The Code of Conduct and Ethics for Public Universities

This Code may be cited as the Code of Conduct and Ethics for Public Universities.

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Jurisdiction: Kenya
Instrument: Notice
Citation: Legal Notice 170 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 Code of Conduct and Ethics for Public Universities. Defines terms: “chief executive”, "Commission", "officer", "public university"/"university", and “student”. The Code applies to officers and employees of a public university, including council members, except those who are public service members under the Public Service Commission. Section requires ensuring that he does not subordinate his official duties to his private interests or place himself in a conflict of interest. Officers must manage their private affairs and finances prudently, avoid neglecting financial obligations, and refrain from activities that undermine their role or bring the university into disrepute.

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Provisions of The Code of Conduct and Ethics for Public Universities

Showing 14 of 14

Part I

PRELIMINARY

1
PRELIMINARY - 1. Citation

AI-assisted research summary: This Code may be cited as the Code of Conduct and Ethics for Public Universities.

Section 1. Citation Section This Code may be cited as the Code of Conduct and Ethics for Public Universities.
2
PRELIMINARY - 2. Interpretation

AI-assisted research summary: Defines terms: “chief executive”, "Commission", "officer", "public university"/"university", and “student”.

Section 2. Interpretation Section In this Code, unless the context otherwise requires— “chief executive” means the Vice-Chancellor or equivalent officer of a university; "Commission” means the Commission for University Education; "officer” means a person to whom this Code applies, as provided by paragraph 3; "public university” or “university” means a public university within the meaning of the Universities Act (Cap. 210); “student” means a person enrolled as a learner in a university education institution.
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PRELIMINARY - 3. Application of Code

AI-assisted research summary: The Code applies to officers and employees of a public university, including council members, except those who are public service members under the Public Service Commission.

Section 3. Application of Code Section This Code applies to officers and employees of a public university, including the members of a council of a public university, other than members who are members of the public service for whom the Public Service Commission is the responsible commission under the Act.

Part II

REQUIREMENTS

10
REQUIREMENTS - 10. Private interests

AI-assisted research summary: Section requires ensuring that he does not subordinate his official duties to his private interests or place himself in a conflict of interest.

Section 10. Private interests Section 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 official duties and his private interests;
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REQUIREMENTS - 11. Conduct of private affairs

AI-assisted research summary: Officers must manage their private affairs and finances prudently, avoid neglecting financial obligations, and refrain from activities that undermine their role or bring the university into disrepute.

Section 11. Conduct of private affairs Section 11(1) An officer shall conduct his private affairs in a way that maintains and enhances public confidence in the integrity of the university. Section 11(2) An officer shall not neglect his financial and other obligations to his family and other persons or organisations. Section 11(3) An officer shall prudently manage his finances to avoid financial embarrassment to himself and his employer. Section 11(4) An officer shall be a role model to his students, colleagues and other people around him and shall therefore refrain from engaging in activities that undermine this role or bring the university into disrepute.
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REQUIREMENTS - 12. Contesting political office

AI-assisted research summary: An officer who wants to run for political office must resign their university office.

Section 12. Contesting political office Section An officer who wishes to contest a seat in the National Assembly or a Local Authority or any other political office shall be required to resign his office in the university.
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REQUIREMENTS - 13. Duty of disclosure

AI-assisted research summary: Lists circumstances involving an officer (serious criminal charges, bankruptcy, sexual harassment, neglect of duty, absenteeism, fraud, exam irregularities, or breaches of the Code/terms of service) that relate to a duty of disclosure; and specifies that reports are not required for minor offences under Traffic Laws, Local Government By-laws, or similar.

