The Public Leadership Code of Ethics Act
This provision says the Act may be cited as the Public Leadership Code of Ethics Act.
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- The Public Leadership Code of Ethics Act
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About this statute
This provision says the Act may be cited as the Public Leadership Code of Ethics Act. This section says the Act applies in Tanzania Zanzibar and Mainland Tanzania for public officers holding offices under the Union Government. This section defines key terms used in the Act and allows the President to change the list of public leaders by Gazette notice. The President must work toward ethical standards that strengthen public confidence in public leaders and government decision-making. Public leaders must follow ethics principles, avoid conflicts and improper benefits, and limit certain post-employment conduct.
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Provisions of The Public Leadership Code of Ethics Act
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- 1 Verify source ↗
Short title
This provision says the Act may be cited as the Public Leadership Code of Ethics Act.
1. This Act may be cited as the Public Leadership Code of Ethics Act. Omitted - 3 Verify source ↗
Application
This section says the Act applies in Tanzania Zanzibar and Mainland Tanzania for public officers holding offices under the Union Government.
3. This Act shall apply to Tanzania Zanzibar as well as to Mainland Tanzania in respect of public officers holding offices under the Union Government. Interpretation Acts Nos. 5 of 2001 s.2 4 of 2016 s. 61 - 4 Verify source ↗
Interpretation
This section defines key terms used in the Act and allows the President to change the list of public leaders by Gazette notice.
4.-(1) In this Act, unless the context requires otherwise- "child" means a biological, adopted or dependant child of a public leader who is below the age of eighteen years and is not married; “Code” means the Code of Ethics for Public Leaders established by this Act; “Commissioner” means the Ethics Commissioner appointed under section 19; "conflict of interest" means the situation where a public leader through his position in office or service, obtains or expects to obtain any interest or benefit, financial or otherwise, direct or indirect for himself or for some other 5 Public Leadership Code of Ethics Act [CAP. 398 R.E. 2020] person for whom he has a fiduciary relationship; “Government” means the Union Government or the Revolutionary Government of Zanzibar; “Minister” means the Minister responsible for public leadership code of ethics; “public leader” means any person holding any of the following public offices, namely- President of the United Republic; (i) (ii) Vice-President of the United Republic; (iii) President of Zanzibar; (iv) Prime Minster; (v) Chief Minister of Zanzibar; (vi) Speaker and Deputy Speaker; (vii) Chief Justice of the United Republic; (viii) Minister, Deputy Minister and Regional Commissioner; (ix) Attorney-General; (x) Judge and Magistrate; (xi) Member of Parliament; (xii) Ambassador or High Commissioner representing Tanzania abroad; (xiii) Chief Secretary, and District Commissioner; Regional Administrative Secretary, Permanent Secretary, Deputy Permanent Secretary; (xiv) Controller and Auditor-General; (xv) Clerk of the National Assembly; (xvi) Chief of Defence Forces; (xvii) Inspector-General of Police and the Regional Police Commander; (xviii) Chief of National Service; (xix) Principal Commissioner of Prisons; (xx) Director-General of Intelligence; (xxi) Director-General of Prevention of Corruption Bureau; (xxii) Mayor, Chairman, member or chief executive officer of a local government; (xxiii) Governor, Deputy Governor, Chairman, Managing Director, General Manager or Director-General of a body corporate in which the Government has a controlling interest; (xxiv) Chairman and members of all commissions appointed on full-time basis; (xxv) Public officers in charge of independent Government departments; 6 Public Leadership Code of Ethics Act [CAP. 398 R.E. 2020] (xxvi) Commissioners for tax at the Tanzania Revenue Authority; (xxvii) Commissioners and Directors in the Government Ministries; (xxviii) “Tribunal” means the Ethics Tribunal appointed under section 26. (2) Notwithstanding subsection (1), the President may, by notice published in the Gazette, change, vary or amend the list of public leaders specified under subsection (1). (3) Where any changes or variations occur in respect of any title of public leader specified under section (1), the new titles shall be deemed to be the proper title under this Act. PART II THE BASIC ELEMENTS OF CODE OF ETHICS President to work for promotion of integrity in public office etc.
Part
PART II
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President to work for promotion of integrity in public
The President must work toward ethical standards that strengthen public confidence in public leaders and government decision-making.
