Staff Sensitization Workshop 2022�PRESENTER: SIMON TOO�INTEGRITY OFFICER-MOI UNIVERSITY

THE INTEGRITY PACT�

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Training and Sensitization seminar for all Staff and Students Union Officials on:

• Moi University Anti-Corruption Policy.
• Moi University Code of Conduct and Ethics.
• Moi University Terms and Conditions of Service.
• The Integrity Pact.
• And any other relevant instruments and documents.

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HOW IS IT IMPLEMENTED

• Sensitize all the staff. 
• Administer the Integrity Pact to all Staff, Council and Officer of the University.
• A copy of the Integrity Pact to be filed in each and every staff member’s file.
• All new employees shall be required to sign and Integrity Pact together with the Appointment Letter.

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MOI UNIVERSITY STAFF INTEGRITY PACT�

• �MOI UNIVERSITY

ISO 9001:2008 CERTIFIED INSTITUTION

• MOI UNIVERSITY STAFF INTEGRITY PACT
•  
• I, ………………………………………………………………………………………………………… PF.NO.:………………………
• OF IDENTITY NUMBER:____________ DEPARTMENT:__________________________________
•  
• AS AN EMPLOYEE OF MOI UNIVERSITY, BEING OF SOUND MIND, BIND MYSELF TO ADHERE TO :
• MOI UNIVERSITY ANTI-CORRUPTION POLICY
• MOI UNIVERSITY CODE OF CONDUCT AND ETHICS
• MOI UNIVERSITY TERMS AND CONDITIONS OF SERVICE
• AND COMMIT MYSELF
• NOT TO DEMAND OR ACCEPT ANY ILLICIT GRATIFICATION TO GIVE ANY PARTY AN ADVANTAGE.

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• NOT TO MAKE AVAILABLE CONFIDENTIAL INFORMATION TO A THIRD PARTY TO GIVE UNFAIR ADVANTAGE IN ANY DEALINGS.
• TO DISCLOSE ANY CONFLICT OF INTEREST IN THE COURSE OF MY DUTY.
• TO DISCLOSE ANY CORRUPT PRACTICE IN THE COURSE OF MY DUTIES.
•  
•  
• SIGNED:____________________________________ DATE:­­­­­­­­­­­­­­­­_________________________
•  
• FOR MOI UNIVERSITY: _________________________ DATE:_________________________
• VC/DVC-APD

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PUBLIC SERVICE COMMISSION COMMITMENT FORM �

• �MOI UNIVERSITY
• ISO 9001:2015 CERTIFIED INSTITUTION
•  
• PUBLIC SERVICE COMMISSION COMMITMENT FORM
• FORM G (p. 41(1))
•  
• Name of the Employee...............................................................................................................
• Employee Number...................................................................................................................... Department.................................................................................................................................
• Job Title: ..................................................................................................................................... I...................................................................hereby affirm that I have read, understood, and agree to adhere to the Public Service Code of Conduct and Ethics, 2016, and further affirm that I will comply fully to the extent that it is written. Signature................................................................................... Date...........................................................................................
•  
• RECIVED BY……………………………
• SIGNED: ____________________________________ DATE:­­­­­­­­­­­­­­­­_________________________
•  

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�MU ANTI-CORRUPTION POLICY �1.0 FOREWORD�

• The University has attempted to identify all its corrupt prone areas and developed a corruption prevention plan.
• The plan highlights the role of the University Management in networking and mobilizing resources needed to combat corruption in the institution.
• It is hoped that this guide will be useful in preventing corruption in all facets of the University services.

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2.0 POLICY STATEMENT �

• Corruption is a serious scourge that has eaten into the fabric of the Kenya Society and may occur in any public institution.
• The University Anti-Corruption Policy is aimed at improving institutional productivity, efficiency and good governance.
• Any crime or corrupt practices identified will be dealt with firmly using this policy together with other Anti-corruption policies or procedures of the Government.

