Leadership and Integrity Act

Section 1. Short title Section This Act may be cited as the Leadership and Integrity Act.

Section 2. Interpretation Section 2(1) In this Act, unless the context otherwise requires— "asset" means a thing, tangible or intangible, owned, whether wholly or in part, or controlled by a person, which has an actual or determinable economic value and can be sold, exchanged or otherwise used or applied to meet an obligation or acquire something else in return; "authorised officer" means an authorised officer of a public entity having jurisdiction under the Constitution or any other law to discipline the State officer in relation to whom the expression is used; "bank account" means an account maintained by a bank or any other financial institution for and in the name of, or in the name designated by, a customer of the bank or other financial institution and into which money is paid or withdrawn by or for the benefit of that customer or held in trust for that customer and in which the transactions between the customer and the bank or other financial institution are recorded; "business associate" means a person who does business with or on behalf of a State officer and has express or implied authority from that State officer ; "Cabinet Secretary" means the Cabinet Secretary for the...

Section 3. Guiding values, principles and requirements Section 3(1) The primary purpose of this Act is to ensure that State officers respect the values, principles and requirements of the Constitution. Section 3(2)(a) the national values and principles provided for under Article 10 of the Constitution; Section 3(2)(b) the rights and fundamental freedoms provided for under Chapter Four of the Constitution; Section 3(2)(c) the responsibilities of leadership provided for under Article 73 of the Constitution; Section 3(2)(d) the principles governing the conduct of State officers provided for under Article 75 of the Constitution; Section 3(2)(e) the educational, ethical and moral requirements in accordance with Articles 99(1)(b) and 193(1)(b) of the Constitution; Section 3(2)(f) in the case of county governments, the objectives of devolution provided for under Article 174 of the Constitution; and Section 3(2)(g) in so far as is relevant, the values and principles of Public Service as provided for under Article 232 of the Constitution. Section 3(3) Nothing in this Act shall be construed as in any way diminishing or derogating from the values and principles under subsection (2) .

Section 4. Implementation of the Act Section 4(1) Every person has the responsibility of implementing the provisions of this Act to the extent required by this Act. Section 4(2) The Commission ("the Ethics and Anti-Corruption Commission established under();") is responsible for overseeing and enforcing the implementation of this Act. Section 4(3) In undertaking its mandate, the Commission ("the Ethics and Anti-Corruption Commission established under();") may request a State organ to assist it in ensuring compliance with and enforcing Chapter Six of the Constitution and this Act. Section 4(4) The Commission ("the Ethics and Anti-Corruption Commission established under();") may require any public entity to carry out such functions and exercise such powers as may be necessary under this Act. Section 4(5) Where a public entity has failed to comply with the requirements under subsection (3) , the Commission ("the Ethics and Anti-Corruption Commission established under();") may make an application before a High Court judge for appropriate orders requiring the public entity to comply.

Section 5. Delegation of functions by theCommission Section The Commission ("the Ethics and Anti-Corruption Commission established under();") may, by notice in the Gazette , delegate to a public entity or an authorised officer ("an authorised officer of a public entity having jurisdiction under the Constitution or any other law to discipline the State officer in relation to whom the expression is used;") any of its powers and functions under this Act.

Section 6. GeneralCode Section 6(1) This Part prescribes a general Leadership and Integrity Code ("the General Leadership and Integrity Code prescribed under Part II and includes a specific Code of Leadership and Integrity prescribed under Part III of this Act;") for State officers. Section 6(2) The provisions of Chapter Six of the Constitution shall form part of this Code ("the General Leadership and Integrity Code prescribed under Part II and includes a specific Code of Leadership and Integrity prescribed under Part III of this Act;") . Section 6(3) Deleted by ActNo. 11 of 2025, 3rd Sch. Section 6(4) Deleted by ActNo. 11 of 2025, 3rd Sch.

Section 7. Rule of law Section 7(1) A State officer shall respect and abide by the Constitution and the law. Section 7(2) A State officer shall carry out the duties of the office in accordance with the law. Section 7(3) In carrying out the duties of the office, a State officer shall not violate the rights and fundamental freedoms of any person unless otherwise expressly provided for in the law and in accordance with Article 24 of the Constitution.