5.-(1) It shall be the duty of the President, subject to this Act, to work towards the evolution of ethical standards designed to provide a basis for enhancing public confidence in the integrity of public leaders and in the decision-making process in the Government and in the public sector in general. (2) In discharging the duty imposed on him by this section, the President shall be guided, subject to this Act, by the need to evolve, and to foster, sound rules and ethical standards in the public service by- (a) providing that a public leader shall not put himself in a position where his personal interest conflicts with his responsibility as such leader; interest (b) encouraging experienced and competent persons to seek and accept public office, and facilitating interchange between the private and the public sector; (c) establishing clear rules of ethics in respect of conflict for, and post-employment practices of applicable to, elected and appointed public leaders; (d) minimizing the possibility of conflicts arising between the private interests and public duties of public leaders and providing for the resolution of such conflicts in the public interests should they arise. Principles to be invoked by Code Act No. 4 of 2016 s.62 - 6 Verify source ↗
Principles to be invoked by Code
Public leaders must follow ethics principles, avoid conflicts and improper benefits, and limit certain post-employment conduct.
6.-(1) The Code of Ethics for public leaders shall seek as far as possible to institute and invoke the following principles in respect of the conduct of public leaders, namely- (a) in relation to ethical standards, that public leaders shall while in office act with honesty, compassion, 7 Public Leadership Code of Ethics Act [CAP. 398 R.E. 2020] sobriety, continence, temperance and uphold the highest possible ethical standards to that public confidence and trust in the integrity, objectivity and impartiality of Government are conserved and enhanced; (b) in relation to public scrutiny, that public leaders shall have an obligation- (i) to perform their official duties and arrange their private affairs in a manner the closest public that would bear scrutiny, an obligation that is not fully discharged by simply acting lawfully; (ii) in relation to all public leaders whether in elective or appointive offices, there is to be established a procedure for declaration of all property or assets owned by, or liabilities owed to him, his spouse or children, without unmarried minor prejudice to the right of wives and husbands of public to own property independently of their spouses; leaders in fulfilling (c) in relation to decision making, that public leaders their official duties and shall, responsibilities make decisions in accordance with law, in the public interest and with regard to the merits of each case; (d) in relation to private interest, that public leaders shall not have private interests, other than those permitted by the Code that would be affected particularly or significantly by government actions in which they participate; (e) in relation to public interest, that on appointment or election to office, and thereafter, public leaders shall arrange his affairs in a manner that would not occasion real, potential or apparent conflict of interest. (f) in relation to execution of duties the public leader shall not, whether directly or indirectly, act or make decision in furtherance of his private interest or interest of the member of his family or any other person for whom he has a judiciary relationship; (g) in relation to gifts and benefits, that public leaders shall not solicit or accept transfers of economic incidental gifts, customary benefit other than 8 Public Leadership Code of Ethics Act [CAP. 398 R.E. 2020] hospitality or other benefits of nominal value, unless the transfer is pursuant to an enforceable contract or property right of the public leader; (h) in relation to preferential treatment, that public leaders shall not step out of their official roles to assist private entities or persons in their dealing with the government where in preferential treatment to any person; this would result (i) in relation to inside information, that public leaders shall not knowingly take advantage of, or benefit from, information which is obtained in the course of their official duties and responsibilities and that is not generally available to the public; (j) in relation to government property that public leaders shall not directly or indirectly use, or allow the use of, government property of any kind, including property leased to the government, for purposes of according economic benefit to the leader; (k) in relation to post employment that: (i) (ii) in or any engage a public leader shall, within six months after the termination of his service, not seek private employment that he was associated with when he was a public leader or when he had a supervisory role in the pot of public leader, and for which he had direct management of; a public leader shall not act, after he leaves a public office, in such a manner as to bring the service to ridicule or take improper advantage of his previous office, so that the possibilities may be minimized by: (aa) allowing prospects of outside employment to create a real, potential or apparent conflict of interest for public leaders while in a public office. obtaining preferential treatment or privileged access to govern- ment after leaving a public office; taking personal advantage of the information obtained in (bb) (cc) 9 Public Leadership Code of Ethics Act [CAP. 398 R.E. 2020] course of official duties and responsibilities until it becomes generally available to the public; and (dd) Using a public office to unfair advantages in obtaining opportu- nities outside employment." Declaration of standards as to ethics - 7 Verify source ↗
Declaration of standards as to ethics
The President may issue Gazette notices setting ethical standards for public leaders, but the notice cannot take effect until approved by the National Assembly.
7.-(1) The President may, from time to time, by Notice published in the Gazette, declare requirements and rules regarding ethical standards that are to be complied with by public leaders. (2) A public leader who refuses makes false declaration nor fails to comply with the requirements under subsection (1) breaches the code of ethics for Public Leaders and is liable to the actions specified under section 8. 10 Public Leadership Code of Ethics Act [CAP. 398 R.E. 2020] (2) A Notice under this section shall not come into operation until it is approved by resolution of the National Assembly. PART III CODE OF ETHICS APPLICABLE TO ALL PUBLIC LEADERS Relationship between this Part and purpose of the Constitution Cap.2 Act No. 5 of 2001 s.3 Declaration of assets and liabilities Cap.2 Acts Nos. 5 of 2001 s.4 4 of 2016 s.63
Part
Part and
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Relationship between this Part and purpose of Constitution
This provision says the Part is part of the Code of Ethics for Public Leaders, and breaching the code can lead to disciplinary action.
