The Ethics and Anti-Corruption Commission Procedures for the Administration of Part IV of the Public Officer Ethics Act

Legal Notice 75 of 2005

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Legal Notice 75 of 2005
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Public Officer Ethics Act
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Legal Notice
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LAWS OF KENYA

PUBLIC OFFICER ETHICS ACT

THE ETHICS AND ANTI-CORRUPTION COMMISSION PROCEDURES FOR THE ADMINISTRATION OF PART IV OF THE PUBLIC OFFICER ETHICS ACT

LEGAL NOTICE 75 OF 2005

  • Published in Kenya Gazette Vol. CVII—No. 51 on 15 July 2005
  • Commenced on 15 July 2005
  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 and Anti-Corruption Commission Procedures for the Administration of Part IV of the Public Officer Ethics Act.

2. Interpretation

In these procedures, unless the context otherwise requires—"the Act” means the Public Officer Ethics Act (Cap. 185B);"Advisory Board” means the Ethics and Anti-Corruption Advisory Board;"Assistant Director” means an Assistant Director of the Commission;"Commission” means the Ethics and Anti-Corruption Commission;“Director” means the Director of the Commission.

3. Application 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. Responsibility for administration

The Director, or an officer of the Commission designated by him for that purpose in writing, shall be responsible for the administration of Part IV of the Act by the Commission.

5. To whom declarations to be submitted

Declarations required to be submitted to the Commission under Part IV of the Act shall be submitted to the Director or to such officer or officers of the Commission as the Director may from time to time designate in writing for that purpose.

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 Director or by an Assistant Director who is expressly instructed to do so by the Director.

7. Review of declarations, etc.

(1)The Director, or an Assistant Director instructed for that purpose by the Director, shall—
(a)ascertain that all public officers who are required to submit their declarations have done so; and
(b)review each declaration to ascertain if any of the following conditions are satisfied—
(i)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;
(ii)the assets of the person who submitted the declaration appear disproportionate to his income;
(iii)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)(b) are satisfied, the person who submitted the declaration shall be given an opportunity to give an explanation.
(3)If no explanation is given, or if after considering any explanation the person who submitted the declaration may give, the Director is of the opinion that the conditions in subparagraph (1)(b) are still satisfied, the Director may, in addition to any other action including investigations and civil proceedings, take disciplinary action against the officer concerned.

8. Authorization of staff

The authorized staff of the Commission for purposes of section 30(2) of the Act are the following—
(a)the Director;
(b)assistant Directors;
(c)any officer or officers authorized in writing by the Director.

9. Condition for disclosures

(1)Disclosure of information contained in a declaration to any persons other than the authorized persons shall only be upon the written request of such persons addressed to the Director.
(2)The Director may decline to make a disclosure under subparagraph (1) above if he is of the opinion that such disclosure would be a violation of any written law.
(3)Nothing contained in this paragraph shall prevent an officer of the Commission from accessing the information contained in his/her own declaration.
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31 December 2022 this version
15 July 2005
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