Section 8. Public trust Section A State office is a position of public trust and the authority and responsibility vested in a State officer shall be exercised by the State officer in the best interest of the people of Kenya.

Section 9. Responsibility and duties Section Subject to the Constitution and any other law, a State officer shall take personal responsibility for the reasonably foreseeable consequences of any actions or omissions arising from the discharge of the duties of the office.

Section 10. Performance of duties Section carry out the duties of the office efficiently and honestly;

Section 11. Professionalism Section carry out duties of the office in a manner that maintains public confidence in the integrity of the office;

Section 12. Financial integrity Section 12(1) A State officer shall not use the office to unlawfully or wrongfully enrich himself or herself or any other person. Section 12(2) Subject to Article 76(2)(b) of the Constitution, a State officer shall not accept a personal loan or benefit which may compromise the State officer in carrying out his or her duties.

Section 13. Moral and ethical requirements Section 13(1)(a) demonstrate honesty in the conduct of public affairs; Section 13(1)(b) not to engage in activities that amount to abuse of office; Section 13(1)(c) accurately and honestly represent information to the public; Section 13(1)(d) not engage in wrongful conduct in furtherance of personal benefit; Section 13(1)(e) not misuse public resources; Section 13(1)(f) not discriminate against any person, except as expressly provided for under the law; Section 13(1)(g) not falsify any records; Section 13(1)(h) not engage in actions which would lead to the State officer ’s removal from the membership of a professional body in accordance with the law; and Section 13(1)(i) not commit offences and in particular, any of the offences under Parts XV and XVI of the Penal Code ("the General Leadership and Integrity Code prescribed under Part II and includes a specific Code of Leadership and Integrity prescribed under Part III of this Act;") ( Cap. 63 ), the Sexual Offences Act ( Cap. 63A ), the Counter-Trafficking in Persons Act ( Cap. 61 ) and the Children Act ( Cap. 141 ). Section 13(2) A person who wishes to be elected to a State office shall,...

Section 14.[Deleted by ActNo. 11 of 2025, 3rd Sch.]

Section 15. Wrongful or unlawful acquisition of property Section A State officer shall not use the office to wrongfully or unlawfully influence the acquisition of property.

Section 16.[Deleted by ActNo. 11 of 2025, 3rd Sch.]

Section 17.[Deleted by ActNo. 11 of 2025, 3rd Sch.]

Section 18.[Deleted by ActNo. 11 of 2025, 3rd Sch.]

Section 19. Bank accounts outside Kenya Section 19(1) Subject to Article 76(2) of the Constitution or any other written law, a State officer shall not open or continue to operate a bank account ("an account maintained by a bank or any other financial institution for and in the name of, or in the name designated by, a customer of the bank or other financial institution and into which money is paid or withdrawn by or for the benefit of that customer or held in trust for that customer and in which the transactions between the customer and the bank or other financial institution are recorded;") outside Kenya without the approval of the Commission ("the Ethics and Anti-Corruption Commission established under();") . Section 19(2) A State officer who has reasonable grounds for opening or operating a bank account ("an account maintained by a bank or any other financial institution for and in the name of, or in the name designated by, a customer of the bank or other financial institution and into which money is paid or withdrawn by or for the benefit of that customer or held in trust for that customer and in which the transactions between the customer and the bank or other financial institu...

Section 20. Acting for foreigners Section 20(1) A State officer shall not be an agent of, or further the interests of a foreign government, organisation or individual in a manner that may be detrimental to the security interests of Kenya, except when acting in the course of official duty. Section 20(2)(a) an individual is a foreign individual if the individual is not a citizen of Kenya; and Section 20(2)(b) an organisation is a foreign organization if it is established outside Kenya or is owned or controlled by a foreign government, organisation or individual.

Section 21. Care of property Section 21(1) A State officer shall take all reasonable steps to ensure that public property in the officer’s custody, possession or control is taken care of and is in good repair and condition. Section 21(2) A State officer shall not use public property, funds or services that are acquired in the course of or as a result of the official duties, for activities that are not related to the official work of the State officer . Section 21(3) A State officer shall return to the issuing authority all the public property in their custody, possession or control at the end of the appointment, or election term. Section 21(4) A State officer who contravenes subsection (2) or (3) shall, in addition to any other penalties provided for under the Constitution, this Act or any other law be personally liable for any loss or damage to the public property.

