The Code of Conduct and Ethics for the Members and Staff of the Ethics and Anti-Corruption Commission

Section 1. Citation Section This Code may be cited as the Code of Conduct and Ethics for the Members and Staff of the Kenya Anti-Corruption Commission.

Section 2. Interpretation Section In this Code, unless the context otherwise requires— "the Act” means the Public Officer Ethics Act (Cap. 185B); "Advisory Board” means the Kenya Anti-Corruption Advisory Board; "Assistant Director” means an Assistant Director of the Kenya Anti-Corruption Commission; "Commission” means the Ethics and Anti-Corruption Commission; “Director” means the Director of the Ethics and Anti-Corruption Commission; “Disciplinary Code” means the Code issued by the Director under paragraph 7 in the First Schedule of the Anti-Corruption and Economic Crimes Act (Cap. 65); "Members” in reference to the Kenya Anti-Corruption Commission means the Director and Assistant Directors of the Commission; "public officer” refers to members and staff of the Commission; "staff” in reference to the Ethics and Anti-Corruption Commission means persons employed by the Commission, and includes those serving on secondment basis, but does not include the members.

Section 3. Application of Code Section This Code applies with respect to the members and staff of the Kenya Anti-Corruption Commission, who shall for that purpose be regarded as public officers.

Section 4. Compliance with General Code Section 4(1) A public officer shall comply with all the requirements 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.

Section 5. Integrity Section A public officer shall not engage in any activities involving dishonesty, fraud or moral turpitude.

Section 6. Conflict of interest Section shall not engage in any activity likely to place him/her in a position of divided loyalty between his/her private interest and official duty; and

Section 7. Gifts Section 7(1) A public officer shall not without the general permission or special permission of the Director accept or solicit any gifts, rewards, benefits or any other valuable present in any form, including free passage, hospitality and other favours, from any person who has an interest that may be affected by the officer’s official duties. Section 7(2) A public officer may accept a gift given to him/her in his/her official capacity but, unless the gift is a non-monetary gift that does not exceed Shs. 20,000 in value, the gift shall be surrendered to the Commission.

Section 8. Other employment or business Section 8(1) A public officer shall not take employment in any other work or business or hold any other public office. Section 8(2) A public officer shall not engage in a business that is likely to conflict with his duties or loyalty to the Commission, or which is likely to cause a perception of such conflict.

Section 9. Pecuniary embarrassment Section A public officer shall live within his/her means and only incur financial obligations that he/she can satisfy without any form of financial hardship or embarrassment to himself/herself.

Section 10. Social association and recreation Section A public officer shall be selective in the company he/she keeps and places patronized, and shall not engage in conduct or company which is conducive to corrupt practices.

Section 11. Press statements Section Except where it is part of his/her official duties, a public officer shall not issue press statements on a matter of the Commission without the authority of the Director.

Section 12. Confidentiality Section 12(1) A public officer shall not, except with the authority of the Director or with other lawful excuse, disclose the details of an investigation by the Commission, including the identity of anyone being investigated. Section 12(2) A public officer shall at all times during service and thereafter not disclose to unauthorized persons any matter that has come to his/her knowledge by virtue of employment, unless the information has already been made public.

Section 13. Political association Section A public officer shall refrain from active politics except for exercising his/her right to vote at elections. He/she shall not publicly express his/her personal views on political matters.

Section 14. Compliance with staff rules and regulations and disciplinary code Section A public officer shall adhere to the staff rules and regulations that may be issued by the Commission from time to time touching on the terms and conditions of service, and the disciplinary code that shall be issued by the Director.

Section 15. The Director, etc. Section 15(1) The Director shall be responsible for the enforcement of this Code. Section 15(2) The Director may delegate to an Assistant Director any general or specific duties for the enforcement of this Code.

Section 16. Staff Section 16(1) The staff shall be subject to the procedures prescribed in the disciplinary code and any staff rules and regulations issued by the Director. Section 16(2) An allegation of misconduct against staff shall be investigated, and the necessary sanction imposed, under the provisions of Part V of the Act and also in accordance with the procedures set out by the disciplinary code. Section 16(3) A public officer, not being an Assistant Director, may be removed from office by the Director on the ground that the officer has breached this code or the disciplinary code, or on the ground that the Director no longer has confidence in the officer’s integrity.