8. The provisions of this Part shall constitute part of the Code of Ethics for Public Leaders according to the Constitution and breach of the code shall result in any of the following actions, namely- (a) warning and caution; (b) demotion; (c) suspension; (d) dismissal; (e) advising the leader to resign from the office to which the breach relates; (f) imposition of other penalties provided for under the rules of discipline related to the office of the leader; and (g) initiating action for the leader to be dealt with under the appropriate law. - 9 Verify source ↗
Declaration of assets and liabilities
Public leaders must file a written declaration of assets and liabilities with the Commissioner at year-end and when their term ends.
9.-(1) Every public leader shall, except where the Constitution or any other written law provides otherwise- (a) at the end of each Calender year; and (b) at the end of his term of office, submit to the Commissioner a written declaration, in a prescribed form, of all property or assets owned by, or liabilities owed to him, his spouse or child, subject to subsection (2) and (5). (2) A public leader shall not be required to declare as his property, and property shall not be deemed to be declared by a public leader if- (a) it is not matrimonial property; (b) it is not jointly owned with a public leader’s spouse or spouses; (3) Any property or asset acquired by a public leader after the initial declaration required by paragraph (a) of subsection (1) and which is not attributable to income, gift, or loan approved in the Code shall be deemed to have been acquired in breach of the Code unless the contrary is proved. (4) Any public leader who has previously made a 11 Public Leadership Code of Ethics Act [CAP. 398 R.E. 2020] declaration of assets under this section shall, during the subsequent declaration be required to declare as to the increase or decrease of assets as the case may be. (5) The public leader shall, in making the declaration of assets under this section: (a) state the monetary value of the declared assets and the source or the manner in which he has acquired the assets; (b) state or disclose his debts if any and any other liabilities. Non-declarable assets - 10 Verify source ↗
Non-declarable assets
Some assets used privately by public leaders and their families, and other non-commercial assets, are normally not subject to public declaration or divestment.
10.-(1) Assets and interests for private use of public leaders and their families, and assets that are not of a commercial character shall not normally be subject to public declaration or divestment. (2) Non-declarable assets referred to in subsection (1) shall include- (a) residences, recreational property and farms used or intended for use by public leaders or their families; (b) household goods and personal effects for private use; (c) works of art, antiques and collectibles; (d) motor vehicles and other personal means of transportation; (e) gains or advantage derived through labour on land owned or occupied by a public leader; (f) registered retirement savings plans that are not self-administered, annuities and life insurance policies; (g) money saved by a previous employer; client or partnership; and (h) personal loans receivable from the members of the public leader’s immediate family and small personal loans receivable from other persons where the public leader has loaned the moneys receivable. Declarable assets Act No. 4 of 2016 s.64 - 11 Verify source ↗
Declarable assets
A public leader must declare assets that are not non-declarable assets.
11.-(1) A public leader shall make a declaration of assets that are not non-declarable assets in order for him to be able to deal with them without giving rise to a conflict of interest. (2) Declarable assets shall include- (a) cash and deposits in a bank or other financial institution; 12 Public Leadership Code of Ethics Act [CAP. 398 R.E. 2020] (b) Treasury Bills and other similar investments in securities of fixed value issued or guaranteed by the Government or agencies of the Government; (c) interest on money deposited in a bank, building society or other financial institution; (d) dividends or other profits from stocks or shares held by a public leader in any company or other body corporate; (e) interests in businesses that do not contract with the government, and do not own or control publicly traded securities, other than incidentally, and whose stocks and shares are not traded publicly; (f) farms under commercial or non commercial operation; (g) real property which is not an exempt asset; and (h) assets that are beneficially owned, which are not non-declarable assets and which are administered at arm’s length. Public leader not to acquire dishonestly any pecuniary advantage Acts Nos. 5 of 2001 s.5 4 of 2016 s. 65 - 12 Verify source ↗
Public leader not to acquire dishonestly any pecuniary
A public leader must not knowingly gain a significant pecuniary advantage through misuse of official information, improper influence, unauthorized disclosure, misuse of government property, or improper solicitation/acceptance of benefits, and must declare and submit gifts over 200,000 shillings.
