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Kenya Act or statute

Parliament of Kenya

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",…

Jurisdiction
Kenya
Structure
56 provisions
Citation
Cap. 185C
Dates
As at 19 Aug 2025
More statute details
Dates
As at 19 Aug 2025

Source attribution: Source: Kenya Law

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01

Purpose and legislative effect

“This Act may be cited as the 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.

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Showing 56 of 56 provisions

Provision 46Offence 6Commencement 2Short title

Part I

PRELIMINARY

§ 1PRELIMINARY - 1. Short titleShort title

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

Section 1. Short title Section This Act may be cited as the Leadership and Integrity Act.
Section 1Verify source
§ 2PRELIMINARY - 2. InterpretationInterpretation

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").

Section 2. Interpretation Section 2(1) In this Act, unless the context otherwise requires— "asset" means a thing, tangible or intangible, owned, whether wholly or in part, or controlled by a person, which has an actual or determinable economic value and can be sold, exchanged or otherwise used or applied to meet an obligation or acquire something else in return; "authorised officer" means an authorised officer of a public entity having jurisdiction under the Constitution or any other law to discipline the State officer in relation to whom the expression is used; "bank account" means an account maintained by a bank or any other financial institution for and in the name of, or in the name designated by, a customer of the bank or other financial institution and into which money is paid or withdrawn by or for the benefit of that customer or held in trust for that customer and in which the transactions between the customer and the bank or other financial institution are recorded; "business associate" means a person who does business with or on behalf of a State officer and has express or implied authority from that State officer ; "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to leadership and integrity and includes the Attorney-General; "Code" means the General Leadership and Integrity Code prescribed under Part II and includes a specific Code of Leadership and Integrity prescribed under Part III of this Act; "Commission" means the Ethics and Anti-Corruption Commission established under the Ethics and Anti-Corruption Commission Act ( Cap. 7H ); "dependant" means a person whose means of support is partially or wholly derived from a State officer ; "public entity" means— (a) the Government, including the national or county government, or any department, State organ, agency, service or undertaking of the national or county government; (b) the National Assembly or the Parliamentary Service Commission ("the Ethics and Anti-Corruption Commission established under();") ; (c) any corporation, council, board, committee or other body which has power to act under and for the purposes of any written law relating to the undertakings of a public utility or otherwise to administer funds belonging to or granted by the Government or money raised by rates, taxes or charges in pursuance of any such law; or (d) a corporation, the whole or a controlling majority of the shares of which are owned by a person or entity that is a public body by virtue of any of the preceding paragraphs of this definition; and (e) statutory public bodies; "public officer" has the meaning assigned to it under Article 260 of the Constitution; "spouse" means a wife or husband; "State officer" has the meaning assigned to it under Article 260 of the Constitution. Section 2(2) Spent. [Act No. 18 of 2014 , Sch.]
Section 2Verify source
§ 3PRELIMINARY - 3. Guiding values, principles and requirementsProvision

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

Section 3. Guiding values, principles and requirements Section 3(1) The primary purpose of this Act is to ensure that State officers respect the values, principles and requirements of the Constitution. Section 3(2)(a) the national values and principles provided for under Article 10 of the Constitution; Section 3(2)(b) the rights and fundamental freedoms provided for under Chapter Four of the Constitution; Section 3(2)(c) the responsibilities of leadership provided for under Article 73 of the Constitution; Section 3(2)(d) the principles governing the conduct of State officers provided for under Article 75 of the Constitution; Section 3(2)(e) the educational, ethical and moral requirements in accordance with Articles 99(1)(b) and 193(1)(b) of the Constitution; Section 3(2)(f) in the case of county governments, the objectives of devolution provided for under Article 174 of the Constitution; and Section 3(2)(g) in so far as is relevant, the values and principles of Public Service as provided for under Article 232 of the Constitution. Section 3(3) Nothing in this Act shall be construed as in any way diminishing or derogating from the values and principles under subsection (2) .
Section 3Verify source
§ 4PRELIMINARY - 4. Implementation of the ActProvision

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.

Section 4. Implementation of the Act Section 4(1) Every person has the responsibility of implementing the provisions of this Act to the extent required by this Act. Section 4(2) The Commission ("the Ethics and Anti-Corruption Commission established under();") is responsible for overseeing and enforcing the implementation of this Act. Section 4(3) In undertaking its mandate, the Commission ("the Ethics and Anti-Corruption Commission established under();") may request a State organ to assist it in ensuring compliance with and enforcing Chapter Six of the Constitution and this Act. Section 4(4) The Commission ("the Ethics and Anti-Corruption Commission established under();") may require any public entity to carry out such functions and exercise such powers as may be necessary under this Act. Section 4(5) Where a public entity has failed to comply with the requirements under subsection (3) , the Commission ("the Ethics and Anti-Corruption Commission established under();") may make an application before a High Court judge for appropriate orders requiring the public entity to comply.
Section 4Verify source
§ 5PRELIMINARY - 5. Delegation of functions by theCommissionProvision

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.

