Leadership and Integrity
- (73) - Responsibilities of leadership
- Authority assigned to a State officer—
- is a public trust to be exercised in a manner that—
- is consistent with the purposes and objects of this
- demonstrates respect for the people;
- brings honour to the nation and dignity to the office;
- promotes public confidence in the integrity of the
- vests in the State officer the responsibility to serve the people,
rather than the power to rule them.
- The guiding principles of leadership and integrity include—
- selection on the basis of personal integrity, competence and
suitability, or election in free and fair elections;
- objectivity and impartiality in decision making, and in ensuring
that decisions are not influenced by nepotism, favouritism, other
improper motives or corrupt practices;
- selfless service based solely on the public interest, demonstrated
- honesty in the execution of public duties; and
- the declaration of any personal interest that may
conflict with public duties;
- accountability to the public for decisions and actions; and
- discipline and commitment in service to the people.
- (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.
- (75) - Conduct of State officers
- A State officer shall behave, whether in public and official life, in
private life, or in association with other persons, in a manner that
- any conflict between personal interests and public or official
- compromising any public or official interest in favour of a
personal interest; or
- demeaning the office the officer holds.
- A person who contravenes clause (1), or Article 76, 77 or 78 (2)—
- shall be subject to the applicable disciplinary procedure for the
relevant office; and
- may, in accordance with the disciplinary procedure referred to in
paragraph (a), be dismissed or otherwise removed from office.
- A person who has been dismissed or otherwise removed from office for
a contravention of the provisions specified in clause (2) is disqualified
from holding any other State office.
- (76) - Financial probity of State officers
- 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.
- A State officer shall not—
- maintain a bank account outside Kenya except in accordance with
an Act of Parliament; or
- seek or accept a personal loan or benefit in circumstances that
compromise the integrity of the State officer.
- (77) - Restriction on activities of State officers
- A full-time State officer shall not participate in any other gainful
- Any appointed State officer shall not hold office in a political party.
- 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 company owned or controlled by the State; or
- a State organ.
- A retired State officer shall not receive remuneration from public funds
other than as contemplated in clause (3).
- (78) - Citizenship and leadership
- A person is not eligible for election or appointment to a State office
unless the person is a citizen of Kenya.
- A State officer or a member of the defence forces shall not hold dual
- Clauses (1) and (2) do not apply to—
- judges and members of commissions; or
- any person who has been made a citizen of another country by
operation of that country’s law, without ability to opt out.
- (79) - Legislation to establish the ethics and anti-corruption commission
Parliament shall enact legislation to establish an independent ethics and anticorruption
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.
- (80) - Legislation on leadership
Parliament shall enact legislation—
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- establishing procedures and mechanisms for the effective
administration of this Chapter;
- prescribing the penalties, in addition to the penalties referred to in
Article 75, that may be imposed for a contravention of this
- providing for the application of this Chapter, with the necessary
modifications, to public officers; and
- making any other provision necessary for ensuring the promotion
of the principles of leadership and integrity referred to in this
Chapter, and the enforcement of this Chapter.