Section 13. Duty of disclosure Section 13(1)(a) where an officer is charged with a serious offence under the Penal Code (Cap. 63) or any other law where a prison sentence may be imposed other than in default of payment of a fine; Section 13(1)(b) where an officer is declared bankrupt by a court of law; Section 13(1)(c) where there has been sexual harassment of an officer by another officer, or of a student by an officer; Section 13(1)(d) where there has been neglect of duty; Section 13(1)(e) where there has been absenteeism at the place of work; Section 13(1)(f) where there has been an act of fraud or collusion to defraud; Section 13(1)(g) where examination irregularities have occurred; or Section 13(1)(h) where there has been any other breach of the Code or the terms and conditions of service by an officer. Section 13(2) For the purposes of subparagraph (1)(a), reports shall not be required in respect of proceedings for minor offences under the Traffic Laws, the Local Government By-laws, or the like.
14
REQUIREMENTS - 14. Action for breach of Code

AI-assisted research summary: The Commission must work closely with university governing councils or other bodies to enforce the Code.

Section 14. Action for breach of Code Section 14(1) When an officer has committed a breach of this Code, appropriate action will be taken in accordance with the provisions of the Act and other laws, and the terms and conditions of service of the officer. Section 14(2) The Commission shall work closely with the governing council of the respective universities, or such other bodies as the Commission may from time to time identify, to enforce this Code.
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REQUIREMENTS - 4. Compliance with General Code

AI-assisted research summary: An officer must comply with all requirements of the General Code of Conduct and Ethics set out in Part III of the Act.

Section 4. Compliance with General Code Section 4(1) An officer 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.
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REQUIREMENTS - 5. Integrity and impartiality

AI-assisted research summary: Officers must act with integrity and impartiality: promote human rights and dignity, avoid discrimination, use merit and sound judgment when providing services or opportunities, uphold the university's dignity in official and private conduct, participate in this Code, and comply with the rule of law.

Section 5. Integrity and impartiality Section 5(1) An officer shall conduct himself in a manner that promotes the universally recognised rights and freedoms of persons in order to protect the dignity of a person that a public university seeks to serve. Section 5(2) An officer shall at all times uphold the dignity of the university by conducting his official duties and his private affairs with integrity and in a dignified, honest and impeccable manner. Section 5(3) An officer shall respect, protect and promote the human rights and freedoms of everybody in the university without discrimination on the basis of race, ethnicity, sex, political opinion, disability, religion or culture. Section 5(4) An officer shall at all times be guided by merit and sound judgement in giving any services or granting opportunities to persons who seek such services or opportunities from the universities. Section 5(5) An officer shall participate in enhancing, maintaining and enjoying the provisions of this Code. Section 5(6) An officer shall respect, promote and comply with the rule of law.
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REQUIREMENTS - 6. Teaching and conduct of examinations

AI-assisted research summary: University officers who are academic staff must organise and deliver instruction and examinations, exercise diligence in duties, promote research and keep examination papers secret; graders must apply the rule of merit.

Section 6. Teaching and conduct of examinations Section 6(1) An officer who is a member of the academic staff of the university shall organise his instruction, assessment and examination in a manner that complies with all institutional requirements and expectations. Section 6(2) An officer who is a member of the academic staff of a university shall ensure that the examinations are delivered to the students as scheduled and that the results thereof is processed without undue delay. Section 6(3) An officer shall exercise diligence, care and attention in the performance of his duties, and shall seek to achieve high standards in teaching or administrative duties. Section 6(4) An officer shall promote the culture of research among university students, shall assist in the overall development of the student as a scholar and a decent human being. Section 6(5) An officer who is involved in the conduct of examinations shall ensure that the contents of the examination papers are kept secret and are only released to students when they are sitting for their particular examination. Section 6(6)(a) setting or moderating of the examination; Section 6(6)(b) typing, printing, photocopying, or otherwise producing or reproducing the examination papers; Section 6(6)(c) transporting examination papers; Section 6(6)(d) invigilation at the examinations; Section 6(6)(e) marking or entering of grades attained, or if his duties otherwise give him access to examination papers or their contents. Section 6(7) An officer whose duties involve the grading or assessment of examination performances shall at all times be guided by the rule of merit in grading or assessing the examination candidates.
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REQUIREMENTS - 7. Professionalism and courtesy

AI-assisted research summary: Officers must follow their employment contracts, maintain personal decency and grooming, not be absent without reasonable cause, and actively promote courteous, fast and efficient service.