12.-(1) A public leader shall be considered to have breached the Code if he knowingly acquires any significant pecuniary advantage, or assists in the acquisition of any pecuniary advantage by any other person, by- (a) improperly using or benefiting from information which is obtained in the course of his official duties and which is not generally available to the public; (b) disclosing any official information to unauthorized persons; (c) exerting any improper influence in the appointment, promotion, disciplining or removal of a public officer; (d) directly or indirectly converting Government property for personal or any other unauthorized use for the purposes of reaping private economic benefit; (e) soliciting or accepting benefit, other than transfers of economic (i) benefits of nominal value, including customary hospitality and traditional or token gifts; (ii) gifts from close family members or from public leaders elsewhere; or 13 Public Leadership Code of Ethics Act [CAP. 398 R.E. 2020] (iii) transfers pursuant to an enforceable property right of the public leader or pursuant to a contract for which full value is given. (2) The public leader shall, where he receives a gift of the value exceeding two hundred thousand shillings- (a) declare the received gift and its value; and (b) submit the declaration of the gift to the accounting officer of the office concerned, who shall in writing direct as to the use or disposal of the gift. (3) An accounting officer who receives a declaration in terms of subsection (2) (b) shall report the declaration and disposal of the gifts to the Commissioner. - 13 Verify source ↗
Public leader to disclose pecuniary interest to forum
A public leader must not speak on a matter in certain forums if they have a direct pecuniary interest, unless they disclose that interest and it serves or safeguards the public interest.
13.-(1) A public leader shall not speak in the Cabinet, National Assembly, Local Government Council or its Committee, official forum or part of it as the case may be, in any matter in which he has a direct pecuniary interest unless. (a) he has disclosed the nature of that interest to the Cabinet, the Local the National Assembly, Government Council or Committee or such other forum or part of it: and (b) the direct pecuniary interest for which the public leader has disclosed under paragraph (a) serves or safeguards public interest. (2) For the purposes of this section the separately owned assets of the spouse or child of a public leader shall be deemed to constitute an interest for disclosure by him. Public leader to disclose pecuniary interest to forum Act No. 4 of 2016 s.66 Restriction of public leaders to enter into contracts Act No. 4 of 2016 s.67 - 14 Verify source ↗
Restriction on public leaders to enter into contracts
A public leader must not enter into or take part in a contract with the Government or a Government entity, including through a family member or affiliated company or association, unless that body is not under the leader’s direct management.
14. A public leader shall not, whether by himself, or through a family member or any company or association to which he is affiliated, enter into or take part in any contract with the Government or entity of the Government thereof unless the Government or entity for which the contract is being entered into is not under the direct management of that leader. [s.13A] Declaration of interest in Government Contract Act No. 4 of 2016 s. 68 - 15 Verify source ↗
Declaration of interest in Government contract
A public leader who has an interest in a Government contract must declare that interest to the Commissioner, in writing, as soon as practicable, and in some cases within 30 days after commencement.
15.-(1) Where a public leader has an interest in a contract that is made, or is proposed to be made, by the Government, and has not made a sufficient declaration under subsection (4) in relation to the contract, the public leader shall as soon as practicable make a declaration of his interest in relation to the 14 Public Leadership Code of Ethics Act [CAP. 398 R.E. 2020] contract, specifying the nature and extent of his interest. (2) Where- (a) immediately before the commencement of this Act, a public leader has an interest in a contract that has been made by the Government; and (b) the contract is not completely performed by all parties within thirty days after the commencement of this Act, leader the public the commencement of this Act, declare the interest in accordance with this section. thirty days after shall, within (3) The interests of the spouse or of the child of a public leader in relation to the Government contract shall be deemed to be the interest of the public leader. (4) A declaration for the purposes of this section shall be made to the Commissioner in writing. (5) A declaration by a public leader that- (a) states that he has an interest in a specified body corporate or firm; (b) specifies the nature and extent of the interest; (c) where the interest is a shareholding or partnership, specifies the proportion of the ownership of the company or firm represented by the shareholding or partnership and; (d) states that he is to be regarded as interested in any contract which may, after the date of the notice, be made with the Government by that body corporate or firm, shall be a sufficient declaration of interest in relation to any contract so made unless, at the time the question of confirming or entering into any contract is first taken into consideration by the Government, the extent of his interest in the body corporate or firm is greater than is stated in the declaration. (6) For the purposes of this section, a public leader has an interest in contract if- (a) he will derive any material benefit, whether direct or indirect, from the contract; or (b) one party to the contract is a firm or body corporate and he has a material interest, whether direct or indirect, in the firm or body corporate. (7) For the purposes of paragraph (b) of subsection (6), a public leader shall not be considered to have a material interest in a body corporate by reason only that- (a) he hold debentures of the body corporate; or 15 Public Leadership Code of Ethics Act [CAP. 398 R.E. 2020] (b) he holds shares in the body corporate with a total market value of less than the annual emoluments from [s.14] public office the of leader. Failure to make declaration, or making of false declaration Act No. 4 of 2016 s. 69 Cap. 4 s. 8 - 16 Verify source ↗
Failure to make declaration, or making of false declaration
A public leader subject to section 9 breaches the Code if they fail to make a required declaration, knowingly make a false or misleading declaration, or delay making the declaration without reasonable cause.
