The Auditor-General Code of Conduct and Ethics

This Code may be cited as the Auditor-General Code of Conduct and Ethics.

AI-assisted research synopsis — verify against the official legal text below.

Jurisdiction: Kenya
Instrument: Notice
Citation: Legal Notice 134 of 2003
Version: Undated source snapshot
Language: en

Source attribution: Source: Kenya Law

Statute overview

About this statute

This Code may be cited as the Auditor-General Code of Conduct and Ethics. Provides definitions: "Auditor-General", "family" (in relation to the Auditor-General), and "the Act”. The Code applies to the Auditor-General. He must ensure that his private interests do not subordinate his official duties or put him in a position of conflict between his official duties and private interests. The Auditor-General must not ask for or accept any property or benefits, and neither he nor his family may solicit or accept gifts that could influence his duties; gifts given without his knowledge or which cannot be refused must be reported to the Speaker, who will direct disposal, and the Auditor-General must comply.

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Provisions of The Auditor-General Code of Conduct and Ethics

Showing 15 of 15

Part I

PRELIMINARY

1
PRELIMINARY - 1. Citation

AI-assisted research summary: This Code may be cited as the Auditor-General Code of Conduct and Ethics.

Section 1. Citation Section This Code may be cited as the Auditor-General Code of Conduct and Ethics.
2
PRELIMINARY - 2. Interpretation

AI-assisted research summary: Provides definitions: "Auditor-General", "family" (in relation to the Auditor-General), and "the Act”.

Section 2. Interpretation Section In this Code, unless the context otherwise requires— "Auditor-General” means the person holding office as such under section 105 of the Constitution; "family”, in relation to the Auditor-General, includes his spouse, child, grandchild, parent, grandparent or other relative or person with whom he maintains a close family relationship; "the Act” means the Public Officers Ethics Act (Cap. 185B).
3
PRELIMINARY - 3. Application of Code

AI-assisted research summary: The Code applies to the Auditor-General.

Section 3. Application of Code Section This Code applies with respect to the Auditor-General.

Part II

REQUIREMENTS

10
REQUIREMENTS - 10. Private interests

AI-assisted research summary: He must ensure that his private interests do not subordinate his official duties or put him in a position of conflict between his official duties and private interests.

Section 10. Private interests Section he shall ensure that he does not subordinate his official duties to his private interests or put himself in a position where there is conflict between his officials duties and his private interests;
11
REQUIREMENTS - 11. Gifts, etc.

AI-assisted research summary: The Auditor-General must not ask for or accept any property or benefits, and neither he nor his family may solicit or accept gifts that could influence his duties; gifts given without his knowledge or which cannot be refused must be reported to the Speaker, who will direct disposal, and the Auditor-General must comply.

Section 11. Gifts, etc. Section 11(1) The Auditor-General shall neither ask for or accept any property or benefit of any kind for himself or for any person, on account of anything to be done, or omitted to be done by him in the discharge of his duties by virtue of his official position. Section 11(2) The Auditor-General or members of his family shall not solicit or accept any gifts, gratuity, hospitality, free passages or favours from any person or any body corporate or unincorporate that might reasonably be thought to influence, or intended to influence, him in the performance of his duties. Section 11(3) Where a gift or donation of the nature specified in subparagraph (2) is given without the knowledge of the Auditor-General or where it would be offensive to custom or good public relations to refuse the gift, the Auditor- General shall report the matter to the speaker of the National Assembly, who shall direct the appropriate mode of disposal of any such gift or donation, and the Auditor-General shall comply with such direction forthwith. Section 11(4) When presents are exchanged between the Auditor-General acting on behalf of the Government in ceremonial intercourse with other Governments or their representatives, the presents received will be handed over to the Speaker of the National Assembly, who shall direct the appropriate mode of disposal and any reciprocal presents will be given at the expense of the Government.
12
REQUIREMENTS - 12. Professionalism and courtesy

AI-assisted research summary: The Auditor-General must at all times conduct himself, both officially and privately, in a dignified, honest and impeccable manner and comply with specified standards of dress, punctuality, attendance, efficiency, diligence, merit-based promotion and promoting professionalism and courtesy in the Public Service.