Section 7. Professionalism and courtesy Section 7(1) An officer shall strictly adhere to the terms of his employment contract. Section 7(2) Breach of his employment contract shall be deemed to be a breach of this Code. Section 7(3) An officer shall comport himself with personal decency and shall be well groomed. Section 7(4) An officer shall not absent himself from duty without a reasonable cause. Section 7(5) An officer shall actively and personally promote a culture in the university that aims at providing fast, friendly, responsive and efficient services and shall be courteous to all persons in the provision of such services.
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REQUIREMENTS - 8. Management of resources

AI-assisted research summary: Officers must not misuse university resources, must ensure resources under their charge are properly used and accounted for, must disclose use of resources for research to the chief executive, and must observe intellectual property and related laws.

Section 8. Management of resources Section 8(1) An officer shall not misuse the resources of a public university. Section 8(2) An officer shall ensure that public university resources under his charge are properly utilised and fully accounted for. Section 8(3) An officer shall not use public university resources to unjustly enrich himself. Section 8(4) An officer who is utilising public university resources to conduct research shall disclose this fact to the chief executive of the university and his activities shall be governed by such agreement as may be made between himself and the university. Section 8(5) An officer shall observe the principles of the law governing intellectual property, copyright and other related matters in order to promote the culture of research and to uphold the integrity and academic freedom that members and students of public universities enjoy. Section 8(6)(a) physical facilities including the buildings, recreational facilities, infrastructure and all moveable and immoveable assets of the university; Section 8(6)(b) university funds, however obtained, including funds received from students as tuition or accommodation fees, any donations, contributions or gifts and any funds otherwise obtained for use for university education; Section 8(6)(c) furniture, equipment, apparatus, stationery and research materials, whether living or dead; and Section 8(6)(d) motor vehicles and transport facilities provided for the purposes of university education.
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REQUIREMENTS - 9. Gifts and donations

AI-assisted research summary: Officers must not solicit property or benefits related to their official duties; they must disclose and account for gifts, and may accept small or customary gifts.

Section 9. Gifts and donations Section 9(1) An officer shall not solicit for any property or benefit of any kind, for himself or for any person, on account of anything to be done or omitted by him in discharge of his duties or by virtue of his official position. Section 9(2) An officer shall ensure that no member of his family solicits or accepts any gift, money, hospitality, free passage or favours from any person or organisation that might reasonably be thought to influence or be intended to influence the officer in discharging his official duties and responsibilities. Section 9(3) A reference in this paragraph to members of the officer’s family is a reference to any spouse, child, grandchild, parent, grandparent or other relative of the officer, and to any other person with whom the officer maintains a close relationship. Section 9(4) Where a gift is given without the officer’s knowledge or where refusal of a gift would be offensive to custom or might amount to bad public relations, the officer shall inform the chief executive of the university who shall decide how the gift is to be disposed of. Section 9(5)(a) accept gifts which are occasional and inexpensive or in the form of a souvenir or gifts whose value does not exceed twenty thousand shillings; and Section 9(5)(b) accept personal gifts or donations from relatives or friends on such special occasions as may be recognised by custom. Section 9(6)(a) in writing disclose to the chief executive of the university the nature of the gift or donation; Section 9(6)(b) in writing inform the chief executive of the university as to how the management intends to utilise the gift or donation; and Section 9(6)(c) receipt the gift or donation and fully account for its use. Section 9(7) This rule shall does not prohibit an officer from participating in social activities and accepting gifts during social occasions if the officer is participating in such activities in his personal or private capacity.

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