The Commission for University Education Procedures for Administration of Part IV of the Public Officers Ethics Act

Section 1. Citation Section These Procedures may be cited as the Commission for University Education Procedures for Administration of Part IV of the Act.

Section 2. Interpretation Section In these Procedures, unless the context otherwise requires: "Act" means the Public Officer Ethics Act (Cap. 185B); "Committee" means the Committee established to oversee the management, verification and access to declarations pursuant to clause 10 of the Regulations "Commission" means the Commission for University Education established under the Universities Act (Cap. 210); "Declarant" means a person who has made a declaration under the Act; "Declaration form" means the form set out in the Schedule to the Act in accordance with section 26(2) of the Act; "Declaration year" means the year when the two-year declaration under the Act falls due; "Final declaration" means a declaration made in accordance with section 27(5) of the Act; "Initial declaration" means a declaration made in accordance with section 27(3) of the Act; "Public Officer" has the meaning assigned to it under Article 260 of the Constitution of Kenya and includes a State Officer; "Regulations" means the Public Officer Ethics Act (Management, Verification and Access to Financial Declarations) Regulations (sub. leg); "Secretary" means the Secretary to the Commission for University Educati...

Section 3. Scope of application Section These Procedures shall apply to the administration of Part IV of the Act with respect to public officers for which the Commission for University Education is the Responsible Commission pursuant to Public Universities Procedures for the Administration of Part IV of the Act (sub. leg).

Section 4. Commencement Section These procedures shall come into force upon publication in the Kenya Gazette.

Section 5. Administration of the Procedures Section The Secretary shall administer these Procedures on behalf of the Commission.

Section 6. Establishment of Committee Section 6(1) The Secretary shall within thirty (30) days of commencement of these procedures establish a Committee to oversee the management, verification and access to declarations as contemplated under clause 10 of the Regulations. Section 6(2) The Committee under subparagraph 1 shall consist of officers drawn from various departments. Section 6(3) The membership and size shall be determined by the Secretary. Section 6(4) The Committee shall have power to co-opt additional members to support its operations. Section 6(5) The Commission shall determine the term of the Committee. Section 6(6) In the discharge of its functions, the Committee shall be responsible to the Secretary pursuant to clause 10 of the Regulations; Section 6(7) In administering these procedures, the Committee established under this part may designate sub-committees from its membership to undertake specific functions Section 6(8) Nothing under this part shall be construed as prohibiting the Commission from designating an officer who is not a member of the Committee to undertake specified tasks in relation to any function under these Procedures provided that in the performance...

Section 7. Procedure in Submitting Declarations Section 7(1) A Public Officer shall submit a declaration in the Form set out in the Schedule to the Act. Section 7(2) The Commission may use such measures as may be appropriate to facilitate a Public Officer to acquire the form referred to in subparagraph (1). Section 7(3)(a) to be rendered in digital format; or Section 7(3)(b) to be downloaded from a website and printed out in paper format. Section 7(4) Where a Public Officer is required to make an initial, two-year or final declaration, the Secretary may issue a notification to the Public Officer not less than thirty (30) days before the due date for the declaration. Section 7(5) Failure to provide a declaration form or to issue a notification under this paragraph shall not be construed as a waiver of the responsibility of the public officer to submit a declaration under the Act.

Section 8. Completion and Submission of Declarations Section A Public Officer shall complete and submit the declaration form to the Secretary in the form prescribed in the Schedule to the Act.

Section 9. Register of Declarations Section 9(1)(a) Name, personal number, designation, directorate, department or unit; Section 9(1)(b) date the Public Officer submitted the declaration form; Section 9(1)(c) type of declaration (initial, two-year or final); Section 9(1)(d) total number of Public Officers who have submitted declarations as at the due date; Section 9(1)(e) total number of Public Officers required to submit declarations; and Section 9(1)(f) name and signature of officer receiving the declarations; Section 9(1)(g) any remarks relating to the declarations. Section 9(2) The Secretary shall acknowledge each declaration/submissions. Section 9(3) A register under this part may be maintained in different documents and formats.