16. A public leader who is subject to section 9 shall be considered to have breached the Code if- (a) he fails, without reasonable cause, to make a declaration required by that section; (b) he knowingly makes a declaration under section 9 that is false or misleading in a material particular. (c) without reasonable cause, delays to make a declaration under section 9(1)(b) [s.15] Relation- ship between this Part and the Constitution Cap. 2 Collective responsibilit y of Ministers PART IV SUPPLEMENTARY PROVISIONS APPLICABLE TO MINISTERS AND REGIONAL COMMISSIONERS
Part
PART IV
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Relationship between this Part and Constitution
This section says that, where it applies to Ministers, Deputy Ministers, and Regional Commissioners, this Part forms part of the Code of Ethics for Ministers.
17. The provisions of this Part shall, in so far as they apply to Ministers, Deputy Ministers, and Regional Commissioners, constitute part of the Code of Ethics for Ministers for the purpose of Articles 53 and 57 of the Constitution. [s.16] - 18 Verify source ↗
Collective responsibility of Ministers
Ministers must act consistently with collective Cabinet responsibility and must not publicly contradict Cabinet policy, criticize others in public statements, or make unauthorized disclosures of Cabinet discussions, decisions, or documents. Regional Commissioners are also bound by this rule when performing their duties.
18.-(1) A Minister shall not do anything that is inconsistent with the principle of the collective responsibility of Ministers for the policy of the Government and the conduct of its affairs and, in particular, shall not- (a) publicly contradict or disassociate himself from any policy adopted by the Cabinet; (b) issue public statements criticizing another person (c) make holding Ministerial office; or unauthorized disclosures discussions, decisions or documents. of Cabinet (2) A Regional Commissioner shall in the performance of the duties of his office be bounded by the provisions of subsection (1). [s.17] 16 Public Leadership Code of Ethics Act [CAP. 398 R.E. 2020] PART V ADMINISTRATION AND ENFORCEMENT Ethics Secretariat Cap.2 Acts. Nos. 5 of 2001 ss.7, 8 4 of 2016 s. 70
Part
PART V
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Ethics Secretariat
The Ethics Secretariat must receive declarations and breach reports, investigate suspected ethics breaches, and can compel attendance and documents in support of investigations. Special bank-account investigations need written orders and magistrates’ warrants, and the President must provide staffing and secrecy arrangements.
19.-(1) The Ethics Secretariat, which is established by section 132 of the Constitution of the United Republic, shall be an extra-ministerial department of Government under the Office of the President. (2) The Secretariat shall, subject to this Act and the relevant provision of the Constitution, have the duty to- (b) (a) receive declaration which are required to be made by public leaders under the Constitution or any other law; receive allegations and notifications of breach of the code by all public leaders who subject to this Act; (c) make inquiries into any alleged or suspected breach of the code by all public leaders who are subject to this Act; (d) conduct physical verification in respect of (e) declaration made pursuant to this Act; and initiate and conduct any investigation in respect of the breach of ethics prescribed under this Act. (3) The Secretariat shall, except for matters stipulated under subsections (4) and (5), have powers to order any person to:- (a) attend before the Secretariat for the purpose of being interviewed, orally or in writing, in relation to any matter which may assist investigation of an alleged breach of the code; (b) produce any book, document or any certified copy thereof and any article which may assist the investigation of an alleged breach of the code. (4) The Commissioner shall, where the Secretariat intends to conduct investigation in respect of a bank account, by order in writing supported by a warrant issued by a magistrate, authorise an officer of the Secretariat to investigate a bank account of a public leader concerned. (5) Notwithstanding subsection (4), the Commissioner shall, where the Secretariat intends to conduct investigation in respect to Bank Accounts, by order in writing supported by warrant issued by a Magistrate upon showing cause to the Magistrates as to why the Order should be issued, authorize any officer of the secretariat to investigate any bank account of a public leader. 17 Public Leadership Code of Ethics Act [CAP. 398 R.E. 2020] Immunity of officers of secretariat Act. No 4 of 2016 s. 71 Obstruction of officers from execution of duties Act No. 4 of 2016 s. 71 Ethics Commissioner Act No. 5 of 2001 ss.7, 9 (6) Any Order made by the Commissioner under subsection (1) shall be sufficient authority for the disclosure or production by any person of all or any information accounts, documents or articles as may be required by the officer of the Secretariat so authorized. (7) The President shall provide for the staffing of the secretariat, and for the taking by them of the oath of secrecy in respect of matters handled by them. - 20 Verify source ↗
Immunity of officers of the secretariet
Secretariat officers and people acting for the Secretariat are not liable for acts done in good faith while carrying out official duties.