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3.0 LEGISLATIVE AND ADMINISTRATIVE REQUIREMENTS�

• 3.1 Legal Instruments
• The Constitution of Kenya, 2010
• The Anti-Corruption and Economic Crimes Act, 2003
• The Public Officers Ethics Act, 2003
• The Public Procurement and Disposal Act, 2005 .
• The Public Private Partnership Act, 2013.
• The Government Financial Management Act, 2004
• The Public Audit Act,2003
• The Leadership and Integrity Act No. 19 of 2012

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3.0 LEGISLATIVE AND ADMINISTRATIVE REQUIREMENTS

• The Universities Act No. 42, 2013.
• The Code of Conduct and Ethics for Public Universities(Legal Notice No.170)
• The Employment Act, 2007
• The Witness Protection Act 2006

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�3.2 Institutional Instruments�

• Moi University Charter, 2013.
• Moi University statues, 2013.
• Moi University Quality Manual and Procedures, 2013
• Moi University Service Charter.
• Moi University Strategic Plan 2010-2015 Revised, 2009
• Performance Contracting Guidelines.
• Terms of Service and Collective Bargaining Agreements.
• Annual Budget and Establishment
• Moi University Accounting Manual
• Moi University Financial Regulations
• Moi University Financial Manual
• Moi University Research Policy
• Moi University Intellectual Property Policy
• Moi University Examination Rules and Regulations
• Moi University Part-Time Teaching Policy
• Moi University Scheme of Service.

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3.2 Institutional Instruments CONT

• Moi University Internal Audit Manual
• Moi University Rules and Regulations Governing the conduct of students
• Moi University Gender Policy
• Moi University Senate Rules (Admissions, Curriculum Developments, Examination Rules And Regulations, Etc)
• Moi University Wardens Manual
• Moi University Library Rules and Regulations
• Sexual Harassment and Discrimination Policy
• Moi University Recruitment Policy
• Moi University Training Policy.
• Moi University Teaching and promotion of Academic staff

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SCOPE/APPLICABILITY�

This Policy applies to :

• Members of Moi University Council,
• All Officers,
• Staff and Students

5.0 DEFINITION OF CORRUPTION�

• This policy operates within the framework of corruption as defined in the Kenya Anti-Corruption Plan and the Anti-Corruption and Economic Crimes Act of 2003.

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DEFINITION OF CORRUPTION

• Abuse of position or office, for personal gain or for the advantage of another person;
• Bribery, theft, embezzlement and fraud;
• Evasion of payment of Government revenues, taxes, rates, fees and other dues;
• Practicing of nepotism, tribalism, clanism;
• Practicing discrimination on the basis of religion, gender or disability;
• Inversion and distortion of social values including soliciting for and giving sexual and other favours;
• Negligence of professional ethics; and
• Breach of trust
• Any other offence under the Kenyan and International laws involving dishonesty.

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ROLES AND RESPONSIBILITIES�

Role of Management

• The University Management is responsible for:
• Corruption prevention and detection
• Setting ethical standards
• Setting up corruption prevention committees
• Providing guidance and support to staff
• Compliance of chapter six of the Kenyan constitution.
• Training and sensitization of staff

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Role of University staff and other stakeholders�

• Observance of Chapter 6 on leadership and Integrity
• Chapter 13 on public/state officer
• Training and sensitization of the staff
• Prompt reporting of incidences or suspected cases of corruption
• Identify areas which are prone to corruption

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Role of University staff and other stakeholders�

• Observance of chapter 6 & 13 on leadership and integrity and public officers role
• Training and sensitization of the staff
• Prompt reporting of incidences or suspected cases of corruption
• Identify areas which are prone to corruption

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7.0 FUNCTIONAL AREAS AND CORRUPTION PRONE PRACTICES �

• Management
• Security
• Internal Audit
• Public Relations
• I.C.T

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7.2 Academic, Research and Extension �

• Admissions
• Teaching
• Examinations
• Graduation
• Student Records Management
• Management of research funds and activities.
• Outreach services

7.3 AP&D�

• Recruitment and Training
• Staff Development
• Medical services
• Leave
• Records management
• Central services
• Management of University property
• Transport and Garage
• Housing
• Retirement
• Legal matters
• Quality management systems and performance compliance
• Staff Development
• Infrastructural Development and refurbishment.

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�7.4 Students Affairs 7.5 Finance�

7.4 Students Affairs

• Student Welfare
• Catering and hostels

7.5 Finance

• Financial management systems and procedures
• Establishment and Recurrent Expenditures
• Procurement planning and management
• Fee payment.

