Leadership & Integrity

CHAPTER SIX

LEADERSHIP AND INTEGRITY

 

 

Article 73. Responsibilities of leadership.

(1) Authority assigned to a State officer—(a) is a public trust to

(b) vests in the State officer the responsibility to serve the

people, rather than the power to rule them.

(2) The guiding principles of leadership and integrity include— (a) selection on the basis of personal integrity, competence and

suitability, or election in free and fair elections;

(b) objectivity and impartiality in decision making, and in ensuring that decisions are not influenced by nepotism, favouritism, other improper motives or corrupt practices;

 

(c) selfless service based solely on the public interest, demonstrated by—

(i) honesty in the execution of public duties; and

 

(ii) the declaration of any personal interest that may conflict

with public duties;

(d) accountability to the public for decisions and actions; and

(e) discipline and commitment in service to the people.

 

ARTICLE 74. Oath of office of State officers.

Before assuming a State office, acting in a State office, or performing any functions of a State office, a person shall take and subscribe the oath or affirmation of office, in the manner and form prescribed by the Third Schedule or under an Act of Parliament.

ARTICLE 75. Conduct of State officers

(1) A State officer shall behave, whether in public and official life, in private life, or in association with other persons, in a manner that avoids—

(a) any conflict between personal interests and public or official

duties;

(b) compromising any public or official interest in favour of a

personal interest; or

 

(c) demeaning the office the officer holds.

 

(2)—

(2) A person who contravenes clause (1), or Article 76, 77 or 78

(a) shall be subject to the applicable disciplinary procedure for

the relevant office; and

(b) may, in accordance with the disciplinary procedure referred to in paragraph (a), be dismissed or otherwise removed from office.

(3) A person who has been dismissed or otherwise removed from office for a contravention of the provisions mentioned in clause (2) is disqualified from holding any other State office.

 

ARTICLE 76. Financial probity of  State officers

(1) A gift or donation to a State officer on a public or official occasion is a gift or donation to the Republic and shall be delivered to the State unless exempted under an Act of Parliament.

 

(2) A State officer shall not—

(a) maintain a bank account outside Kenya except in accordance with an Act of Parliament; or

(b) seek or accept a personal loan or benefit in circumstances that compromise the integrity of the State officer.

 

ARTICLE 77. Restriction on activities of State officers.

(1) A full-time State officer shall not participate in any other

gainful employment.

(2) Any appointed State officer shall not hold office in a political

party.

(3) A retired State officer who is receiving a pension from public funds shall not hold more than two concurrent remunerative positions as chairperson, director or employee of—

 

(a) a company owned or controlled by the State; or

(b) a State organ.

(4) A retired State officer shall not receive remuneration from

public funds other than as contemplated in clause (3).

 

ARTICLE 78. Citizenship and leadership.

 (1) A person is not eligible for election or appointment to a

State office unless the person is a citizen of Kenya.

(2) A State officer or a member of the defence forces shall not

hold dual citizenship.

 

(3) Clauses (1) and (2) do not apply to— (a) judges and members of commissions; or

(b) any person who has been made a citizen of another country by operation of that country’s law, without ability to opt out.

 

  1. Parliament shall enact legislation to establish an independent ethics and anti-corruption commission, which shall be and have the status and powers of a commission under Chapter Fifteen, for purposes of ensuring compliance with, and enforcement of, the provisions of this Chapter.
  2. Parliament shall enact legislation—

(a) establishing procedures and mechanisms for the effective administration of this Chapter;

(b) prescribing the penalties, in addition to the penalties referred to in Article 75, that may be imposed for a contravention of this Chapter;

(c) providing for the application of this Chapter, with the

necessary modifications, to public officers; and

(d) making any other provision necessary for ensuring the promotion of the principles of leadership and integrity mentioned in this Chapter, and the enforcement of this Chapter.

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