer” means a public officer to whom this Code applies under rule 3.

3. Application of Code

This Code applies with respect to councillors of local authorities.

Part II – REQUIREMENTS

4. Compliance with General Code

(1)A public officer shall comply with all the requirements of 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. General conduct

A public officer shall carry out the duties of his office in good faith, honestly and in a transparent manner.

6. Faithfulness to declaration

A public officer shall be true and faithful to the declaration made by the public officer as required under the Local Government Act (Repealed).

7. Attendance at meetings

A public officer shall attend all meetings of his local authority and all meetings of committees of which he is a member and shall be absent only if he has obtained the leave of the local authority or is otherwise justified in being absent.

8. Interference with management or administration

(1)In addition to refraining from giving any instructions to an officer or employee of a local authority which the public officer is prohibited from doing under section 86A of the Local Government Act (Repealed), a public officer shall not otherwise interfere with, or attempt to interfere with, the management or administration of the local authority.
(2)A public officer shall not obstruct, or attempt to obstruct, the implementation by an officer or employee of the local authority, of a decision by the council of the local authority or a committee.
(3)A public officer shall not do anything, or encourage anything, that would cause or contribute to maladministration of a local authority.

9. Private affairs – financial dealings

A public officer shall live within his means and avoid incurring any financial liability that he cannot satisfy.

10. Gifts

(1)If a public officer 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 public officer’s organisation—
(a)the public officer shall report the matter to the clerk of the local authority who shall direct the appropriate mode of disposal of the gift; and
(b)the public officer 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 public officer on a public or ceremonial occasion.
(3)A gift that a public officer 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 public officer in a public office.

11. Harambees

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

12. Confidential or secret information

A public officer shall not disclose confidential or secret information or documents and shall ensure that any such information or documents that he acquires as a result of his duties are adequately protected from improper or inadvertent disclosure.

13. Appropriate person to whom improper orders to be reported

For the purposes of section 25 of the General Code of Conduct and Ethics set out in the Appendix to this Code, the appropriate authority to whom a public officer shall report a matter under that section is the Chairman of the Electoral Commission.

14. Breach of Code

Where a public officer 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 from 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