Section 10. Verifications of Declarations Section on the face of the declaration, or in light of any other information the Commission may have, there is reason to suspect the declaration is false or incomplete;

Section 11. Requests for Clarification Section 11(1) If upon verification under paragraph 10, the Commission is of the opinion that any of the stated conditions exist, the declarant shall be given an opportunity to make clarification in accordance with section 28(1) of the Act. Section 11(2) A request for clarification shall be made in the form prescribed in the Regulations. Section 11(3) The Commission shall, in the register of access to declarations, document the particulars of clarification sought, the mode of communication, the time given to respond, the date and particulars of response, if any. Section 11(4) Where no explanation is given, or after considering any explanation the declarant may give, the Commission is of the opinion that the conditions in subparagraph (1)(b) still exist, the Commission may, in addition to any other action including criminal and civil proceedings, take disciplinary or other appropriate action against the Public Officer in accordance with the relevant laws, regulations and code of conduct.

Section 12. Access and Publication of Information in a Declaration Section 12(1)(a) apply to the Commission in the form set out in Appendix Section 12(1)(b) demonstrate to the Commission that the applicant has a legitimate interest in the information; and Section 12(1)(c) demonstrate to the Commission that the access to or publication of that information shall be for a good cause and in furtherance of the objectives of the Act. Section 12(2) Where the information is intended to be disclosed or published, the applicant shall expressly state so in the application. Section 12(3)(a) the Commission shall issue the applicant with an acknowledgement in the form set out in Appendix II; Section 12(3)(b) the Commission shall inform the declarant of the application in writing; Section 12(3)(c) the Commission shall give the declarant an opportunity to make a representation in writing in relation to the application within fourteen days; and Section 12(3)(d) the Commission shall take into consideration the representation by the declarant when determining the application. Section 12(4) The Commission shall determine an application made in accordance with this paragraph and communicate its decisio...

Section 13. Access by a Declarant Section 13(1) The provisions of paragraph 12 shall not apply where the declarant makes an application to access their own declaration; Section 13(2) An application by a declarant to access their declaration shall be made to the Secretary; Section 13(3) Upon receipt of an application under this paragraph, the Secretary shall avail a certified copy to the declarant within thirty 30 days. Section 13(4)(i) the declarant proves their identity; or Section 13(4)(ii) in the case of a representative of the declarant, that representative provides proof of their authority to act as such.

Section 14. Decisions of the Commission on Access Section The Commission shall make a decision on an application for access in accordance with the Act, regulations and procedures, which shall be communicated to the applicant.

Section 15. Review Section 15(1) The applicant may request for a review of the decision in paragraph 14. Section 15(2) Upon receipt of the request to review its decision, the Commission shall consider the request and make a determination within thirty (30) days.

Section 16. Appeal Section Any person dissatisfied with the decision of the Commission may appeal in accordance with the procedure set out in the Regulations.

Section 17. Mechanisms for Storage, Retention and Retrieval Section 17(1) The Commission shall ensure that appropriate mechanisms are put in place for the safe and secure storage, retention and easy retrieval of the declarations and clarifications; Section 17(2) The mechanisms established under subparagraph (1) may include manual, electronic, microfilm or any other form as the Commission may consider appropriate.

Section 18. Cessation of Retention of Information Section 18(1) Where the period for retaining information obtained in accordance with Part IV of the Act has lapsed, the Commission shall determine the action to be taken in relation to that information. Section 18(2) The "Secretary" may make a written proposal to the Commission in relation to the action to be taken in accordance with subparagraph (1)(19) Returns to Ethics and Anti-Corruption Commission

Section 19. Returns to Ethics and Anti-Corruption Commission Section 19(2) In the case of initial and final declarations, the Commission shall, by 31st of July each year, submit to the EACC the information required in subparagraph (1) in respect to the fmancial year ending on 30th June of the preceding year. Section 19(3) The report under this part shall be in the form prescribed in Appendix III and Appendix IV.

Section 20. Matters not covered by these Procedure Section The Commission may subject to the Act, Regulations and these procedures, issue guidelines in writing in relation to any matter that has not been provided for in these procedure

Section 21. Representations to the Commission Section The Commission may consider representations from any person on any matter to which these Procedures apply.

Section 22. Review and Amendment of these procedures Section The Commission may from time to time review and/or amend these Procedures as may be necessary.

Section 23. Transition Section All previous administrative procedures are hereby revoked.