Ethics and Anti-Corruption Commission Act

This Act may be cited as the Ethics and Anti-Corruption Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") Act.

Section 2 provides definitions for terms used in the Act, including "chairperson", "Commission", "Cabinet Secretary", "Salaries and Remuneration Commission" and "secretary".

Sets the procedures and time limits for filling vacancies in the Ethics and Anti-Corruption Commission, assigning specific duties to the President, National Assembly, Speaker and Public Service Commission, and requires a not-more-than-two-thirds gender rule.

Section 11 lists additional functions of the Ethics and Anti-Corruption Commission, including developing standards and a code of ethics, receiving complaints, investigating and recommending prosecutions, overseeing enforcement, advising and educating the public, monitoring public bodies, instituting recovery and confiscation proceedings, cooperating with other agencies, obtaining professional assistance, and exercising powers necessary to perform its functions; Commissioners must meet at least once every quarter.

Requires accommodating the diversity of Kenyan people.

The Commission (the Ethics and Anti-Corruption Commission) has all powers necessary to carry out its functions under the Constitution, this Act and any other written law.

The Ethics and Anti-Corruption Commission may establish committees, may co-opt persons into those committees, and co-opted persons may attend and participate in meetings but may not vote.

The Commission must conduct its business in accordance with the Second Schedule; except as provided in that Schedule, the Commission may regulate its own procedure.

The Commission must appoint, via open competitive recruitment and with National Assembly approval, a qualified Secretary who serves one six-year term, must take the oath before assuming office, and is responsible to the Commission; the Commission must advertise vacancies at least three months before term expiry.

If removal of the Secretary under subsection (1) is being considered, the Commission must inform the Secretary in writing of the reasons and give the Secretary an opportunity to respond in writing.

Section 18 governs the Commission's staff: the Commission may appoint professional, technical and administrative officers and support staff; the Public Service Commission may second public officers to the Commission on request; seconded public officers are deemed Commission employees, entitled to the same benefits and required to comply with applicable law and Commission directions.

The Commission determines the form of its seal; the Secretary keeps the seal; affixing the seal is authenticated by the chairperson or another person authorized by the Commission; documents under the Commission's seal are prima facie evidence.

Members of the Commission and persons acting under its instructions are exempt from personal liability for acts done in good faith while executing the Commission's powers, functions or duties under the Constitution or the Act.

Members and the employees of the Commission must subscribe to the code of conduct set out in the Third Schedule.

There is established an Ethics and Anti-Corruption Commission.

The Commission must consist of a chairperson and four other members who are appointed in accordance with the Constitution and this Act.

The chairperson of the Commission must be qualified to be a High Court judge and must not have specified disqualifying statuses (party governing body member, undischarged bankrupt, convicted of a felony, or removed from public office); one disqualification lapses after two general elections.

Section 6 was deleted by ActNo. 25 of 2015, Sch.

The chairperson and members of the Commission are appointed for a single term of six years, are not eligible for re-appointment, and shall serve on a part-time basis.

Before assuming office, the chairperson and members of the Commission must make and subscribe to the oath of office set out in the First Schedule.

States: "Vacancy Section dies;"

Funds donated, lent or gifted to the Commission must be disclosed to the National Assembly and made public before use.

A member of the Commission shall be paid remuneration and allowances as determined by the Salaries and Remuneration Commission.

The Commission must prepare annual revenue and expenditure estimates at least three months before each financial year; approve them before the year starts and submit them to the Cabinet Secretary for tabling in Parliament.

The financial year starts on the day this Act comes into operation and ends on the following 30th June.

The Commission must cause proper books and records of account covering its income, expenditure, assets and liabilities to be kept.

The Commission must prepare an annual report at the end of each financial year, submit it to the President and National Assembly within six months after the year-end, include specified contents, and publish and publicize the report.

The Ethics and Anti-Corruption Commission shall not be subject to the direction or control of any person or authority when performing its functions, except as provided in the Constitution and this Act.

The Ethics and Anti-Corruption Commission must publish important information within its mandate, and every member and employee of the Commission must sign a confidentiality agreement.

Publicity: the location of its principal office is mentioned.

The Commission may request legal advice from the Attorney-General.

Grants the power to confirm appointments of persons to any office in respect of which it is responsible under this Act.

Orders or notices made or issued by the Kenya Anti-Corruption Commission are to be treated as having been made or issued under this Act.

Certain staff who immediately before commencement worked for the Kenya Anti-Corruption Commission (other than the Director and Deputy Directors), and government employees attached to that Commission, are deemed to be employees of the Ethics and Anti-Corruption Commission for the unexpired period of their term; applicants who fail vetting under subsection (3) shall not be employed or appointed by the Commission.

All property, assets, rights, liabilities, obligations, agreements and other arrangements that were vested in, acquired, incurred or entered into by or on behalf of the Kenya Anti-Corruption Commission before this Act are deemed to vest in or have been acquired by the Ethics and Anti-Corruption Commission upon commencement of the Act.

Amends section 2 of Cap. 65 by deleting the existing definition of "Commission" and substituting a new definition that defines "Commission" to mean the Independent Ethics and Anti-Corruption Commission established under section 3 of the Ethics and Anti-Corruption Commission Act (Cap. 7H) pursuant to Article 79 of the Constitution.

Part III of the Anti-Corruption and Economic Crimes Act (Cap. 65) is repealed, except that Part IIIB remains in force for ninety days or until the Ethics and Anti-Corruption Commission comes into place, whichever is earlier.