Section 5. Delegation of functions by theCommission Section The Commission ("the Ethics and Anti-Corruption Commission established under();") may, by notice in the Gazette , delegate to a public entity or an authorised officer ("an authorised officer of a public entity having jurisdiction under the Constitution or any other law to discipline the State officer in relation to whom the expression is used;") any of its powers and functions under this Act.
Section 5Verify source

Part II

GENERAL LEADERSHIP AND INTEGRITY CODE

§ 10GENERAL LEADERSHIP AND INTEGRITY CODE - 10. Performance of dutiesProvision

Carry out the duties of the office efficiently and honestly.

Section 10. Performance of duties Section carry out the duties of the office efficiently and honestly;
Section 10Verify source
§ 11GENERAL LEADERSHIP AND INTEGRITY CODE - 11. ProfessionalismProvision

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

Section 11. Professionalism Section carry out duties of the office in a manner that maintains public confidence in the integrity of the office;
Section 11Verify source
§ 12GENERAL LEADERSHIP AND INTEGRITY CODE - 12. Financial integrityProvision

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).

Section 12. Financial integrity Section 12(1) A State officer shall not use the office to unlawfully or wrongfully enrich himself or herself or any other person. Section 12(2) Subject to Article 76(2)(b) of the Constitution, a State officer shall not accept a personal loan or benefit which may compromise the State officer in carrying out his or her duties.
Section 12Verify source
§ 12AGENERAL LEADERSHIP AND INTEGRITY CODE - 12A. Self-declarationProvision

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 12A. Self-declaration Section Any person intending to be appointed to a State office shall submit to the Commission ("the Ethics and Anti-Corruption Commission established under();") a self-declaration form in the form set out in the First Schedule. [Act No. 18 of 2014 , Sch.]
Section 12AVerify source
§ 13GENERAL LEADERSHIP AND INTEGRITY CODE - 13. Moral and ethical requirementsOffence

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 13. Moral and ethical requirements Section 13(1)(a) demonstrate honesty in the conduct of public affairs; Section 13(1)(b) not to engage in activities that amount to abuse of office; Section 13(1)(c) accurately and honestly represent information to the public; Section 13(1)(d) not engage in wrongful conduct in furtherance of personal benefit; Section 13(1)(e) not misuse public resources; Section 13(1)(f) not discriminate against any person, except as expressly provided for under the law; Section 13(1)(g) not falsify any records; Section 13(1)(h) not engage in actions which would lead to the State officer ’s removal from the membership of a professional body in accordance with the law; and Section 13(1)(i) not commit offences and in particular, any of the offences under Parts XV and XVI of the Penal Code ("the General Leadership and Integrity Code prescribed under Part II and includes a specific Code of Leadership and Integrity prescribed under Part III of this Act;") ( Cap. 63 ), the Sexual Offences Act ( Cap. 63A ), the Counter-Trafficking in Persons Act ( Cap. 61 ) and the Children Act ( Cap. 141 ). Section 13(2) A person who wishes to be elected to a State office shall, for the purposes of this section, submit to the Independent Electoral and Boundaries Commission ("the Ethics and Anti-Corruption Commission established under();") a self-declaration in the form set out in the First Schedule.
Section 13Verify source
§ 14GENERAL LEADERSHIP AND INTEGRITY CODE - 14.[Deleted by ActNo. 11 of 2025, 3rd Sch.]Provision

Section 14 has been deleted.

Section 14.[Deleted by ActNo. 11 of 2025, 3rd Sch.]
Section 14Verify source
§ 15GENERAL LEADERSHIP AND INTEGRITY CODE - 15. Wrongful or unlawful acquisition of propertyProvision

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

Section 15. Wrongful or unlawful acquisition of property Section A State officer shall not use the office to wrongfully or unlawfully influence the acquisition of property.
Section 15Verify source
§ 16GENERAL LEADERSHIP AND INTEGRITY CODE - 16.[Deleted by ActNo. 11 of 2025, 3rd Sch.]Provision

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

Section 16.[Deleted by ActNo. 11 of 2025, 3rd Sch.]
Section 16Verify source
§ 17GENERAL LEADERSHIP AND INTEGRITY CODE - 17.[Deleted by ActNo. 11 of 2025, 3rd Sch.]Provision

Section 17 has been deleted.

Section 17.[Deleted by ActNo. 11 of 2025, 3rd Sch.]
Section 17Verify source
§ 18GENERAL LEADERSHIP AND INTEGRITY CODE - 18.[Deleted by ActNo. 11 of 2025, 3rd Sch.]Provision

Section 18 has been deleted.

Section 18.[Deleted by ActNo. 11 of 2025, 3rd Sch.]
Section 18Verify source
§ 19GENERAL LEADERSHIP AND INTEGRITY CODE - 19. Bank accounts outside KenyaCommencement

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.