Section 22. Misuse of official information Section 22(1) A State officer shall not directly or indirectly use or allow any person under the officer’s authority to use any information obtained through or in connection with the office, which is not available in the public domain, for the furthering of any private interest, whether financial or otherwise. Section 22(2)(a) furthering the interests of this Act; or Section 22(2)(b) educational, research, literary, scientific or other purposes not prohibited by law.

Section 23.[Deleted by ActNo. 11 of 2025, 3rd Sch.]

Section 24. Impartiality Section A State officer shall, at all times, carry out the duties of the office with impartiality and objectivity in accordance with Articles 10, 27, 73(2)(b) and 232 of the Constitution and shall not practise favouritism, nepotism, tribalism, cronyism, religious bias or engage in corrupt or unethical practices.

Section 25. Giving advice Section A State officer who has a duty to give advice shall give honest, accurate and impartial advice without fear or favour.

Section 26.[Deleted by ActNo. 11 of 2025, 3rd Sch.]

Section 27.[Deleted by ActNo. 11 of 2025, 3rd Sch.]

Section 28.[Deleted by ActNo. 11 of 2025, 3rd Sch.]

Section 29. Misleading the public Section A State officer shall not knowingly give false or misleading information to any person.

Section 30. Falsification of records Section A State officer shall not falsify any records or misrepresent information to the public.

Section 31. Citizenship Section 31(1) Subject to Article 78(3) of the Constitution, a State officer who acquires dual citizenship shall lose his or her position as a State officer . Section 31(2) A person who holds dual citizenship shall, upon election or appointment to a State office, not take office before officially renouncing their other citizenship in accordance with the provisions of the Kenya Citizenship and Immigration Act ( Cap. 170 ).

Section 32. Conduct of private affairs Section A State officer shall conduct private affairs in a manner that maintains public confidence in the integrity of the office.

Section 33. Tax, financial and legal obligations Section 33(1) A State officer shall pay any taxes due from him or her within the prescribed period. Section 33(2) A State officer shall not neglect their financial or legal obligations.

Section 34. Bullying Section 34(1) A State officer shall not bully any person. Section 34(2) For purposes of subsection (1) , "bullying" includes repeated offensive behaviour which is vindictive, cruel, malicious or humiliating and is intended to undermine a person.

Section 35. Acting through others Section 35(1)(a) causes anything to be done through another person that would constitute a contravention of the Code ("the General Leadership and Integrity Code prescribed under Part II and includes a specific Code of Leadership and Integrity prescribed under Part III of this Act;") if done by the State officer ; or Section 35(1)(b) allows or directs a person under their supervision or control to do anything that is in contravention of the Code ("the General Leadership and Integrity Code prescribed under Part II and includes a specific Code of Leadership and Integrity prescribed under Part III of this Act;") . Section 35(2) Subsection (1)(b) shall not apply where anything is done without the State officer ’s knowledge or consent or if the State officer has taken reasonable steps to prevent it. Section 35(3) A State officer who acts under an unlawful direction shall be responsible for his or her action.

Section 36. Reporting improper orders Section 36(1) If a State officer considers that anything required of them is in contravention of the Code ("the General Leadership and Integrity Code prescribed under Part II and includes a specific Code of Leadership and Integrity prescribed under Part III of this Act;") or is otherwise improper or unethical, the State officer shall report the matter to the Commission ("the Ethics and Anti-Corruption Commission established under();") . Section 36(2) The Commission ("the Ethics and Anti-Corruption Commission established under();") shall investigate the report and take appropriate action within ninety days of receiving the report.

Section 12A. Self-declaration Section Any person intending to be appointed to a State office shall submit to the Commission ("the Ethics and Anti-Corruption Commission established under();") a self-declaration form in the form set out in the First Schedule. [Act No. 18 of 2014 , Sch.]

