Ethics and Anti-Corruption Commission Act

Section 1. Short title Section This Act may be cited as the Ethics and Anti-Corruption Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") Act.

Section 2. Interpretation Section 2(1) In this Act, unless the context otherwise requires— "chairperson" means the chairperson of the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") appointed in accordance with Article 250(2) of the Constitution and the procedure set out in section (6); "Commission" means the Ethics and Anti-Corruption Commission established under section 3 of this Act; "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to ethics and anti-corruption matters; "Salaries and Remuneration Commission" means the Salaries and Remuneration Commission established under Article 230 of the Constitution; "secretary" means the Secretary to the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") appointed by the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") under Article 250(12) of the Constitution, in accordance with the procedure set out in section 16 . Section 2(2) Spent. [Act No. 12 of 2012 , Sch.]

Section 3. Establishment theCommission Section 3(1) There is established an Ethics and Anti-Corruption Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") . Section 3(2)(a) acquire, hold, charge and dispose movable and immovable property; and Section 3(2)(b) do or perform all such other things or acts for the proper discharge of its functions under the Constitution, this Act or any written law, as may lawfully be done or performed by a body corporate. Section 3(3) The Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") shall ensure access to its services in all parts of the Republic accordance with Article 6(3) of the Constitution.

Section 4. Composition and appointment of theCommission Section The Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") shall consist of a chairperson ("the chairperson of the Commission appointed in accordance with Article 250(2) of the Constitution and the procedure set out in section (6);") and four other members appointed in accordance with the provisions of the Constitution and this Act. [Act No. 12 of 2015 , s. 2.]

Section 5. Qualifications for appointment aschairpersonor member Section 5(1) The chairperson of the Commission shall be a person who is qualified to hold the office of a judge of the High Court under the Constitution— Section 5(2)(a) meets the requirements of Chapter Six of the Constitution. Section 5(2)(b) holds a degree from a University recognized in Kenya; Section 5(2)(c) ethics and governance; Section 5(2)(c)(i) ethics and governance; Section 5(2)(c)(ii) law; Section 5(2)(c)(iii) public administration; Section 5(2)(c)(iv) leadership; Section 5(2)(c)(v) economics; Section 5(2)(c)(vi) social studies; Section 5(2)(c)(vii) audit; Section 5(2)(c)(viii) accounting; Section 5(2)(c)(ix) fraud investigation; Section 5(2)(c)(x) public relations and media; or Section 5(2)(c)(xi) religious studies or philosophy; and Section 5(2)(d) has had a distinguished career in their respective field. Section 5(3)(a) is a member of a governing body of a political party; Section 5(3)(b) is an undischarged bankrupt; Section 5(3)(c) has been convicted of a felony; or Section 5(3)(d) has been removed from public office for contravening the provisions of the Constitution or any other law. Section 5(4) Sub...

Section 6.[Deleted by ActNo. 25 of 2015, Sch.]

Section 7. Term of office Section 7(1) The chairperson ("the chairperson of the Commission appointed in accordance with Article 250(2) of the Constitution and the procedure set out in section (6);") and members of the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") shall be appointed for a single term of six years and are not eligible for re-appointment. Section 7(2) The chairperson ("the chairperson of the Commission appointed in accordance with Article 250(2) of the Constitution and the procedure set out in section (6);") and members of the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") shall serve on a part-time basis. [Act No. 12 of 2015 , s. 3.]

Section 8. Oath of Office Section Before assuming office, the chairperson ("the chairperson of the Commission appointed in accordance with Article 250(2) of the Constitution and the procedure set out in section (6);") and members of the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") shall make and subscribe to the oath of office set out in the First Schedule.