Section 19. Bank accounts outside Kenya Section 19(1) Subject to Article 76(2) of the Constitution or any other written law, a State officer shall not open or continue to operate a bank account ("an account maintained by a bank or any other financial institution for and in the name of, or in the name designated by, a customer of the bank or other financial institution and into which money is paid or withdrawn by or for the benefit of that customer or held in trust for that customer and in which the transactions between the customer and the bank or other financial institution are recorded;") outside Kenya without the approval of the Commission ("the Ethics and Anti-Corruption Commission established under();") . Section 19(2) A State officer who has reasonable grounds for opening or operating a bank account ("an account maintained by a bank or any other financial institution for and in the name of, or in the name designated by, a customer of the bank or other financial institution and into which money is paid or withdrawn by or for the benefit of that customer or held in trust for that customer and in which the transactions between the customer and the bank or other financial institution are recorded;") outside Kenya shall apply to the Commission ("the Ethics and Anti-Corruption Commission established under();") for approval to open or operate a bank account ("an account maintained by a bank or any other financial institution for and in the name of, or in the name designated by, a customer of the bank or other financial institution and into which money is paid or withdrawn by or for the benefit of that customer or held in trust for that customer and in which the transactions between the customer and the bank or other financial institution are recorded;") . Section 19(3) A State officer who operates or controls the operation of a bank account ("an account maintained by a bank or any other financial institution for and in the name of, or in the name designated by, a customer of the bank or other financial institution and into which money is paid or withdrawn by or for the benefit of that customer or held in trust for that customer and in which the transactions between the customer and the bank or other financial institution are recorded;") outside Kenya shall submit statements of the account annually to the Commission ("the Ethics and Anti-Corruption Commission established under();") and shall authorize the Commission ("the Ethics and Anti-Corruption Commission established under();") to verify the statements and any other relevant information from the foreign financial institution in which the account is held. Section 19(4) Subject to subsections (1) and (2) , upon the commencement of this Act, a serving State officer who operates a bank account ("an account maintained by a bank or any other financial institution for and in the name of, or in the name designated by, a customer of the bank or other financial institution and into which money is paid or withdrawn by or for the benefit of that customer or held in trust for that customer and in which the transactions between the customer and the bank or other financial institution are recorded;") outside Kenya shall close the account within six months or such other period as the Commission ("the Ethics and Anti-Corruption Commission established under();") may, by notice in the Gazette , prescribe. Section 19(5)(a) a State officer ; and Section 19(5)(b) a Public officer. Section 19(6) Without prejudice to the foregoing provisions of this section, a State officer who fails to declare operation or control of a bank account ("an account maintained by a bank or any other financial institution for and in the name of, or in the name designated by, a customer of the bank or other financial institution and into which money is paid or withdrawn by or for the benefit of that customer or held in trust for that customer and in which the transactions between the customer and the bank or other financial institution are recorded;") outside Kenya commits an offence and shall, upon conviction, be liable to imprisonment for a term not exceeding five years, or a fine not exceeding five million shillings, or both.
Section 19Verify source
§ 20GENERAL LEADERSHIP AND INTEGRITY CODE - 20. Acting for foreignersProvision

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.

Section 20. Acting for foreigners Section 20(1) A State officer shall not be an agent of, or further the interests of a foreign government, organisation or individual in a manner that may be detrimental to the security interests of Kenya, except when acting in the course of official duty. Section 20(2)(a) an individual is a foreign individual if the individual is not a citizen of Kenya; and Section 20(2)(b) an organisation is a foreign organization if it is established outside Kenya or is owned or controlled by a foreign government, organisation or individual.
Section 20Verify source
§ 21GENERAL LEADERSHIP AND INTEGRITY CODE - 21. Care of propertyOffence

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.

Section 21. Care of property Section 21(1) A State officer shall take all reasonable steps to ensure that public property in the officer’s custody, possession or control is taken care of and is in good repair and condition. Section 21(2) A State officer shall not use public property, funds or services that are acquired in the course of or as a result of the official duties, for activities that are not related to the official work of the State officer . Section 21(3) A State officer shall return to the issuing authority all the public property in their custody, possession or control at the end of the appointment, or election term. Section 21(4) A State officer who contravenes subsection (2) or (3) shall, in addition to any other penalties provided for under the Constitution, this Act or any other law be personally liable for any loss or damage to the public property.
Section 21Verify source
§ 22GENERAL LEADERSHIP AND INTEGRITY CODE - 22. Misuse of official informationProvision

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

Section 22. Misuse of official information Section 22(1) A State officer shall not directly or indirectly use or allow any person under the officer’s authority to use any information obtained through or in connection with the office, which is not available in the public domain, for the furthering of any private interest, whether financial or otherwise. Section 22(2)(a) furthering the interests of this Act; or Section 22(2)(b) educational, research, literary, scientific or other purposes not prohibited by law.
Section 22Verify source
§ 23GENERAL LEADERSHIP AND INTEGRITY CODE - 23.[Deleted by ActNo. 11 of 2025, 3rd Sch.]Provision

Section 23 has been deleted.

Section 23.[Deleted by ActNo. 11 of 2025, 3rd Sch.]
Section 23Verify source
§ 24GENERAL LEADERSHIP AND INTEGRITY CODE - 24. ImpartialityProvision

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.