20. An officer of the Secretariat or any other person acting on behalf of the Secretariat shall not be liable for an acts done in good faith in the course of discharging his official duties. [s.18A] - 21 Verify source ↗
Obstruction of officers from execution of duties
A person must not obstruct an officer carrying out duties or powers under the Act, or make false or misleading information.
21. Any person who, knowingly or without reasonable cause- (a) obstructs, whether directly or indirectly, an officer from execution of his duties or powers under the Act; (b) makes any false or misleading information, commits an offence and is liable on conviction to a fine of not less than one million shillings or to imprisonment for a term not exceeding one year or to both.” [s.18B] - 22 Verify source ↗
Ethics Commissioner
The President appoints the Ethics Commissioner, who serves a five-year term and may be reappointed for one more term.
22.-(1) There shall be established in the Ethics Secretariat, the Office of Ethics Commissioner, the holder of which shall be the head and chief executive of the department. (2) The Commissioner shall be appointed from amongst persons of a high proved or provable integrity who are holding or have held or are eligible for appointment to hold- (a) the office of Permanent Secretary; (b) the office of Judge of the High Court; (c) any other high public office in the Service. (3) The Commissioner shall be appointed by the President and- (a) shall hold office for a term of five years; (b) is eligible for reappointment for another one term; and 18 Public Leadership Code of Ethics Act [CAP. 398 R.E. 2020] Register of declarations of interests, and of assets registered Act No. 5 of 2001 ss.6, 10 Declarations deemed to be statutory declarations Act No. 5 of 2001 s.6 Complaints of breaches of Part III Acts Nos. 5 of 2001 ss7, 11 4 of 2016 s. 72 (c) may be removed from office for good cause. [s.20]
Part
Part III
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Register of declarations of interest, and of assets registered
The Commissioner must enter declaration details in a register. The register must be kept in a form approved by the Minister and made available for public inspection. The Minister may set the inspection procedure by Gazette regulations.
23.-(1) On receiving a declaration of interest under section 15 or a declaration of assets and income under section 9, the Commissioner shall cause the particulars of the declaration to be entered in a register. (2) The register shall be kept in such form as the Minister approves and shall be made available for inspection by members of the public at all reasonable times. (3) The Minister may by regulations published in the Gazette, prescribe the manner in which members of the public shall inspect the register under this section. [s.21] - 24 Verify source ↗
Declaration deemed to be statutory declarations
A declaration made for the purposes of sections 9 or 15 is treated as a statutory declaration.
24. A declaration made for the purposes of sections 9 or 15 shall be deemed to be a statutory declarations. [s.22] - 25 Verify source ↗
Complaints of breaches of part III
This section sets out how complaints or allegations that a public leader breached Part III are made, investigated, referred, and reported.
25.-(1) An allegation that a public leader has breached Part III may be made to the Commissioner by any person in writing and giving particulars of the breach or breaches alleged, signed by the complainant’s name and address: Provided that, the Commissioner shall not refuse any allegation submitted to him for the reason only of lack of signature, names or address of the Complainant. (2) Upon receipt of a complaint or allegation against any public leader in relation to compliance with the Code, the Commissioner shall cause thought preliminary investigation to be carried out by or on behalf of the secretariat into the allegation or complaints, and if he is satisfied that the investigation discloses a prima facie case for which a public leader may be justly required to give a public explanation of his conduct or property, he shall- (a) if allegations or complaints relate to the President, submit them to the President and to the Speaker who shall submit the allegation to the Standing Committee of the National Assembly; (b) if the allegations or complaints related to any other public leader, notify the President and the Speaker and proceed as in subsection (4). 19 Public Leadership Code of Ethics Act [CAP. 398 R.E. 2020] (3) Where the allegation received by the Commissioner the under this Commissioner shall immediately submit the allegation to the President. the Commissioner, section relates to (4) Where a public leader considers that a statement made in the press or through the other public media alleges, directly or by implication, that he has breached Part III he may report the particulars of the breach or breaches alleged, in writing, to the Commissioner and request that the matter be referred to a tribunal. (5) The Commissioner shall notify the President and the Speaker of the allegation and shall, after consultation with the Attorney General and with the Chief Justice, direct the tribunal appointed in terms of section 29 to investigate the allegation. (6) The tribunal shall within forty-five days upon receipt of directives made to it under subsection (5) report its finding to the Commissioner, who shall submit a copy each to the President, to the Speaker, and to the disciplinary authority of the public leader, as well as to the public leader concerned. (7) The Speaker shall, not later than seven days after the first sitting of the National Assembly next after receiving the report, cause a copy of the report to be laid before the National Assembly. (8) The Commissioner shall each year compile a report on the affairs and business of the secretariat, including cases dealt with by the Tribunal and submit it to the President who shall lay it before the National Assembly. [s.23] Complaints of breaches of Part IV Act No. 5 of 2001 s.7
Part
Part IV
- 26 Verify source ↗
Complaints of breaches of Part IV
Anyone may make a written complaint to the President that a Minister or Regional Commissioner breached Part IV, and the named official must then explain their conduct within 30 days after getting a copy.
