Public Officer Ethics Act

This Act may be cited as the Public Officer Ethics Act.

Defines the Government as "the Government or any department, service or undertaking of the Government."

Section 3 designates which commission is the "responsible Commission" for particular categories of public officers and provides a default and continuity rule where responsibility is not otherwise specified.

The Public Service Commission may delegate specified powers and functions under Part IV or Part V by notice in the Gazette, subject to subsection (2).

Each Commission must create a specific Code of Conduct and Ethics for the public officers it is responsible for, and that code must include requirements beyond the general Code and set out how requirements may be satisfied.

Each Commission must publish the specific Code of Conduct and Ethics established by it in the Gazette within ninety days after the Commencement of this Act; for a Commission prescribed under section 3(10) as a responsible Commission the time reference is to the commencement of the regulation.

A public officer must carry out duties in accordance with the law and must not, while carrying out duties, violate the rights and freedoms of any person under Part V of the Constitution.

Public officers must not use their office to improperly enrich themselves or others; they may accept some official gifts subject to regulation, with limited exceptions for gifts from relatives/friends and permitted uses of information.

Public officers must avoid situations where their personal interests conflict with official duties and must not hold interests that would create such conflicts; "personal interest" includes spouse, relative or business associate.

Prohibits using one’s office or place of work to solicit or collect harambees, and prohibits, whether as a collector or promoter of a public collection, obtaining money or property from a person by using one’s official position to exert pressure.

Public officers must not act as agents for or further the interests of foreign governments, organisations or individuals in ways that may harm Kenya's security.

Public officers must take all reasonable steps to protect entrusted property from misuse or misappropriation; persons who contravene this duty are personally liable for resulting losses.

Public officers must not engage in political activity that compromises or appears to compromise the political neutrality of their office; the section does not apply to members of the National Assembly or local authority councillors.

A public officer must not practice nepotism or favouritism.

A public officer who has a duty to give advice must give honest and impartial advice without fear or favour.

A public officer must not knowingly give false or misleading information to members of the public or to any other public officer.

Public officers must conduct their private affairs so as to maintain public confidence; they must not evade taxes or neglect their financial obligations.

Public officers are prohibited from sexually harassing members of the public or fellow public officers.

Public officers are to be selected on the basis of integrity, competence and suitability.

A public officer must submit any declaration or clarification required under Part IV.

Public officers must not cause others to do acts that would contravene the Code of Conduct and Ethics, and must not allow or direct subordinates to do such acts; an exception applies to subsection (1)(b) when the act occurred without the officer’s knowledge or with reasonable preventive steps taken.

A public officer must report the matter to an appropriate authority when they consider a required act is a contravention of the Code of Conduct and Ethics or otherwise improper or unethical.

This Part sets out a general Code of Conduct and Ethics for public officers.

Public officers must perform their duties to the best of their ability and ensure services they provide are efficient and honest.

Carry out his duties in a way that maintains public confidence in the integrity of his office;

Every public officer must submit, once every two years, a declaration of income, assets and liabilities (including spouse(s) and dependent children under eighteen) to the responsible Commission for the public officer.

The declaration shall be submitted in the December of every second year.

A person who submitted a declaration to the Commission must provide any written clarification the Commission requests within six months and without undue delay.

A person who submits a declaration or provides a clarification must ensure that the declaration or clarification is correct to the best of their knowledge.

Any person is entitled to access the contents of a declaration or clarification by applying to the responsible Commission and showing legitimate interest and good cause; before the Commission makes an affirmative decision it must give the affected party an opportunity to make representations.

The Commission must retain information collected under this Part about a person for at least five years after the person ceases to be a public officer.

A person who fails to submit a required declaration or who submits false or misleading information commits an offence and on conviction may be fined up to one million shillings, imprisoned up to one year, or both.

Each Commission must set up procedures to administer Part IV for the public officers it is responsible for; public officers are not required to submit a declaration before those procedures are published.

The Cabinet Secretary may amend the Schedule by notice in the Gazette, but may not do so unless a draft has been laid before and approved by resolution of the National Assembly.

The responsible Commission may investigate public officers for breaches of the Code; investigations can start on the Commission's initiative or on complaint, the Commission may refer matters to another body, and that body must investigate within a reasonable time and report back.

Requires the responsible Commission to take appropriate disciplinary action or, if it lacks power, refer the matter; sets 30‑day time limits for action and requires informing the public officer before or within 30 days.

A Commission must make public any action it takes under section 36(1) and publish specified information about any contravention and disciplinary action.

If, after an investigation under this Part, the Commission considers civil or criminal proceedings ought to be considered, the Commission must refer the matter to the Attorney-General or other appropriate authority.

This Part (except section 35) does not apply to offices for which the Constitution provides a procedure for removal for misbehaviour.

A person who, without lawful excuse, obstructs or hinders a person acting under this Act commits an offence and is liable to a fine not exceeding five million shillings or imprisonment for a term not exceeding five years or both.

Persons must not, without lawful excuse, divulge information acquired while acting under the Act; doing so is an offence punishable by a fine not exceeding five million shillings or imprisonment not exceeding five years or both; the rule applies only to exempt information provided for in section 6.

The Cabinet Secretary may make regulations to better carry out the provisions of this Act.