Section 24. Impartiality Section A State officer shall, at all times, carry out the duties of the office with impartiality and objectivity in accordance with Articles 10, 27, 73(2)(b) and 232 of the Constitution and shall not practise favouritism, nepotism, tribalism, cronyism, religious bias or engage in corrupt or unethical practices.
Section 24Verify source
§ 25GENERAL LEADERSHIP AND INTEGRITY CODE - 25. Giving adviceProvision

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

Section 25. Giving advice Section A State officer who has a duty to give advice shall give honest, accurate and impartial advice without fear or favour.
Section 25Verify source
§ 26GENERAL LEADERSHIP AND INTEGRITY CODE - 26.[Deleted by ActNo. 11 of 2025, 3rd Sch.]Provision

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

Section 26.[Deleted by ActNo. 11 of 2025, 3rd Sch.]
Section 26Verify source
§ 27GENERAL LEADERSHIP AND INTEGRITY CODE - 27.[Deleted by ActNo. 11 of 2025, 3rd Sch.]Provision

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

Section 27.[Deleted by ActNo. 11 of 2025, 3rd Sch.]
Section 27Verify source
§ 28GENERAL LEADERSHIP AND INTEGRITY CODE - 28.[Deleted by ActNo. 11 of 2025, 3rd Sch.]Provision

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

Section 28.[Deleted by ActNo. 11 of 2025, 3rd Sch.]
Section 28Verify source
§ 29GENERAL LEADERSHIP AND INTEGRITY CODE - 29. Misleading the publicProvision

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

Section 29. Misleading the public Section A State officer shall not knowingly give false or misleading information to any person.
Section 29Verify source
§ 30GENERAL LEADERSHIP AND INTEGRITY CODE - 30. Falsification of recordsProvision

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

Section 30. Falsification of records Section A State officer shall not falsify any records or misrepresent information to the public.
Section 30Verify source
§ 31GENERAL LEADERSHIP AND INTEGRITY CODE - 31. CitizenshipProvision

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.

Section 31. Citizenship Section 31(1) Subject to Article 78(3) of the Constitution, a State officer who acquires dual citizenship shall lose his or her position as a State officer . Section 31(2) A person who holds dual citizenship shall, upon election or appointment to a State office, not take office before officially renouncing their other citizenship in accordance with the provisions of the Kenya Citizenship and Immigration Act ( Cap. 170 ).
Section 31Verify source
§ 32GENERAL LEADERSHIP AND INTEGRITY CODE - 32. Conduct of private affairsProvision

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

Section 32. Conduct of private affairs Section A State officer shall conduct private affairs in a manner that maintains public confidence in the integrity of the office.
Section 32Verify source
§ 33GENERAL LEADERSHIP AND INTEGRITY CODE - 33. Tax, financial and legal obligationsProvision

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

Section 33. Tax, financial and legal obligations Section 33(1) A State officer shall pay any taxes due from him or her within the prescribed period. Section 33(2) A State officer shall not neglect their financial or legal obligations.
Section 33Verify source
§ 34GENERAL LEADERSHIP AND INTEGRITY CODE - 34. BullyingProvision

State officers are prohibited from bullying any person.

Section 34. Bullying Section 34(1) A State officer shall not bully any person. Section 34(2) For purposes of subsection (1) , "bullying" includes repeated offensive behaviour which is vindictive, cruel, malicious or humiliating and is intended to undermine a person.
Section 34Verify source
§ 35GENERAL LEADERSHIP AND INTEGRITY CODE - 35. Acting through othersProvision

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.

Section 35. Acting through others Section 35(1)(a) causes anything to be done through another person that would constitute a contravention of the Code ("the General Leadership and Integrity Code prescribed under Part II and includes a specific Code of Leadership and Integrity prescribed under Part III of this Act;") if done by the State officer ; or Section 35(1)(b) allows or directs a person under their supervision or control to do anything that is in contravention of the Code ("the General Leadership and Integrity Code prescribed under Part II and includes a specific Code of Leadership and Integrity prescribed under Part III of this Act;") . Section 35(2) Subsection (1)(b) shall not apply where anything is done without the State officer ’s knowledge or consent or if the State officer has taken reasonable steps to prevent it. Section 35(3) A State officer who acts under an unlawful direction shall be responsible for his or her action.
Section 35Verify source
§ 36GENERAL LEADERSHIP AND INTEGRITY CODE - 36. Reporting improper ordersProvision

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.

Section 36. Reporting improper orders Section 36(1) If a State officer considers that anything required of them is in contravention of the Code ("the General Leadership and Integrity Code prescribed under Part II and includes a specific Code of Leadership and Integrity prescribed under Part III of this Act;") or is otherwise improper or unethical, the State officer shall report the matter to the Commission ("the Ethics and Anti-Corruption Commission established under();") . Section 36(2) The Commission ("the Ethics and Anti-Corruption Commission established under();") shall investigate the report and take appropriate action within ninety days of receiving the report.
Section 36Verify source
§ 6GENERAL LEADERSHIP AND INTEGRITY CODE - 6. GeneralCodeProvision

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

Section 6. GeneralCode Section 6(1) This Part prescribes a general Leadership and Integrity Code ("the General Leadership and Integrity Code prescribed under Part II and includes a specific Code of Leadership and Integrity prescribed under Part III of this Act;") for State officers. Section 6(2) The provisions of Chapter Six of the Constitution shall form part of this Code ("the General Leadership and Integrity Code prescribed under Part II and includes a specific Code of Leadership and Integrity prescribed under Part III of this Act;") . Section 6(3) Deleted by ActNo. 11 of 2025, 3rd Sch. Section 6(4) Deleted by ActNo. 11 of 2025, 3rd Sch.
Section 6Verify source
§ 7GENERAL LEADERSHIP AND INTEGRITY CODE - 7. Rule of lawProvision

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.

