Leadership and Integrity Act

This Act may be cited as the Leadership and Integrity Act.

Section 2 provides definitions for terms used in the Act (for example: "asset", "authorised officer", "bank account", "business associate", "Cabinet Secretary", "Code", "Commission", "dependant", "public entity", "public officer", "spouse", and "State officer").

State officers must respect the values, principles and requirements of the Constitution.

Every person must implement this Act as required; the Ethics and Anti-Corruption Commission is responsible for overseeing and enforcing the Act and may request State organs, require public entities to act, and apply to the High Court if a public entity fails to comply.

The Commission may, by notice in the Gazette, delegate any of its powers and functions under this Act to a public entity or an authorised officer.

Carry out the duties of the office efficiently and honestly.

Carry out duties of the office in a manner that maintains public confidence in the integrity of the office.

State officers must not use their office to unlawfully or wrongfully enrich themselves or others, and must not accept personal loans or benefits that may compromise them in performing their duties (subject to Article 76(2)(b) of the Constitution).

People who intend to be appointed to a State office must submit a self-declaration form to the Ethics and Anti-Corruption Commission in the form set out in the First Schedule.

Section 13 lists moral and ethical duties for State officers (honesty, no abuse of office, truthful representation, no misuse of resources, no discrimination except as law allows, no falsification, no conduct leading to professional removal, and refraining from listed offences) and requires people wishing to be elected to State office to submit a prescribed self-declaration to the Independent Electoral and Boundaries Commission.

Section 14 has been deleted.

State officers are prohibited from using their office to wrongfully or unlawfully influence the acquisition of property.

Section 16.[Deleted by ActNo. 11 of 2025, 3rd Sch.]

Section 17 has been deleted.

Section 18 has been deleted.

State officers must not open or continue to operate bank accounts outside Kenya without the Commission's approval; they must apply for approval, submit annual statements and authorize verification; serving officers must close existing accounts within six months (or other period the Commission prescribes); failure to declare such accounts is an offence with penalties.

State 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, except when performing official duties.

State officers must take reasonable steps to keep public property in their custody in good repair, must not use public resources for non-official activities, must return property at the end of appointment or election term, and are personally liable for loss or damage if they contravene those duties.

State officers must not use or allow others under their authority to use non-public official information to further any private interest.

Section 23 has been deleted.

State officers must perform their duties impartially and objectively at all times and must not practise favouritism, nepotism, tribalism, cronyism, religious bias, or engage in corrupt or unethical practices.

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

Section 26 has been deleted by ActNo. 11 of 2025, 3rd Schedule.

Section 27 has been deleted by ActNo. 11 of 2025, 3rd Sch.

Section 28 has been deleted by ActNo. 11 of 2025, 3rd Sch.

State officers must not knowingly give false or misleading information to any person.

A State officer must not falsify records or misrepresent information to the public.

State officers who acquire dual citizenship must lose their position; persons with dual citizenship cannot take State office after election or appointment until they renounce their other citizenship.

State officers must conduct their private affairs in a way that maintains public confidence in the integrity of the office.

State officers must pay taxes due within the prescribed period and must not neglect their financial or legal obligations.

State officers are prohibited from bullying any person.

State officers must not cause others to do, or allow subordinates to do, acts that contravene the General Leadership and Integrity Code; exceptions apply where the act occurs without the officer’s knowledge or consent or if the officer has taken reasonable steps to prevent it; a State officer acting under an unlawful direction remains responsible for their action.

State officers must report anything they consider contrary to the Code or improper to the Ethics and Anti-Corruption Commission; the Commission must investigate and take appropriate action within ninety days of receiving the report.

This Part establishes a General Leadership and Integrity Code that applies to State officers.

State officers must respect and follow the Constitution and law, perform their duties in accordance with the law, and must not violate others' rights when carrying out their duties except as expressly allowed by law and Article 24 of the Constitution.

State officers must exercise the authority and responsibility vested in them in the best interest of the people of Kenya.

A State officer must take personal responsibility for reasonably foreseeable consequences of actions or omissions arising from performing the office's duties, subject to the Constitution and other law.

Each public entity must prescribe a specific Leadership and Integrity Code for the State officers in that public entity; that specific Code must include all requirements of the general Code under Part II and may set out how those requirements are to be satisfied.

Until a public entity prescribes a specific Leadership and Integrity Code under section 37, the general Code under Part II shall apply as though it were the specific Code prescribed by the public entity.

Public entities must submit their specific Leadership and Integrity Codes to the Commission for approval; the Commission must consider and approve within 30 days; once approved the public entity must publish the code in the Gazette within 90 days; existing codes must be submitted within 90 days after commencement.

State officers must sign and commit to the specific Leadership and Integrity Code when taking office or within seven days; the High Court can, on application, declare an assumption of office invalid if the commitment was not executed.

A breach of the General Leadership and Integrity Code amounts to misconduct and the State officer may be subjected to disciplinary proceedings; if the officer is subject to a removal or dismissal procedure under the Constitution or other law, removal or dismissal is determined in accordance with that Constitution or law.

Persons may lodge complaints alleging breaches of the Leadership and Integrity Code; the relevant public entity must register and inquire into complaints; public entities may authorize officers to investigate; investigating authorities must inform State officers and give them a reasonable opportunity to respond; complainants are entitled to be informed and afforded a hearing; the Commission may investigate on complaint or on its own motion and officers may be suspended pending investigation where necessary.

Persons, State organs or public entities may refer matters for civil or criminal proceedings to the Ethics and Anti-Corruption Commission, the Attorney-General, the Director of Public Prosecutions or any other appropriate authority; the Commission must refer matters to the DPP where it considers criminal proceedings should be preferred and may take other necessary action.

State officers or public entities may ask the Commission for advisory opinions on Chapter Six; the Commission must set up confidential and timely procedures to provide them.

The Commission must submit an annual report to the President and Parliament and must publish that report in the Gazette and facilitate public access.

It is an offence for a person, without justification or lawful excuse, to obstruct, hinder, assault, threaten, deceive or knowingly mislead the Commission or others carrying out duties under the Act, to destroy or conceal evidence, or to provide false information; conviction can lead to a fine not exceeding five million shillings, imprisonment not exceeding five years, or both.

A person convicted of an offence under this Act for which no penalty is provided is liable to a fine up to five hundred thousand shillings, or imprisonment up to three years, or both.

A state officer who fails to comply with section 20 commits an offence and, on conviction, may be fined up to five million shillings or imprisoned for up to five years, or both.

If a State officer is proven to have obtained property in breach of the Act, the officer must forfeit it; the Commission (or its agent) will hold the property in trust for the Republic until lawful disposal, and the Commission may order the officer to pay compensation (including interest) to the State.

Officers of the Commission or a public entity acting on the instructions of the chief executive officer are exempt from civil or criminal liability for acts done in good faith while performing duties under this Act.

When an allegation is made that a Commission member has violated Chapter Six of the Constitution or this Act (not being an Article 251 violation), the President must establish an independent review panel; the Cabinet Secretary must submit petitions to the President; the panel must inquire, may take disciplinary action or refer the matter, and there are time-limited review and appeal rights (15 days for review, panel reviews within 15 days, appeals to High Court which must decide within 30 days).

Chapter Six of the Constitution and this Act apply to all public officers as if they were State officers.

All public officers must receive leadership education and training.

The Ethics and Anti‑Corruption Commission must make regulations to carry out this Act, including rules on gifts, registers of conflict of interest, overseas bank accounts and enforcement procedures.

Section 55 has been deleted by Act No. 47 of 2012 (Schedule).