Section 9. Vacancy Section dies;

Section 10. Filling of Vacancy Section 10(1)(a) invite applications from persons who qualify for nomination and appointment by advertisement in at least two daily newspapers of national circulation; Section 10(1)(b) consider the applications received to determine their compliance with the provisions of the Constitution and this Act; Section 10(1)(c) short list the applicants; Section 10(1)(d) conduct interviews of the shortlisted persons in public; Section 10(1)(e) shortlist three qualified applicants for each vacancy; and Section 10(1)(f) forward the names of the qualified persons to the President. Section 10(2) The President shall, within fourteen days of receipt of the names of successful applicants forwarded under subsection(1)(f), select the person to fill the vacancy in the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") and forward the name of the person to the National Assembly for approval. Section 10(3) The National Assembly shall, within twenty-one days of the day it next sits after receipt of the name of an applicant under subsection (2) , vet and consider the applicant, and may approve or reject applicants for any or all vacancies...

Section 11. Additional functions of theCommission Section 11(1)(a) develop and promote standards and best practices in integrity and anti-corruption; Section 11(1)(a)(i) develop and promote standards and best practices in integrity and anti-corruption; Section 11(1)(a)(ii) develop a code of ethics; Section 11(1)(b) work with other State and public offices in the development and promotion of standards and best practices in integrity and anti-corruption; Section 11(1)(c) receive complaints on the breach of the code of ethics by public officers; Section 11(1)(d) investigate and recommend to the Director of Public Prosecutions the prosecution of any acts of corruption, bribery or economic crimes or violation of codes of ethics or other matter prescribed under this Act or any other law enacted pursuant to Chapter Six of the Constitution; Section 11(1)(e) recommend appropriate action to be taken against State officers or public officers alleged to have engaged in unethical conduct; Section 11(1)(f) oversee the enforcement of codes of ethics prescribed for public officers; Section 11(1)(g) advise, on its own initiative, any person on any matter within its functions; Section 11(1)(h) raise...

Section 12. General principles Section accommodate the diversity of Kenyan people;

Section 13. Powers of theCommission Section 13(1) The Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") shall have all powers generally necessary for the execution of its functions under the Constitution, this Act, and any other written law. Section 13(2)(a) educate and create awareness on any matter within the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") 's mandate; Section 13(2)(b) undertake preventive measures against unethical and corrupt practices; Section 13(2)(c) conduct investigations on its own initiative or on a complaint made by any person, and Section 13(2)(d) conduct mediation, conciliation and negotiation. Section 13(2)(e) hire such experts as may be necessary for the performance of any of its functions.

Section 14. Committees of theCommission Section 14(1) The Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") may establish committees for effective discharge of its functions. Section 14(2) The Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") may co-opt into the membership of committees established under subsection (1) other persons whose knowledge and skills are found necessary for the functions of the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") . Section 14(3) Any person co-opted into the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") under subsection (2) may attend the meetings of the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") and participate in its deliberation, but shall have no power to vote.

Section 15. Procedure for theCommission Section 15(1) The business and affairs of the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") shall be conducted in accordance with the Second Schedule. Section 15(2) Except as provided in the Second Schedule, the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") may regulate its own procedure.

Section 16. Secretary to theCommission Section 16(1) The Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") shall, through an open, transparent and competitive recruitment process, and with the approval of the National Assembly, appoint a suitably qualified person to be the Secretary to the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") . Section 16(2)(a) is a citizen of Kenya; Section 16(2)(b) possesses a postgraduate degree from a university recognised in Kenya; Section 16(2)(c) has had at least ten years proven experience at management level; Section 16(2)(d) ethics and governance; Section 16(2)(d)(i) ethics and governance; Section 16(2)(d)(ii) law; Section 16(2)(d)(iii) public administration; Section 16(2)(d)(iv) leadership; Section 16(2)(d)(v) economics; Section 16(2)(d)(vi) social studies: Section 16(2)(d)(vii) audit; Section 16(2)(d)(viii) accounting; Section 16(2)(d)(ix) fraud investigation; Section 16(2)(d)(x) public relations and media; or Section 16(2)(d)(xi) religious studies or philosophy; Section 16(2)(e) meets the requirements of Chapter Six of the Constitution. Section 16(3) The Secretary sh...

