The Defence Forces Code of Conduct and Ethics

Section 1. Citation Section This Code may be cited as the Armed Forces Code of Conduct and Ethics.

Section 2. Interpretation Section In this Code, unless the context otherwise requires— “commanding officer” means a commanding officer within the meaning of the Armed Forces Act.

Section 3. Application of Code Section This Code applies with respect to the members of the armed forces.

Section 4. Compliance with General Code Section 4(1) A member of the armed forces shall comply with all the requirements imposed on a public officer under 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. Faithfulness to oath of allegiance Section A member of the armed forces shall be true and faithful to the oath of allegiance taken by the member as required under the Armed Forces Act.

Section 6. General responsibilities of commanders Section Commanding officers shall be responsible for the training, security, discipline, health, welfare, morale and general efficiency of the members of the armed forces under their command.

Section 7. Obedience to orders Section A member of the armed forces shall obey all lawful orders and directions from a superior officer.

Section 8. Support of superiors Section A member of the armed forces shall support his superior officers in the maintenance of order and discipline.

Section 9. Criticism or praise of superiors Section A member of the armed forces shall not criticise or praise a superior officer in a way that may bring the superior officer into contempt or cause disaffection.

Section 10. Complaints about other members of the armed forces Section 10(1) A member of the armed forces shall not make a complaint about another member of the armed forces in relation to armed forces matters except in accordance with the procedures under the Armed Forces Act and the applicable orders and directions. Section 10(2) A member of the armed forces shall not make a complaint described in paragraph (1) in combination with another member of the armed forces. Section 10(3) A member of the armed forces shall not make a complaint described in paragraph (1) anonymously.

Section 11. Laudatory orders Section A member of the armed forces shall not publish or post a laudatory order.

Section 12. Treatment of subordinates Section A member of the armed forces who is an officer, warrant officer or non-commissioned officer shall adopt such methods of command and treatment of subordinates as will ensure respect for authority and foster self respect and personal honour among subordinates.

Section 13. Understanding of obligations and duties under Act, regulations and standing orders Section A member of the armed forces shall ensure that he understands his obligations and duties under the Armed Forces Act, the regulations under that Act and all standing orders or directions, including any changes made from time to time.

Section 14. Drinking of alcoholic beverages Section 14(1) A member of the armed forces shall not drink alcoholic beverages to an extent that may interfere with his ability to carry out his duties. Section 14(2) A member of the armed forces shall not drink an alcoholic beverage on armed forces premises except as allowed under the applicable orders and directions.

Section 15. Misuse of drugs Section A member of the armed forces shall not misuse drugs.

Section 16. Lending and borrowing money Section A member of the armed forces shall not lend money to, or borrow money from, another member of the armed forces.

Section 17. Gambling Section A member of the armed forces shall not engage in any form of gambling or bookmaking.

Section 18. Possession of firearms Section 18(1) A member of the armed forces shall possess service firearms and ammunition only in accordance with his official duties and only in accordance with the applicable orders and directions. Section 18(2) A member of the armed forces shall possess private firearms and ammunition only in accordance with the applicable laws governing private firearms and ammunition.

Section 19. Prohibition against standing for election Section A member of the armed forces shall not stand for election as a member of the National Assembly or a local authority or hold a political office.

Section 20. Political neutrality Section Regardless of his political opinions, a member of the armed forces shall serve impartially, with loyalty, honesty and objectivity.

Section 21. Canvassing for favours in armed forces Section A member of the armed forces shall not canvass or lobby, either directly or indirectly, for any favours in the armed forces.

Section 22. Public comments Section 22(1)(a) shall not make public comments that support or criticize a political party; Section 22(1)(b) shall not make public comments that may compromise, or may reasonably be seen to compromise, the political neutrality of his office; Section 22(1)(c) shall not make public comments giving his personal views or opinions about the armed forces or any matter relating to the armed forces, except as authorized by an order or direction; Section 22(1)(d) shall not, expressly or by implication, represent that any public comments he makes reflect the views or opinions of the armed forces if that is not the case. Section 22(2) For greater certainty, in this rule, “public comments” includes comments made to members of the press or other media.