Section 7. Rule of law Section 7(1) A State officer shall respect and abide by the Constitution and the law. Section 7(2) A State officer shall carry out the duties of the office in accordance with the law. Section 7(3) In carrying out the duties of the office, a State officer shall not violate the rights and fundamental freedoms of any person unless otherwise expressly provided for in the law and in accordance with Article 24 of the Constitution.
Section 7Verify source
§ 8GENERAL LEADERSHIP AND INTEGRITY CODE - 8. Public trustProvision

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

Section 8. Public trust Section A State office is a position of public trust and the authority and responsibility vested in a State officer shall be exercised by the State officer in the best interest of the people of Kenya.
Section 8Verify source
§ 9GENERAL LEADERSHIP AND INTEGRITY CODE - 9. Responsibility and dutiesProvision

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.

Section 9. Responsibility and duties Section Subject to the Constitution and any other law, a State officer shall take personal responsibility for the reasonably foreseeable consequences of any actions or omissions arising from the discharge of the duties of the office.
Section 9Verify source

Part III

SPECIFIC LEADERSHIP AND INTEGRITY CODES

§ 37SPECIFIC LEADERSHIP AND INTEGRITY CODES - 37. Establishment of specific CodesProvision

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.

Section 37. Establishment of specific Codes Section 37(1) Each public entity shall prescribe a specific Leadership and Integrity Code ("the General Leadership and Integrity Code prescribed under Part II and includes a specific Code of Leadership and Integrity prescribed under Part III of this Act;") for the State officers in that public entity . Section 37(2) The specific Leadership and Integrity Code ("the General Leadership and Integrity Code prescribed under Part II and includes a specific Code of Leadership and Integrity prescribed under Part III of this Act;") prescribed by a public entity shall include all the requirements in the general Leadership and Integrity Code ("the General Leadership and Integrity Code prescribed under Part II and includes a specific Code of Leadership and Integrity prescribed under Part III of this Act;") under Part II of this Act and may provide for the manner in which any requirements of the specific or general Code ("the General Leadership and Integrity Code prescribed under Part II and includes a specific Code of Leadership and Integrity prescribed under Part III of this Act;") may be satisfied.
Section 37Verify source
§ 38SPECIFIC LEADERSHIP AND INTEGRITY CODES - 38. Application of the generalCodeProvision

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.

Section 38. Application of the generalCode Section Until a public entity has prescribed a specific Leadership and Integrity Code ("the General Leadership and Integrity Code prescribed under Part II and includes a specific Code of Leadership and Integrity prescribed under Part III of this Act;") under section 37 , the general Code under Part II of this Act shall apply as though it were the specific Leadership and Integrity Code prescribed by the public entity.
Section 38Verify source
§ 39SPECIFIC LEADERSHIP AND INTEGRITY CODES - 39. Approval and publication of specific codesCommencement

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.

Section 39. Approval and publication of specific codes Section 39(1) A public entity shall submit the specific Leadership and Integrity Code ("the General Leadership and Integrity Code prescribed under Part II and includes a specific Code of Leadership and Integrity prescribed under Part III of this Act;") prescribed under section 37 to the Commission for approval. Section 39(2) In considering the specific Leadership and Integrity Code ("the General Leadership and Integrity Code prescribed under Part II and includes a specific Code of Leadership and Integrity prescribed under Part III of this Act;") submitted under subsection (1) , the Commission ("the Ethics and Anti-Corruption Commission established under();") shall ensure that it is consistent with the General Code ("the General Leadership and Integrity Code prescribed under Part II and includes a specific Code of Leadership and Integrity prescribed under Part III of this Act;") prescribed under Part II of this Act, any other law and the Constitution. Section 39(3) The Commission ("the Ethics and Anti-Corruption Commission established under();") shall, within thirty days of receipt of a specific Leadership and Integrity Code ("the General Leadership and Integrity Code prescribed under Part II and includes a specific Code of Leadership and Integrity prescribed under Part III of this Act;") , consider and approve it, with or without amendments, for publication in the Gazette . Section 39(4) Subject to the provisions of subsections (2) and (3) , a public entity shall cause to be published the specific Leadership and Integrity Code ("the General Leadership and Integrity Code prescribed under Part II and includes a specific Code of Leadership and Integrity prescribed under Part III of this Act;") in the Gazette within ninety days of the receipt of the approval from the Commission ("the Ethics and Anti-Corruption Commission established under();") . Section 39(5) Any specific Code ("the General Leadership and Integrity Code prescribed under Part II and includes a specific Code of Leadership and Integrity prescribed under Part III of this Act;") of a public entity existing at the commencement of this Act shall be deemed to have been made under this Act and shall be submitted for approval by the Commission ("the Ethics and Anti-Corruption Commission established under();") to ascertain its conformity with the General Code ("the General Leadership and Integrity Code prescribed under Part II and includes a specific Code of Leadership and Integrity prescribed under Part III of this Act;") and approval within ninety days after the commencement of this Act.
Section 39Verify source

Part IV

ENFORCEMENT OF THE LEADERSHIP AND INTEGRITY CODE

§ 40ENFORCEMENT OF THE LEADERSHIP AND INTEGRITY CODE - 40. State officer to sign Specific Leadership and Integrity CodeProvision

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.