Section 37. Establishment of specific Codes Section 37(1) Each public entity shall prescribe a specific Leadership and Integrity Code ("the General Leadership and Integrity Code prescribed under Part II and includes a specific Code of Leadership and Integrity prescribed under Part III of this Act;") for the State officers in that public entity . Section 37(2) The specific Leadership and Integrity Code ("the General Leadership and Integrity Code prescribed under Part II and includes a specific Code of Leadership and Integrity prescribed under Part III of this Act;") prescribed by a public entity shall include all the requirements in the general Leadership and Integrity Code ("the General Leadership and Integrity Code prescribed under Part II and includes a specific Code of Leadership and Integrity prescribed under Part III of this Act;") under Part II of this Act and may provide for the manner in which any requirements of the specific or general Code ("the General Leadership and Integrity Code prescribed under Part II and includes a specific Code of Leadership and Integrity prescribed under Part III of this Act;") may be satisfied.

Section 38. Application of the generalCode Section Until a public entity has prescribed a specific Leadership and Integrity Code ("the General Leadership and Integrity Code prescribed under Part II and includes a specific Code of Leadership and Integrity prescribed under Part III of this Act;") under section 37 , the general Code under Part II of this Act shall apply as though it were the specific Leadership and Integrity Code prescribed by the public entity.

Section 39. Approval and publication of specific codes Section 39(1) A public entity shall submit the specific Leadership and Integrity Code ("the General Leadership and Integrity Code prescribed under Part II and includes a specific Code of Leadership and Integrity prescribed under Part III of this Act;") prescribed under section 37 to the Commission for approval. Section 39(2) In considering the specific Leadership and Integrity Code ("the General Leadership and Integrity Code prescribed under Part II and includes a specific Code of Leadership and Integrity prescribed under Part III of this Act;") submitted under subsection (1) , the Commission ("the Ethics and Anti-Corruption Commission established under();") shall ensure that it is consistent with the General Code ("the General Leadership and Integrity Code prescribed under Part II and includes a specific Code of Leadership and Integrity prescribed under Part III of this Act;") prescribed under Part II of this Act, any other law and the Constitution. Section 39(3) The Commission ("the Ethics and Anti-Corruption Commission established under();") shall, within thirty days of receipt of a specific Leadership and Integrity Code ("t...

Section 40. State officer to sign Specific Leadership and Integrity Code Section 40(1) Upon appointment or election, a State officer shall sign and commit to the specific Leadership and Integrity Code issued by the relevant public entity at the time of taking the oath of office or within seven days of assuming a State office. Section 40(2) The High Court may upon application by any person, declare the assumption of office by a state officer to be invalid for want of executing a commitment to the specific leadership and integrity code. [Act No. 19 of 2023 , Sch.]

Section 41. Breach of theCode Section 41(1) Subject to subsection (2) , a breach of the Code ("the General Leadership and Integrity Code prescribed under Part II and includes a specific Code of Leadership and Integrity prescribed under Part III of this Act;") amounts to misconduct for which the State officer may be subjected to disciplinary proceedings. Section 41(2) Where an allegation of breach of the Code ("the General Leadership and Integrity Code prescribed under Part II and includes a specific Code of Leadership and Integrity prescribed under Part III of this Act;") has been made against a State officer in respect of whom the Constitution or any other law provides the procedure for removal or dismissal, the question of removal or dismissal shall be determined in accordance with the Constitution or that other law.

Section 42. Lodging of complaints and investigations Section 42(1) A person who alleges that a State officer has committed a breach of the Code ("the General Leadership and Integrity Code prescribed under Part II and includes a specific Code of Leadership and Integrity prescribed under Part III of this Act;") , may lodge a complaint with the relevant public entity and the public entity shall register and inquire into the complaint. Section 42(2) A public entity may authorize any of its officers to inquire into a complaint on its behalf and determine whether a State officer has contravened the Code ("the General Leadership and Integrity Code prescribed under Part II and includes a specific Code of Leadership and Integrity prescribed under Part III of this Act;") . Section 42(3) An investigation may be made at the instance of a public entity . Section 42(4) A State officer being investigated under this section shall be informed by the investigating authority, of the complaint made against that State officer and shall be given a reasonable opportunity to make a representation relating to the issue, before the investigation is concluded. Section 42(5) A person who has lodged a complain...