Section 23. Safeguarding of information Section 23(1) A member of the armed forces shall not disclose any information relating to armed forces matters to a person who is not a member of the armed forces, except in furtherance of his official duties or as otherwise authorized, and shall do so only in accordance with any applicable orders or directions. Section 23(2) A member of the armed forces shall ensure that restricted information or documents entrusted to his care are adequately protected from improper or inadvertent disclosure and shall follow the applicable orders and directions for safeguarding such information and documents.

Section 24. Private affairs – outside activities Section 24(1) While a member of the armed forces should not be isolated from the society of which he is a part, he shall ensure that his non-official activities do not interfere with his official duties or affect the dignity of his office and that the risk of conflict with his official duties is minimized. Section 24(2) A member of the armed forces shall not engage in private business while on duty. Section 24(3) A member of the armed forces may engage in private business or private employment only as allowed under the applicable orders and directions.

Section 25. Endorsing of private activities, etc. Section 25(1) A member of the armed forces shall not use his position or title or any authority associated with his office in a manner that could reasonably be construed to imply that the armed forces or the Government sanctions or endorses any activities, either by him or by any other person, that are not activities of the armed forces. Section 25(2)(a) the event is organized, either wholly or partly, by the armed forces; or Section 25(2)(b) the member of the armed forces is participating as a member of the armed forces. Section 25(3) A member of the armed forces shall not provide a testimonial to a person or organization in respect of goods or services supplied by that person or organization. Section 25(4) Paragraph (3) does not prevent a member of the armed forces from communicating directly with a person, at that person’s request, about goods or services supplied by another person.

Section 26. Private affairs – financial dealings Section 26(1) A member of the armed forces shall live within his means and avoid incurring any financial liability that he cannot satisfy. Section 26(2) A member of the armed forces who becomes bankrupt, becomes a judgment debtor or against whom proceedings are taken in bankruptcy shall forthwith report the matter to his commanding officer.

Section 27. Potential conflicts of interest Section If, because of the duties of a member of the armed forces, there is a likelihood that the member will be assigned a matter that would result in his having a conflict of interest, the member shall inform his commanding officer of that likelihood.

Section 28. Gifts Section 28(1)(a) the member of the armed forces shall report the matter to the Chief of General Staff who shall direct the appropriate mode of disposal of the gift; and Section 28(1)(b) the member of the armed forces shall comply with such direction. Section 28(2)(a) a gift from a person described in subparagraph (i), (ii) or (iii) of section 11(2)(a) of the General Code of Conduct and Ethics set out in the Appendix to this Code; or Section 28(2)(b) a gift given to the member of the armed forces on a public or ceremonial occasion. Section 28(3) A gift that a member of the armed forces is otherwise allowed to accept from a relative or friend because it is given on a special occasion recognized by custom shall not be accepted by the member of the armed forces in a public office. Section 28(4)(a) give a gift to a superior officer; Section 28(4)(b) make a contribution, or solicit contributions, for a gift to a superior officer; or Section 28(4)(c) solicit contributions from a member of the armed forces for a gift to a superior officer of that member. Section 28(5)(a) the gift is paid for out of a fund that is administered by members of the armed forces; and Section 28...

Section 29. Harambees Section 29(1) A member of the armed forces shall not preside over a harambee, play a central role in its organization or play the role of “guest of honour”. Section 29(2) A member of the armed forces shall not participate in a harambee in such a way as to reflect adversely on the honour and dignity of the armed forces or to interfere with the performance of his official duties.

Section 30. Member of the armed forces as expert witness Section 30(1) Unless authorized in writing by the Chief of General Staff, a member of the armed forces shall not agree to be an expert witness, other than on behalf of the armed forces or the Government, in a proceeding in which the armed forces or the Government is a party or has a substantial interest. Section 30(2) Nothing in paragraph (1) prevents a member of the armed forces who has been summoned by the court or other appropriate authority from appearing as an expert witness but the member shall, before appearing, notify his commanding officer that he has been so summoned.

Section 31. Absence from Kenya Section A member of the armed forces shall not leave Kenya without the permission of the Chief of General Staff.

Section 32. Reporting of charges against a member of the armed forces Section 32(1) A member of the armed forces who is charged with an offence described in paragraph (2) shall forthwith report the matter to his commanding officer. Section 32(2) An offence referred to in paragraph (1) is an offence that may be punished by imprisonment, other than in default of payment of a fine.

Section 33. Breach of Code Section Where a member of the armed forces has committed a breach of this Code, appropriate action will be taken in accordance with the Act and other applicable laws.