Section 40. State officer to sign Specific Leadership and Integrity Code Section 40(1) Upon appointment or election, a State officer shall sign and commit to the specific Leadership and Integrity Code issued by the relevant public entity at the time of taking the oath of office or within seven days of assuming a State office. Section 40(2) The High Court may upon application by any person, declare the assumption of office by a state officer to be invalid for want of executing a commitment to the specific leadership and integrity code. [Act No. 19 of 2023 , Sch.]
Section 40Verify source
§ 41ENFORCEMENT OF THE LEADERSHIP AND INTEGRITY CODE - 41. Breach of theCodeProvision

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.

Section 41. Breach of theCode Section 41(1) Subject to subsection (2) , a breach of the Code ("the General Leadership and Integrity Code prescribed under Part II and includes a specific Code of Leadership and Integrity prescribed under Part III of this Act;") amounts to misconduct for which the State officer may be subjected to disciplinary proceedings. Section 41(2) Where an allegation of breach of the Code ("the General Leadership and Integrity Code prescribed under Part II and includes a specific Code of Leadership and Integrity prescribed under Part III of this Act;") has been made against a State officer in respect of whom the Constitution or any other law provides the procedure for removal or dismissal, the question of removal or dismissal shall be determined in accordance with the Constitution or that other law.
Section 41Verify source
§ 42ENFORCEMENT OF THE LEADERSHIP AND INTEGRITY CODE - 42. Lodging of complaints and investigationsProvision

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.

Section 42. Lodging of complaints and investigations Section 42(1) A person who alleges that a State officer has committed a breach of the Code ("the General Leadership and Integrity Code prescribed under Part II and includes a specific Code of Leadership and Integrity prescribed under Part III of this Act;") , may lodge a complaint with the relevant public entity and the public entity shall register and inquire into the complaint. Section 42(2) A public entity may authorize any of its officers to inquire into a complaint on its behalf and determine whether a State officer has contravened the Code ("the General Leadership and Integrity Code prescribed under Part II and includes a specific Code of Leadership and Integrity prescribed under Part III of this Act;") . Section 42(3) An investigation may be made at the instance of a public entity . Section 42(4) A State officer being investigated under this section shall be informed by the investigating authority, of the complaint made against that State officer and shall be given a reasonable opportunity to make a representation relating to the issue, before the investigation is concluded. Section 42(5) A person who has lodged a complaint against a State officer shall be entitled to be informed of any action taken or to be taken in respect of the complaint and shall be afforded a hearing. Section 42(6) Where an investigation under this section is initiated while the State officer is in office, it may be continued even after the person under investigation has ceased to be a State officer . Section 42(7) Subject to the Constitution and any regulations for the enforcement of the Code ("the General Leadership and Integrity Code prescribed under Part II and includes a specific Code of Leadership and Integrity prescribed under Part III of this Act;") made under this Act, a State officer may be suspended from office pending the investigation and determination of allegations made against that State officer where such suspension is considered necessary. Section 42(8) The Commission ("the Ethics and Anti-Corruption Commission established under();") shall prescribe disciplinary mechanisms and procedures to be followed in the event of contravention of the Code ("the General Leadership and Integrity Code prescribed under Part II and includes a specific Code of Leadership and Integrity prescribed under Part III of this Act;") , and those mechanisms and procedures shall comply with Article 47 of the Constitution or any other applicable written law for the time being in force. Section 42(9) The public entity or an authorized officer may take disciplinary action against a State officer serving in the public entity . Section 42(10) Notwithstanding subsection (2) and (3) , the Commission ("the Ethics and Anti-Corruption Commission established under();") may inquire into and investigate an alleged breach of the Code ("the General Leadership and Integrity Code prescribed under Part II and includes a specific Code of Leadership and Integrity prescribed under Part III of this Act;") either upon receipt of a complaint or on its own motion. [Act No. 18 of 2014 , Sch.]
Section 42Verify source
§ 43ENFORCEMENT OF THE LEADERSHIP AND INTEGRITY CODE - 43. Referral for possible civil or criminal proceedingsProvision

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.