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8.0 STRUCTURES TO FIGHT CORRUPTION�

The University has put in place the following structures to prevent corruption;

• University Corruption Prevention Committee
• Campus Corruption Prevention Committees
• Integrity Office responsible for
• Regular vetting of staff
• Regular monitoring of University functional areas
• Monitor systems/controls as per – ISO 9001:2008 procedures.
• Monitor supervisory checks and controls within the university
• Monitor staff integrity and mentorship
• Institutionalize efficiency, transparency and accountability of transactions
• Regular updates and monitoring of University assets.
• Monitoring of declaration of conflict of interest.

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9.0 COMPOSITION OF THE CORRUPTION PREVENTION COMMITTEE�

• Vice Chancellor - Chairman
• Deputy Vice Chancellor Finance - Member
• Deputy Vice Chancellor (A, P&D) - Member
• Deputy Vice Chancellor (A, R&E) - Member
• Deputy Vice Chancellor (SA) - Member
• College Principal - Member
• Campus Director Member
• Deans Of Schools - Member
• Director of Quality Assurance - Member
• Chief Legal Officer - Member
• Chief Internal Auditor Member
• Senior Procurement Officer - Member
• UASU representative, Chapter Secretary - Member
• KUSU, Chapter Secretary - Member
• KUDHEIHA Shop steward - Member
• MUSO Secretary General - Member
• Integrity Officer - Secretary

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10.0 MANDATE & OPERATIONS OF THE CPC

1. Setting priorities in the prevention of corruption within the University
2. Planning and coordinating corruption prevention strategies
3. Integrating all corruption prevention initiatives in the university
4. Receiving and reviewing reports on corruption prevention initiatives and recommending appropriate action.
5. Receiving and taking action on corruption reports made by staff, students and other stakeholders.
6. Documenting concrete measures taken and any referrals to other agencies such as Ethics Anti-Corruption Commission (EACC).
7. Spearheading anti-corruption campaigns within their jurisdiction.
8. Monitoring and evaluating the impact of corruption prevention initiatives.
9. Preparing and submitting quarterly progress reports to the management and the Performance contract Steering Committee

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11.0 INTERNAL AUDIT REVIEWS.

• Internal Audit reviews play a crucial role in the prevention and detection of corruption.
• It also provides mechanisms for supervision, control and review of all operational systems within the University.
• In addition it plays a major role in assessing the nature and extent of any fraud and corruption risks.
• The University will carry out on a quarterly basis internal audit reviews in all its operational areas with emphasis on the areas appearing in the appendices.

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Systems, Structures & Mechanisms to Fight Corruption�

• The University shall establish the following systems, structures, processes & mechanisms to prevent corruption.
• This shall include but not limited to:
• Moi University Council Audit Committee,
• Internal Audit Unit,
• University Corruption Prevention Committee.
• Campuses/Schools/Directorate Corruption Prevention Committees.
• University Integrity Committees.
• School/Campus/ Directorates Integrity Committees
• Ethics & Integrity Assurance Officers

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Reporting of Corruption Cases �

• 7.1 Avenues for Reporting
• 7.1.1 The University shall make provisions to allow for disclosure of all corrupt practices within the University by providing avenues for reporting such vices.
• 7.1.2 The reporting avenues include but not limited to:
• Corruption reporting boxes at strategic points within the University.
• Integrity office on Hotline numbers (0777-22022Q,0775-12999Q)
• An interactive page on the University website (www.mu.ac.ke.)
• The Council email : council@mu.ac.ke
• Office of the Vice-Chancellor: vcmoi2009@gmail.com
• Integrity Office Email: integrity @mu.ac.ke
• Office of Deans of schools and Dean of students.
• Office of Directorates.
• Chairs and Heads of Departments office.
• Directly to the EACC:
• Website www.eacc.go.ke/report corruption,
• Tel: (020) 2717318;2720722;2100312/3
• Mobile: 0729888881/2/3; 0736996600/33
• Fax: (020)2717473
• Email address: eacc@integrity.go.ke

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Reporting..

