The Ethics Commission for Co-operative Societies Procedures for the Administration of Part IV of the Act

Legal Notice 173 of 2003

This is the latest version of this Legal Notice.
Citation
Legal Notice 173 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 ETHICS COMMISSION FOR CO-OPERATIVE SOCIETIES PROCEDURES FOR THE ADMINISTRATION OF PART IV OF THE ACT

LEGAL NOTICE 173 OF 2003

  • Published in Kenya Gazette Vol. CV—No. 106 on 31 October 2003
  • Commenced on 31 October 2003
  1. [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]

1. Citation

These procedures may be cited as the Ethics Commission for Co-operative Societies Procedures for the Administration of Part IV of the Act.

2. Interpretation

In these procedures, unless the context otherwise requires—"administration officer” means the Senior Deputy Commissioner for Co-operative Development, who shall be the secretary to the Commission;"Commission” means the Ethics Commission for Co-operative Societies established under the Public Officer Ethics Regulations (sub. leg)

3. Scope of procedures

These Procedures are for the administration of Part IV of the Act with respect to the public officers for whom the Commission is the responsible Commission under the Act.

4. Administration officer

The administration officer shall be responsible for the administration of Part IV of the Act by the Commission.

5. To whom declarations submitted

Declarations to be submitted to the Commission under Part IV of the Act shall be submitted to the administration officer.

6. Who may make requests for clarifications

Requests for clarifications under section 28 of the Act shall be made, on behalf of the Commission, by the administration officer or by staff of the Commission authorized in writing by him for that purpose.

7. Review of declarations, etc.

(1)The administration officer, or staff of the Commission authorized by him for the purpose, shall review each declaration to ascertain if, in the opinion of the administration officer or staff, any of the following conditions are satisfied—
(a)on the face of the declaration, or in light of any other information the Commission may have, there is reason to suspect the declaration may be false or incomplete;
(b)the assets of the person who submitted the declaration are disproportionate to his income; or
(c)the income, assets or liabilities of the person who submitted the declaration raise concerns of impropriety or conflict of interest.
(2)If it is ascertained that any of the conditions in subparagraph (1) are satisfied, the person who submitted the declaration shall be given an opportunity to give an explanation.
(3)If, after considering any explanation the person who submitted the declaration may give, the administration officer is of the opinion that any of the conditions in subparagraph (1) are still satisfied, the administration officer shall bring the matter to the attention of the Commission.
(4)The Commission may, with respect to a matter brought to its attention under paragraph (3), take such action as it considers appropriate including, without limiting the generality of the foregoing, notifying the Kenya Anti-corruption Commission and giving the Kenya Anti-corruption Commission particulars of the condition that is satisfied and a copy of the declaration.

8. Authorization of staff under section 30(2)

(1)The Commission or the administration officer may authorize staff of the Commission for the purposes of section 30(2) of the Act.
(2)An authorization under paragraph (1) shall be in writing.

9. Condition for certain disclosures to police, etc.

Except as provided under paragraph 7(4), information shall not be disclosed, under section 30(2) of the Act, to the police or any other law enforcement agency unless a written request is provided.

10. Condition for disclosures to representatives

Information shall not be disclosed, under section 30(2) of the Act, to a representative of the person who provided the information unless the representative provides copies of documents that establish the representative’s authority to receive the information.

11. Administration officer to report non-compliance

The administration officer shall ensure that failures by public officers to comply with the requirements of Part IV of the Act are brought to the attention of the Commission.

12. Application where powers, etc., delegated

The following shall apply with respect to the application of these procedures by a person to whom the powers and functions of the Commission under Part IV of the Act have been delegated under section 4 of the Act—
(a)a reference to “administration officer” shall be deemed to be a reference to the person to whom the powers and functions have been delegated;
(b)a reference to “staff of the Commission” shall be deemed to be a reference to staff under the authority of the person to whom the powers and functions have been delegated;
(c)the person to whom the powers and function have been delegated is not required to bring matters to the attention of the Commission under paragraph 7(3) and may do anything that the Commission may do under paragraph 7(4);
(d)the person to whom the powers and functions have been delegated is not required to ensure that failures to comply with Part IV of the Act are brought to the attention of the Commission under paragraph 11 but may, instead, take such action as the person considers appropriate.
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History of this document

31 December 2022 this version
31 October 2003
Commenced