Section 43. Referral for possible civil or criminal proceedings Section 43(1)(a) the Commission ("the Ethics and Anti-Corruption Commission established under();") or the Attorney-General, with respect to civil matters; Section 43(1)(b) the Director of Public Prosecutions, with respect to criminal matters; or Section 43(1)(c) any other appropriate authority. Section 43(2) Referral of a matter under subsection (1) shall not preclude the person, the State organ or public entity referring the matter from undertaking further investigations or action into the matter. Section 43(3) If a matter is referred to the Commission ("the Ethics and Anti-Corruption Commission established under();") under subsection (1)(a) and in the opinion of the Commission ("the Ethics and Anti-Corruption Commission established under();") , criminal proceedings ought to be preferred against the respective State officer , the matter shall be referred to the Director of Public Prosecutions. Section 43(4) In addition to the prosecution of a State officer , the Commission ("the Ethics and Anti-Corruption Commission established under();") may take any other action that it considers necessary. Section 43(5) The prosecution of any State officer is not a bar to other steps that the Commission ("the Ethics and Anti-Corruption Commission established under();") may consider necessary.
Section 43Verify source
§ 44ENFORCEMENT OF THE LEADERSHIP AND INTEGRITY CODE - 44. Advisory opinionProvision

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.

Section 44. Advisory opinion Section 44(1) A State officer or public entity may request the Commission ("the Ethics and Anti-Corruption Commission established under();") to give an advisory opinion on any issue relating to the application of Chapter Six of the Constitution. Section 44(2) The Commission ("the Ethics and Anti-Corruption Commission established under();") shall establish appropriate mechanisms and procedures for the provision of advisory opinions under subsection (1) in a confidential and timely manner.
Section 44Verify source
§ 45ENFORCEMENT OF THE LEADERSHIP AND INTEGRITY CODE - 45. Reports of theCommissionProvision

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

Section 45. Reports of theCommission Section 45(1) The Commission ("the Ethics and Anti-Corruption Commission established under();") shall submit an annual report, containing all the information relevant to the enforcement of and compliance with the provisions of this Act, to the President and Parliament. Section 45(2) The Commission ("the Ethics and Anti-Corruption Commission established under();") shall publish the report made under subsection (1) in the Gazette and facilitate reasonable access of the report by the public.
Section 45Verify source

Part V

OFFENCES AND PENALTIES

§ 46OFFENCES AND PENALTIES - 46. Obstructing or hindering persons under this ActOffence

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.

Section 46. Obstructing or hindering persons under this Act Section 46(1)(a) without justification or lawful excuse, obstruct, hinder, assault or threaten a person undertaking his or her duties under this Act; Section 46(1)(b) deceive or knowingly mislead the Commission ("the Ethics and Anti-Corruption Commission established under();") , a public entity or a person undertaking his or her duties under this Act; Section 46(1)(c) destroy, alter, conceal or remove documents, records or evidence that the person believes, or has grounds to believe may be relevant to an investigation or proceedings under this Act; or Section 46(1)(d) provide false information to the Commission ("the Ethics and Anti-Corruption Commission established under();") , a public entity or a person acting under this Act. Section 46(2) A person who contravenes subsection (1) commits an offence and is liable, on conviction, to a fine not exceeding five million shillings, or to imprisonment for a term not exceeding five years, or to both.
Section 46Verify source
§ 47OFFENCES AND PENALTIES - 47. General penaltyOffence

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.

Section 47. General penalty Section Any person who is convicted of an offence under this Act, for which no penalty is expressly provided, shall be liable on conviction to a fine not exceeding five hundred thousand shillings, or to imprisonment for a term not exceeding three years, or to both.
Section 47Verify source
§ 48OFFENCES AND PENALTIES - 48. Breach ofsection 20Offence

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.

Section 48. Breach ofsection 20 Section State officer who does not comply with the provisions of section 20 commits an offence and is liable, on conviction, to a fine not exceeding five million shillings, or to imprisonment for a term not exceeding five years, or to both.
Section 48Verify source
§ 49OFFENCES AND PENALTIES - 49. Forfeiture and compensationOffence

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.

Section 49. Forfeiture and compensation Section 49(1) Where a State officer is proven to have obtained any property in breach of this Act, the State officer shall, subject to any appeal which the officer may make, forfeit the property and the property shall be held by the Commission ("the Ethics and Anti-Corruption Commission established under();") or by an agent appointed by the Commission ("the Ethics and Anti-Corruption Commission established under();") in trust for the Republic, until it is lawfully disposed of. Section 49(2) The Commission ("the Ethics and Anti-Corruption Commission established under();") may order a State officer referred to in subsection (1) to pay by way of compensation to the State such sum, including interest, as may be determined by the Commission ("the Ethics and Anti-Corruption Commission established under();") as just, having regard to the loss suffered by the Government or public entity and such order shall be deemed to be a decree under section 25 of the Civil Procedure Act ( Cap. 21 ) and shall be executed in the manner prescribed under Part III of that Act. Section 49(3) For the purposes of subsection (2) , the rate of interest on any property or money irregularly obtained shall not be less than the prevailing lending rates and shall be payable with effect from the day such property or money was obtained. Section 49(4) The money or proceeds of the sale of property which is forfeited to the Government under this section shall be paid into the Consolidated Fund.
Section 49Verify source

Part VI

GENERAL PROVISIONS

§ 50GENERAL PROVISIONS - 50. Protection of officers of theCommissionorpublic entityProvision

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.