26.-(1) An allegation that a person holding office of Minister or Regional Commissioner has breached Part IV may be made to the President by any person in writing signed by the complainant and giving the complainant’s name and address. (2) The President shall give a copy of the allegation to the Minister or Regional Commissioner concerned, who shall proceed to furnish an explanation of his conduct to the President, but within not more than thirty days. [s.24] Procuring information and attendance of witnesses Act No. 5 of 2001 - 27 Verify source ↗
Procuring information and attendance of witnesses
The Tribunal can require people with relevant information to provide it, produce documents, attend, and be examined on oath.
27.-(1) Subject to the provisions of this Act, the Tribunal may require any person who, in its opinion, is able to give any information relating to any matter relevant to any enquiry being conducted by it to furnish it with any such information and to produce any document, papers or things 20 Public Leadership Code of Ethics Act [CAP. 398 R.E. 2020] s.7 which may be in the possession or under the control of that person and may, by order under the hand of the Chairman or Vice-Chairman, require any such person to attend before the Committee at a time and place specified in such order and be examined on oath or to produce any such document, paper or thing. (2) Where the Tribunal orders any person to be examined on oath, any member may administer such oath. (3) Any order made under this section shall be served on the person to whom it is directed by a person holding office under the Tribunal or a police officer in the manner prescribed for the service of a summons on a witness in civil proceedings before a court of law. (4) Where a person to whom an order under this section is directed does not attend at the time and place mentioned therein, the Committee may, upon being satisfied that the order was duly served or that the person to whom the order is directed willfully avoids service, issue a warrant under the hand of the Chairman or Vice-Chairman to apprehend such person and to bring him before the Tribunal at a time and place specified in the warrant; and every warrant issued under this section shall be executed by a police officer. (5) Where a person is arrested in pursuance of a warrant issued under this section and is not brought before the Tribunal within twenty-four hours of his arrest or earlier released by order of the Tribunal on his undertaking to attend at a time and place specified by it, he shall forthwith be taken before a resident magistrate and such resident magistrate shall- (a) if such person enters into a suitable recognizance of his appearance before the Tribunal, release him from custody; or (b) order such person to be detained in custody until such time as he can be brought before the Tribunal. (6) When any person is required by the Tribunal to attend before it for the purposes of this section, such person shall be entitled to the same fee, allowance and expenses as if he were a witness before a court of law and, for the purpose of this subsection, the Chairman or the Vice-Chairman shall have the powers of a court to fix or disallow the amount of any such fee, allowance or expenses. (7) For the avoidance of doubts it is hereby declared that this section shall apply whether or not the person concerned is a public officer in respect of whose conduct the 21 Public Leadership Code of Ethics Act [CAP. 398 R.E. 2020] Tribunal has jurisdiction to enquire and whether or not such documents, papers or things are in the custody or under the control of any Government Ministry, Division, or Department, or the Party or a parastatal organisation. [s.25] Rights of witnesses Act No. 5 of 2001 s.7 Tribunal Acts Nos. 5 of 2001 s.7 4 of 2016 s.73 - 28 Verify source ↗
Rights of witnesses
People who give information or are required to attend before the Commissioner or Tribunal have the same rights and privileges as witnesses in the High Court for that information, evidence, or documents.
28. Subject to this Act, every person who gives or is required to give information by, or ordered to attend to give evidence or to produce any document, paper or thing before the Commissioner or the Tribunal, shall be entitled in respect of such information evidence, document papers or things to the same right and privileges as witnesses have in the High Court. [s.26] - 29 Verify source ↗
Tribunal
This section sets out how the Tribunal is appointed, how long members serve, and what powers and procedures it has for inquiries.