Section 43. Referral for possible civil or criminal proceedings Section 43(1)(a) the Commission ("the Ethics and Anti-Corruption Commission established under();") or the Attorney-General, with respect to civil matters; Section 43(1)(b) the Director of Public Prosecutions, with respect to criminal matters; or Section 43(1)(c) any other appropriate authority. Section 43(2) Referral of a matter under subsection (1) shall not preclude the person, the State organ or public entity referring the matter from undertaking further investigations or action into the matter. Section 43(3) If a matter is referred to the Commission ("the Ethics and Anti-Corruption Commission established under();") under subsection (1)(a) and in the opinion of the Commission ("the Ethics and Anti-Corruption Commission established under();") , criminal proceedings ought to be preferred against the respective State officer , the matter shall be referred to the Director of Public Prosecutions. Section 43(4) In addition to the prosecution of a State officer , the Commission ("the Ethics and Anti-Corruption Commission established under();") may take any other action that it considers necessary. Section 43(5) The prosecu...

Section 44. Advisory opinion Section 44(1) A State officer or public entity may request the Commission ("the Ethics and Anti-Corruption Commission established under();") to give an advisory opinion on any issue relating to the application of Chapter Six of the Constitution. Section 44(2) The Commission ("the Ethics and Anti-Corruption Commission established under();") shall establish appropriate mechanisms and procedures for the provision of advisory opinions under subsection (1) in a confidential and timely manner.

Section 45. Reports of theCommission Section 45(1) The Commission ("the Ethics and Anti-Corruption Commission established under();") shall submit an annual report, containing all the information relevant to the enforcement of and compliance with the provisions of this Act, to the President and Parliament. Section 45(2) The Commission ("the Ethics and Anti-Corruption Commission established under();") shall publish the report made under subsection (1) in the Gazette and facilitate reasonable access of the report by the public.

Section 46. Obstructing or hindering persons under this Act Section 46(1)(a) without justification or lawful excuse, obstruct, hinder, assault or threaten a person undertaking his or her duties under this Act; Section 46(1)(b) deceive or knowingly mislead the Commission ("the Ethics and Anti-Corruption Commission established under();") , a public entity or a person undertaking his or her duties under this Act; Section 46(1)(c) destroy, alter, conceal or remove documents, records or evidence that the person believes, or has grounds to believe may be relevant to an investigation or proceedings under this Act; or Section 46(1)(d) provide false information to the Commission ("the Ethics and Anti-Corruption Commission established under();") , a public entity or a person acting under this Act. Section 46(2) A person who contravenes subsection (1) commits an offence and is liable, on conviction, to a fine not exceeding five million shillings, or to imprisonment for a term not exceeding five years, or to both.

Section 47. General penalty Section Any person who is convicted of an offence under this Act, for which no penalty is expressly provided, shall be liable on conviction to a fine not exceeding five hundred thousand shillings, or to imprisonment for a term not exceeding three years, or to both.

Section 48. Breach ofsection 20 Section State officer who does not comply with the provisions of section 20 commits an offence and is liable, on conviction, to a fine not exceeding five million shillings, or to imprisonment for a term not exceeding five years, or to both.

Section 49. Forfeiture and compensation Section 49(1) Where a State officer is proven to have obtained any property in breach of this Act, the State officer shall, subject to any appeal which the officer may make, forfeit the property and the property shall be held by the Commission ("the Ethics and Anti-Corruption Commission established under();") or by an agent appointed by the Commission ("the Ethics and Anti-Corruption Commission established under();") in trust for the Republic, until it is lawfully disposed of. Section 49(2) The Commission ("the Ethics and Anti-Corruption Commission established under();") may order a State officer referred to in subsection (1) to pay by way of compensation to the State such sum, including interest, as may be determined by the Commission ("the Ethics and Anti-Corruption Commission established under();") as just, having regard to the loss suffered by the Government or public entity and such order shall be deemed to be a decree under section 25 of the Civil Procedure Act ( Cap. 21 ) and shall be executed in the manner prescribed under Part III of that Act. Section 49(3) For the purposes of subsection (2) , the rate of interest on any property or...