Section 50. Protection of officers of theCommissionorpublic entity Section Subject to this Act, no civil or criminal liability shall attach to an officer of the Commission ("the Ethics and Anti-Corruption Commission established under();") or public entity acting on the instructions of the chief executive officer of a public entity , for anything done in good faith by that officer in the performance of the duties under this Act.
Section 50Verify source
§ 51GENERAL PROVISIONS - 51. Oversight over the CommissionersProvision

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).

Section 51. Oversight over the Commissioners Section 51(1) Where a violation of Chapter Six of the Constitution or this Act, which is not a violation as contemplated in Article 251 of the Constitution, is alleged against a member of the Commission ("the Ethics and Anti-Corruption Commission established under();") , the President shall establish an independent review panel to inquire into the allegation. Section 51(2) An allegation under subsection (1) shall be submitted to the Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to leadership and integrity and includes the Attorney-General;") by way of petition setting out the alleged violation, and the Cabinet Secretay shall submit the petition to the President. Section 51(3) The independent review panel established under subsection (1) shall comprise five State officers of good character and integrity drawn from any of the Commissions established under Chapter Fifteen of the Constitution. Section 51(4) The independent review panel shall inquire into the alleged contravention or violation committed by a member of the Commission ("the Ethics and Anti-Corruption Commission established under();") . Section 51(5) If the inquiry discloses that a member of the Commission ("the Ethics and Anti-Corruption Commission established under();") has violated Chapter Six of the Constitution, the independent review panel shall take the appropriate disciplinary action, or if it does not have the power to take the appropriate disciplinary action, refer the matter to a body or person who is vested with that power. Section 51(6) Regulations made under section 54 (f) shall apply to the disciplinary procedures under this section. Section 51(7) A person who is dissatisfied with the decision of the independent review panel may apply for a review within fifteen days from the date of the decision. Section 51(8) The independent review panel shall review its decision within fifteen days after the application for review. Section 51(9) A person who is dissatisfied with the decision of the independent review panel under subsection (8) may appeal to the High Court and the Court shall make a decision within thirty days of the appeal.
Section 51Verify source
§ 52GENERAL PROVISIONS - 52. Application of Chapter Six of the Constitution and this Act to public officers generallyProvision

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

Section 52. Application of Chapter Six of the Constitution and this Act to public officers generally Section Pursuant to Article 80(c) of the Constitution, the provisions of Chapter Six of the Constitution and this Act shall apply to all public officers as if they were State officers. [Act No. 11 of 2025 , 3rd Sch.]
Section 52Verify source
§ 53GENERAL PROVISIONS - 53. Leadership education and training generallyProvision

All public officers must receive leadership education and training.

Section 53. Leadership education and training generally Section all public officers;
Section 53Verify source
§ 54GENERAL PROVISIONS - 54. RegulationsProvision

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 54. Regulations Section 54(1) The Commission ("the Ethics and Anti-Corruption Commission established under();") shall make Regulations for the better carrying out of the provisions of this Act. Section 54(2)(a) prescribe the limitations on the types of gifts that a State officer can receive under section 14 ; Section 54(2)(b) prescribe for the maximum value of gifts that a State officer can receive under section 14 ; Section 54(2)(c) prescribe for a mechanism for the receipt, collection, storage and disposal of gifts under section 14 ; Section 54(2)(d) provide a mechanism and procedure for the opening, maintaining and publicizing of registers of conflict of interest under section 16 ; Section 54(2)(e) prescribe the grounds and conditions for opening, registering, maintaining, controlling and closing bank accounts outside Kenya under section 19 ; Section 54(2)(f) provide for the regulation on lodging of complaints, investigation and disciplinary processes and mechanisms on the enforcement of the Code ("the General Leadership and Integrity Code prescribed under Part II and includes a specific Code of Leadership and Integrity prescribed under Part III of this Act;") under section 42 .
Section 54Verify source

Part VII

TRANSITIONAL PROVISION

§ 55TRANSITIONAL PROVISION - 55.[Deleted by ActNo. 47 of 2012, Sch.]Provision

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

Section 55.[Deleted by ActNo. 47 of 2012, Sch.]
Section 55Verify source

Legislative relationships

10 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

4 instruments

  • Act Every person must implement this Act

    Section 4

  • Chapter Six of the Constitution and this Act

    Section 52

  • Civil Procedure Act

    Section 49

  • Constitution or this Act

    Section 51

G–M

4 instruments

  • General Leadership and Integrity Code

    Section 41

  • Kenya Citizenship and Immigration Act

    Section 31

  • Leadership and Integrity Code

    Section 42

  • Leadership and Integrity prescribed under Part III of this Act

    Sections 2, 6, 35, 36, 37, 38, 39, 54

N–S

2 instruments

  • Penal Code

    Section 13

  • Public Service as provided for under Article 232 of the Constitution. Section 3(3) Nothing in this Act

    Section 3

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Statute information is organised from identified legislative sources for professional research. Corrections can be reported to hello@esheria.ai.