29.-(1) Subject to subsection (2), a Tribunal for the purposes of this Act shall consist of three persons appointed by the President, one of them being appointed from amongst persons who hold or have held the office of Judge of Appeal or of Judge of the High Court, while the other two shall be appointed upon advice by the Commissioner. (2) A member of the Tribunal shall hold office for a term of three years and shall be eligible for reappointment for another term. (3) Where a Tribunal has been constituted under subsection (4) of section 25 the Commissioner may commission it to investigate further allegations received by him under this section whether against the public leader concerned or another public leader. (4) The President shall appoint one Member of the Tribunal as Chairman. (5) Where a member of a Tribunal becomes unwilling to act or dies, the President may appoint another member in his place. (6) A Tribunal shall conduct its inquiry in public, save that it may exclude representatives of the press or any or all other persons if it considers it necessary so to do for the preservation of order, for the due conduct of the inquiry or for any other reason. (7) A Tribunal may engage the services of such technical advisor or other experts as it considers necessary for the proper conduct of the inquiry. (8) A Tribunal may request assistance from other investigative organs, including the Police, the Anti-Corruption Bureau, the Permanent Commission of Inquiry and those organs shall be empowered to provide information to the Tribunal and to conduct investigations on behalf of the Ethics 22 Public Leadership Code of Ethics Act [CAP. 398 R.E. 2020] Secretariat. (9) In its report, the Tribunal may make such recommendations as to administrative actions, criminal prosecutions or other further actions to be taken as it thinks fit. (10) Where the Tribunal considers that an allegation was malicious, frivolous or vexatious, or that the particulars accompanying it are insufficient to allow a proper investigation to proceed, it shall say so in its report. (11) Sections 3,4,14,15,24 and 25 of the Commissions of Inquiry Act shall apply to a Tribunal as if- Cap. 32 (a) the Tribunal were a Commission appointed under the Act; and (b) a reference to a Commissioner were a reference to a member of the Tribunal. [s.27] Offences and penalties Act No. 5 of 2001 ss.7, 12 PART VI MISCELLANEOUS PROVISIONS
Part
PART VI
- 30 Verify source ↗
Offences and penalties
This section creates offences for false allegations against a public leader and for knowingly making false asset declarations or false asset information, and sets fines or imprisonment on conviction.
30.-(1) Any person who without lawful justification makes an allegation against a public leader under section 25 or 26 knowing it to be false, commits an offence and shall on conviction, be liable to a fine of not less than two hundred thousand shillings and not more than one million shillings or to imprisonment for a term not exceeding two year. (2) Any person being a public leader who knowingly makes false declaration of his assets or gives any false information in respect of his assets, commits an offence and shall on conviction, be liable to a fine of not less than one million shillings and not more than five million shilling or to imprisonment for a term not exceeding one year. (3) Notwithstanding subsection (2) the Commissioner- (a) may, where a public leader is suspected of having submitted a false declaration of his assets, require the public the declaration; and to confirm or amend leader (b) shall, where after the confirmation or amendment, if any, under paragraph (a), the declaration is still false, refer the matter to the Tribunal. [s.28] Payment of fees, remuneration or expenses Act No. 5 of 2001 - 31 Verify source ↗
Payment of fees, remuneration or expenses
Fees, remuneration, or expenses for the Tribunal or its secretariat must be paid from money appropriated by Parliament for that purpose.
31. Any fees, remuneration or expenses payable in respect of a Tribunal or for the purposes of the secretariat shall be paid out of moneys appropriated by Parliament for that purpose. [s.29] 23 Public Leadership Code of Ethics Act [CAP. 398 R.E. 2020] s. 7 Act not to derogate from other laws Cap.329 Cap. 16 Act No. 5 of 2001 s.7 Act not to prevent public leader from resigning Act No. 5 of 2001 s.7 Regulations Acts Nos. 5 of 2001 ss.7, 13 4 of 2016 s.74 Cap. 4 s.8 Transitional provisions Act No. 5 of 2001 s.7 - 32 Verify source ↗
Act not to derogate from other laws
This Act does not limit or override other written laws, and ending proceedings under this Act does not stop criminal or other proceedings under any other law against the public leader concerned.
32. Nothing in this Act shall have the effect of limiting or derogating from the Prevention of Corruption Act, the Penal Code or any other written law, and the conclusion of proceedings under this Act shall not prevent the institution of criminal or other proceedings under any other law in respect of the public leader concerned. [s.30] - 33 Verify source ↗
Act not to prevent public leader from resigning
This section says the Act does not limit a Minister or other public leader’s right to resign.
33. Nothing in this Act shall have the effect of limiting the right of a Minister or any other public leader to resign as Minister or as holder of such other office of public leader. [s.31] - 34 Verify source ↗
Regulations
The Minister may make regulations for carrying out or giving effect to the Act, after consulting the Minister responsible for Local Government.
34.-(1) The Minister may after consultation with the Minister responsible for Local Government make regulations for or with respect to any matter that is necessary or convenient to be prescribed for carrying out or giving effect to this Act. (2) Without restricting the generality of subsection (1), the regulations may prescribe- (a) fees for the inspection of the register referred to in section 23; (b) procedure for summoning witnesses; (c) procedure for use by public leaders to divest themselves of property not permissible under this Act; (d) the manner in which this Act shall apply to public leaders who are members of the local government authorities; (e) the forms to be filled by public leader for the purpose of declaration of assets under this Act. and (f) matters that constitute conflict of interest, measures and procedures for the control of conflict of interest. [s.32] - 35
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