Section 12. Professionalism and courtesy Section 12(1) The Auditor-General shall ensure that his official and private conduct upholds, at all times, the dignity and integrity of his office by conducting himself, both officially and in private, in a dignified, honest and impeccable manner. Section 12(2)(a) maintain a standard of dress and personal hygiene befitting the dignity and image of that office; Section 12(2)(b) observe official working hours, be punctual and meet deadlines; Section 12(2)(c) not be absent from duty without proper authorization or reasonable cause; Section 12(2)(d) perform his duties in an efficient and competent manner; Section 12(2)(e) exercise diligence, care and attention and seek to achieve high standards of professionalism in the delivery of services; Section 12(2)(f) practice and promote adherence to meritocratic principles and practices in appointments to the Public Service, for which the guiding criteria shall be qualifications, merit, competence and experience; and Section 12(2)(g) seek to contribute and enhance the standards of performance and level of professionalism in the Public Service. Section 12(3) The Auditor-General shall actively and personally promote a culture in the Public Service that aims at providing fast, friendly, responsive and efficient service, and shall be courteous to all persons in the performance of his duties.
13
REQUIREMENTS - 13. Private agencies

AI-assisted research summary: The Auditor-General is prohibited from undertaking any private agency in matters connected with the exercise of his public duties.

Section 13. Private agencies Section The Auditor-General shall not undertake any private agency in any matter connected with the exercise of his public duties.
14
REQUIREMENTS - 14. Public statements and communication with the press

AI-assisted research summary: Section shall not publish anything which may be reasonably regarded as of a political nature in any manner.

Section 14. Public statements and communication with the press Section shall not publish in any manner anything which may be reasonably regarded as of a political nature whether under his own name, by pseudonym or anonymously;
15
REQUIREMENTS - 15. Breach of Code

AI-assisted research summary: If the Auditor-General breaches the Code, the Powers and Privileges Committee of the National Assembly will take appropriate action.

Section 15. Breach of Code Section Where the Auditor-General has committed a breach of this Code, appropriate action will be taken by the Powers and Privileges Committee of the National Assembly in accordance with the provisions of the Public Officer Ethics Act (Cap. 185B), the Constitution of the Republic and other laws.
4
REQUIREMENTS - 4. Compliance with General Code

AI-assisted research summary: The Auditor General must comply with all requirements of the General Code of Conduct and Ethics in Part III of the Act.

Section 4. Compliance with General Code Section 4(1) The Auditor General shall comply with all the requirements of the General Code of Conduct and Ethics set out in Part III of the Act. Section 4(2) The General Code of Conduct and Ethics set out in Part III of the Act is set out in the Appendix to this Code and shall form part of this Code.
5
REQUIREMENTS - 5. Prohibition against standing for election

AI-assisted research summary: The Auditor General is prohibited from standing for election or holding political office.

Section 5. Prohibition against standing for election Section The Auditor General shall not stand for election as a member of the National Assembly or a local authority or hold a political office.
6
REQUIREMENTS - 6. Independence, integrity and impartiality

AI-assisted research summary: The Auditor-General must be true to his oath, act free from external influence when exercising office powers, is entitled to personal political views, and must not express those views publicly.

Section 6. Independence, integrity and impartiality Section 6(1) The Auditor-General shall be true to his oath of office and shall, in exercising the powers of his office, be seen to be free from external influence. Section 6(2) The Auditor General is entitled to his own views on political matters but shall not be permitted to express those view publicly.
7
REQUIREMENTS - 7. Social and recreational activities

AI-assisted research summary: The Auditor-General may take part in arts, sports and other social or recreational activities provided they do not harm the dignity of the office or interfere with public duties.

Section 7. Social and recreational activities Section The Auditor-General may engage in arts, sports and other social and recreational activities if such activities do not adversely affect the dignity of his office or interfere with the performance of his public duties.
8
REQUIREMENTS - 8. Non-discrimination

AI-assisted research summary: The Auditor-General must treat all Kenyans with equal respect and must not discriminate on listed grounds or hold office in organisations that practise discrimination.

Section 8. Non-discrimination Section The Auditor-General shall treat all Kenyans with equal respect and shall not discriminate against anyone on the basis of clan, tribe, race, colour, religion, sex, age, gender or disability nor hold any office in an organisation where discrimination is practised.
9
REQUIREMENTS - 9. Civil and charitable activities

AI-assisted research summary: The Auditor-General must regulate extra-official activities to avoid conflicts, live within his means, may attend or contribute to harambee but not lead them, and must not use his office to solicit funds.

Section 9. Civil and charitable activities Section 9(1) While the Auditor General should not be isolated from the society of which he is a part, he is expected to remain within dignified limits, and above all, he should regulate his extra-official activities to minimise the risk of conflict with his official duties. Section 9(2) The Auditor-General shall live within his means and avoid incurring any financial liability that he cannot satisfy. Section 9(3) The Auditor-General may contribute towards or attend a harambee but should not play a central role in its organization or preside over the same. Section 9(4) The Auditor-General shall not use his office to solicit for funds for a harambee or any other purpose.

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