The Teachers Service Commissioners’ Code of Conduct and Ethics

Legal Notice 135 of 2003

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Legal Notice 135 of 2003
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Public Officer Ethics Act
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LAWS OF KENYA

PUBLIC OFFICER ETHICS ACT

THE TEACHERS SERVICE COMMISSIONERS’ CODE OF CONDUCT AND ETHICS

LEGAL NOTICE 135 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

This code is intended to establish standards of ethical conduct for the Teachers Service Commissioners.This Code contains rules of conduct and ethics to be observed by Commissioners so as to maintain the honour and discipline of the Commission, its integrity and impartiality, and the highest standards of the Service. Teachers look to the Commission as a custodian of meritocracy in the Teachers Service and in furtherance of this the Commissioners, both collectively and individually, must strive to enhance public trust in the Service.

Part I – PRELIMINARY

1. Citation

This Code may be cited as the Teachers Service Commissioners’ Code of Conduct and Ethics.

2. Interpretation

In this Code, unless the context otherwise requires—"Commission” means the Teachers Service Commission established by the Teachers Service Commission Act (Cap. 212);"Commissioner” means a person holding office as a member of the Commission;"family”, in relation to a Commissioner, includes his spouse, child, grandchild, parent, grandparent or other relative or person with whom he maintains a close family relationship;"the Act” means the Public Officers Ethics Act (Cap. 185B).

3. Application of Code

This Code applies with respect to the Commissioners.

Part II – REQUIREMENT

4. Compliance with General Code

(1)A Commissioner 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. Prohibition against standing for election

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

6. Independence, integrity and impartiality

(1)A Commissioner shall be true to his oath of office.
(2)A Commissioner is entitled to his own views on political matters but shall not be permitted to express those view publicly.

7. Social and recreational activities

A Commissioner may engage in arts, sports and other social and recreational activities if such activities do not adversely affect the dignity of his office or interfere with the performance of his public duties.

8. Non-discrimination

A Commissioner shall treat all Kenyans with equal respect and shall not discriminate against anyone on the basis of clan, tribe, race, colour, religion, sex, age, gender or disability nor hold any office in an organisation where discrimination is practised.

9. Civil and charitable activities

(1)While a Commissioner should not be isolated from the society of which he is a part, he is expected to remain within dignified limits, and above all, he should regulate his extraofficial activities to minimise the risk of conflict with his official duties.
(2)A Commissioner shall live within his means and avoid incurring any financial liability that he cannot satisfy.
(3)A Commissioner may contribute towards or attend a harambee but should not play a central role in its organization or preside over the same.
(4)A Commissioner shall not use his office to solicit for funds for a harambee or any other purpose.

10. Private interests

A Commissioner is required to observe the following requirements in relation to his private interests—
(a)he shall ensure that he does not subordinate his official duties to his private interests or put himself in a position where there is conflict between his official duties and his private interests;
(b)he shall not associate outside his official duties with any financial or other activities in circumstances where there could be suspicion that his official position or official information available to him was being turned to his private gain or that of his associates;
(c)he shall not to engage in any occupation or business which might prejudice his status as a Commissioner or bring his office into dispute;
(d)he shall maintain at all times the ethical standards which the public expects of him in transacting official business with efficiency, integrity and impartiality.

11. Gifts, etc.

(1)A Commissioner shall neither ask for or accept any property or benefit of any kind for himself or for any person, on account of anything to be done, or omitted to be done by him in the discharge of his duties by virtue of his official position.
(2)A Commissioner or members of his family shall not solicit or accept any gifts, gratuity, hospitality, free passages or favours from any person or any body corporate or unincorporate that might reasonably be thought to influence, or intended to influence, him in the performance of his duties.
(3)Where a gift or donation of the nature specified in subparagraph (2) is given without the knowledge of the Commissioner or where it would be offensive to custom or good public relations to refuse the gift, the Commissioner shall report the matter to the Chairman, who shall direct the appropriate mode of disposal of any such gift or donation, and the Commissioner shall comply with such direction forthwith.
(4)Where the Commissioner to whom a gift is given is the Chairman, subparagraph (3) shall operate as though a reference therein to the Chairman were a reference to the Speaker of the National Assembly.
(5)When presents are exchanged between a Commissioner acting on behalf of the Government in ceremonial intercourse with other. Governments or their representatives, the presents received will be handed over to the Chairman, who shall direct the appropriate mode of disposal and any reciprocal presents will be given at the expense of the Commission.

12. Professionalism and courtesy

(1)A Commissioner shall ensure that his official and private conduct upholds, at all times, the dignity and integrity of his office by conducting himself, both officially and in private, in a dignified, honest and impeccable manner.
(2)A Commissioner shall, at all times, be disciplined whether or not on official duty and shall in particular—
(a)maintain a standard of dress and personal hygiene befitting the dignity and image of that office;
(b)observe official working hours, be punctual and meet deadlines;
(c)not be absent from duty without proper authorisation or reasonable cause;
(d)perform his duties in an efficient and competent manner;
(e)exercise diligence, care and attention and seek to achieve high standards of professionalism in the delivery of services;
(f)practice and promote adherence to meritocratic principles and practices in appointments to the Teachers Service, for which the guiding criteria shall be qualifications, merit, competence and experience; and
(g)seek to contribute and enhance the standards of performance and level of professionalism in the Teachers Service.
(3)A Commissioner shall actively and personally promote a culture in the Teachers Service that aims at providing fast, friendly, responsive and efficient service, and shall be courteous to all persons in the performance of his duties.

13. Private agencies

A Commissioner shall not undertake any private agency in any matter connected with the exercise of his public duties.

14. Public statements and communication with the press

(1)A Commissioner shall not, without the express permission of the Chairman of the Commission—
(a)act as editor of any newspaper or take part directly or indirectly in the management thereof;
(b)publish in any manner anything which may be reasonably regarded as of a political nature whether under his own name, by pseudonym or anonymously; or
(c)allow himself to be interviewed on questions of public policy affecting Kenya or any other country.
(2)A Commissioner shall avoid situations where lack of discretion on his part is likely to embarrass the Government or the Teachers Service.

15. Absence from Kenya

A Commissioner who wishes to travel outside Kenya shall obtain the prior permission of the Chairman in writing, which permission shall not be unreasonably denied.

16. Breach of Code

(1)It shall be the responsibility of every Commissioner to report to the Chairman any violation of this Code.
(2)The Chairman shall investigate the same and report the action he takes, including any reference to the responsible Commission, to a meeting of the Commission:Provided that any complaint against the Chairman shall be made to the responsible Commission.

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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31 December 2022 this version
08 August 2003
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