Section 17. Removal from office of the Secretary Section 17(1)(a) inability to perform functions of the office arising out of physical or mental incapacity; Section 17(1)(b) gross misconduct or misbehaviour; or Section 17(1)(c) incompetence; or Section 17(1)(d) violation of the Constitution. Section 17(2) Where the question of the removal of the Secretary under subsection (1) arises, the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") shall inform the Secretary in writing of the reasons for the intended removal and shall give the Secretary the opportunity to respond thereto in writing.

Section 18. Staff of theCommission Section 18(1) There shall be a secretariat of the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") . Section 18(2)(a) such professional, technical and administrative officers and support staff, as may be appointed by the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") in the discharge of its functions under this Act; and Section 18(2)(b) such public officers as may be seconded by the Public Service Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") to the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") upon its request. Section 18(3) For purposes of this Act, a public officer who is seconded to the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") under subsection (2) (b) , shall be deemed to be an employee of the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") and shall enjoy the same benefits and shall be required to comply with the Constitution, this Act and any other written law relating to matters of ethics, leadership...

Section 19. Seal of theCommission Section 19(1) The seal of the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") shall be such device as may be determined by the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") and shall be kept by the Secretary. Section 19(2) The affixing of the seal shall be authenticated by the chairperson ("the chairperson of the Commission appointed in accordance with Article 250(2) of the Constitution and the procedure set out in section (6);") or any other person authorized in that behalf by a resolution of the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") . Section 19(3) Any document purporting to be under the seal of the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") or issued on behalf of the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") shall be received in evidence and shall be deemed to be so executed or issued, as the case may be, without further proof, unless the contrary is proved.

Section 20. Protection from personal liability Section Nothing done by a member of the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") or by any person working under the instructions of the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") shall, if done in good faith for the purpose of executing the powers, functions or duties of the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") under the Constitution or this Act, render such member or officer personally liable for any action, claim or demand.

Section 21. Code of conduct Section Members and the employees of the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") shall subscribe to the code of conduct set out in the Third Schedule.

Section 22. Funds of theCommission Section 22(1)(a) monies allocated by Parliament for purposes of the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") ; Section 22(1)(b) any grants, gifts, donations or other endowments given to the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") ; Section 22(1)(c) such funds as may vest in or accrue to the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") in the performance of its functions under this Act or under any other written law. Section 22(2) Any funds donated or lent to, or gift made to the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") shall be disclosed to the National Assembly and made public before use.

Section 23. Remuneration and allowances Section A member of the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") shall be paid such remuneration or allowances as the Salaries and Remuneration Commission ("the Salaries and Remuneration Commission established under Article 230 of the Constitution;") shall determine.

Section 24. Annual estimates Section 24(1) At least three months before the commencement of each financial year, the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") shall cause to be prepared estimates of the revenue and expenditure of the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") for that year. Section 24(2)(a) payment of remuneration in respect of the members and staff of the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") ; Section 24(2)(b) payment of pensions, gratuities and other charges in respect of benefits which are payable out of the funds of the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") ; Section 24(2)(c) maintenance of the buildings and grounds of the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") ; Section 24(2)(d) funding of training, research and development of activities of the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") ; and Section 24(2)(e) creation of such funds to meet future or contingent liabilities in respect of...

Section 25. Financial year of theCommission Section the period begin on the day on which this Act comes into operation and ending on the following thirtieth June;

Section 26. Accounts and audit Section 26(1) The Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") shall cause to be kept all proper books and records of account of the income, expenditure, assets and liabilities of the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") . Section 26(2) The annual accounts of the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") shall be prepared, audited and reported upon in accordance with the Public Audit Act ( Cap. 412B ).

Section 27. Reports Section 27(1) The Commission shall, at the end of each financial year cause an annual report to be prepared. Section 27(2) The Commission shall submit the annual report to the President and the National Assembly six months after the end of the year to which it relates. Section 27(3)(a) the financial statements of the Commission; Section 27(3)(b) a description of the activities of the Commission; Section 27(3)(c) such other statistical information as the Commission may consider appropriate relating to the Commission's functions; Section 27(3)(d) any recommendations made by the Commission to State departments or any person and the action taken; Section 27(3)(e) the impact of the exercise of any of its mandate or function; Section 27(3)(f) any impediments to the achievements of the objects and functions under the Constitution, this Act or any written law; and Section 27(3)(g) the state of compliance with the provisions of section 18(4)(b) ; Section 27(3)(h) any other information relating to its functions that the Commission considers necessary. Section 27(4) The Commission shall cause the annual report to be published and the report shall be publicized in such mann...

Section 28. Independence of theCommission Section Except as provided in the Constitution and this Act, the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") shall, in the performance of its functions, not be subject to the direction or control of any person or authority.

Section 29. Management of information Section 29(1) The Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") shall publish and publicise important information within its mandate affecting the nation. Section 29(2)(a) shall be addressed to the Secretary or such other person as the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") may for that purpose designate; Section 29(2)(b) may be subject to the payment of a reasonable fee; and Section 29(2)(c) may be subject to confidentiality requirements of the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") . Section 29(3)(a) the request is unreasonable in the circumstances; Section 29(3)(b) the information requested is at a deliberative stage by the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") ; Section 29(3)(c) failure of payment of a prescribed fee; or Section 29(3)(d) failure of the applicant to satisfy confidentiality requirements by the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") Section 29(4) The right of access to information under Article 35...

Section 30. Publicity Section the location of its principal office; and

Section 31. Legal advice Section The Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") may request legal advice from the Attorney-General.

Section 32. Regulations Section the appointment, including the power to confirm appointments of persons, to any office in respect of which it is responsible under this Act;

Section 33. Savings Section any orders or notices made or issued by the Kenya Anti-Corruption Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") shall be deemed to have been made or issued under this Act;

Section 34. Transfer of staff of the Kenya Anti-CorruptionCommission Section 34(1) Subject to subsection (4) , a person who immediately before the commencement of this Act was serving on contract as a member of staff of the Kenya Anti-Corruption Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") , other than the Director and Deputy Directors, shall, at the commencement of this Act, be deemed to be an employee of the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") for the unexpired period, if any, of the term. Section 34(2) Every person who immediately before the commencement of this Act was an employee of the Government attached to the Kenya Anti-Corruption Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") shall, upon the commencement of this Act, be deemed to be an employee of the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") for the unexpired period, if any, of the term of the contract. Section 34(3)(a) require such a person to make an application for employment or appointment to the Commission ("the Ethics and Anti-Corruption Co...

Section 35. Transfer of assets, etc. Section 35(1) All property, assets, rights, liabilities, obligations, agreements and other arrangements existing at the commencement of this Act and vested in, acquired, incurred or entered into by or on behalf of the Kenya Anti-Corruption Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") , shall upon the commencement of this Act, be deemed to have vested in or to have been acquired, incurred or entered into by or on behalf of the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") to the same extent as they were enforceable by or against the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") before the commencement of the Act. Section 35(2)(a) make such entries in the appropriate register as shall give effect to the transfer; Section 35(2)(b) where appropriate, issue to the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") a certificate of title or other statutory evidence of ownership of the property or make such amendments on such certificates or in the appropriate register as may be necessary; and S...

Section 36. Amendment of section 2 ofCap. 65 Section The Anti-Corruption and Economic Crimes Act ( Cap. 65 ) is amended in section 2 , by deleting the definition of "Commission" and substituting therefor the following new definition— " Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") " means the Independent Ethics and Anti-Corruption Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") established under section 3 of the Ethics and Anti-Corruption Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") Act (Cap. 7H) pursuant to Article 79 of the Constitution; [Act No. 12 of 2012 , Sch.]

Section 37. Repeal of Part III ofCap. 65 Section The Anti-Corruption and Economic Crimes Act ( Cap. 65 ) is amended by repealing Part III, save for Part IIIB for ninety days or until the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") comes into place, whichever comes earlier.