• Guidelines for Corruption Reporting
• 7.2.1 All reports on corruption allegations shall be:
• Made in writing. Where a report is made verbally, the receiving officer will put it in writing after which the giver of the report where applicable shall confirm the contents of the written report and sign it.
• Treated with confidentiality by the reporter and the receiver of the report.
• Verified for authenticity by respective relevant investigating organs.
• Forwarded to the Vice-Chancellor for further action.
• 7.2.2 Any party that reports instances of corruption is entitled to acknowledgement within three days and feedback on action taken on the matter reported within 21 working days of reporting. Where no action is taken within reasonable time, the informant may report the same to EACC.
• 7.2.3 However, if one is still not satisfied after using the procedures and getting a final written response, one is entitled to channel one’s concern to other relevant agencies, which may include:
• The Office of the Auditor General
• A relevant professional or regulatory body
• Efficiency Monitoring Unit
• Ethics and Anti-Corruption Commission

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Reporting…

• Directorate of Criminal Investigation
• Witness Protection Agency
• The Ombudsman Office/Commission on Administrative Justice
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• 7.2.4 Any persons being the first recipients of reports shall have a duty to;-
• Treat concerns in a confidential manner.
• Carry out preliminary investigations to establish the veracity of the case
• Forward the case to the relevant university anti-corruption organ.

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Handling of Corruption Cases �

• 7.3.1 Any cases of suspected corruption reported to the University shall be referred to the relevant organ for further investigation.
• 7.3.2 Investigating organ shall submit a report to MUCPC for deliberations
• 7.3.3 Upon receipt of the report the MUCPC shall consider the report and determine the next course of action.
• 7.3.4 The Committee will then make a decision to:
• Refer the matter to the Staff or students Disciplinary Committee
• Refer the matter to other School Corruption Prevention Sub-Committee
• Refer the matter to the EACC.
• Refer the matter to the Kenya Police
• Refer the matter to any other relevant Authority.
• 7.3.5 Internal sanctions for those found culpable shall be in accordance with disciplinary actions as per relevant policies

Whistle Blowing Procedure �

• 8.1 Introduction
• 8.1.1 Whistleblower in the context of this policy refers to any person who witnesses or has any information or documents pertaining corrupt practice and reports using the channels outlined in this policy.
• 8.1.2 In accordance with the Witness Protection Act, 2006 the University undertakes to protect the identity of persons making corruption disclosures and to ensure that information that might identify the person making the disclosures is protected.
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Handling of Whistle Blowers �

• 8.2.1 A person wishing to disclose information concerning corruption under witness protection act shall notify relevant university authorities. If there is need to disclose the information this shall first be discussed with the person.
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• 8.2.2 No action may be taken against informers for their assistance so long as the in
• former believes the information to be true.
• 8.2.3 The identity of an informer shall be handled in accordance with the procedure of the witness protection act.
• 8.2.4 Such informers shall be enrolled to Witness Protection Programme under the terms and conditions existing at the time of enrollment.
• 8.2.5 The officer receiving the request for protection shall notify the Vice-Chancellor of the same within three working days.
• 8.2.6 The Vice-Chancellor shall take necessary steps and measures to ensure the whistle blower is protected.

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Anonymous Allegations �

• All complaints must contain as much information as possible to allow for proper assessment.
• Anonymous allegations will be considered based on the following factors;
• Seriousness of the issue raised
• The credibility of the concern
• The likelihood of confirming the allegation from attributable source
• To the extent possible, any complaint should be factual rather than speculative or conclusory.
• This policy encourages staff to put their contact/information to their allegations whenever possible.

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CORRUPTION RISKS ASSESMENT

ANTI-CORRUPTION ACTION PLAN

THE PUBLIC OFFICER ETHICS ACT, 2003�(No. 4 of 2003)�THE PUBLIC SERVICE CODE OF CONDUCT AND ETHICS, 2016

• The general objective of the Code is to give effect to the provisions of Chapter Six of the Constitution.
• The specific objectives of this Code shall include—
• to ensure accountability by a public officer for his or her
• decisions or actions;
• to promote discipline;
• to promote honesty;
• to provide mechanisms for the management of conflicts of

interest;

Objectives cont…

• to protect the integrity of the public service; and
• to provide a framework for reporting of misconduct by a public officer.

PART II—SPECIFIC CODE OF CONDUCT AND ETHICS FOR�PUBLIC OFFICERS

• A public officer, who is a professional in the public service, shall be bound by, and observe, the professional code of conduct he or binding he/she might be required to subscribe to.
• A public officer shall carry out his or her duties in Rule of law.
• A public officer shall be responsible for the reasonably foreseeable consequences of any acts or omissions arising from the duties.

�Performance of�duties.�

• A public officer shall carry out his or her duties efficiently and honestly;
• carry out his or her duties in a transparent and accountable manner;
• keep accurate records and documents relating to his or her duties;
• not be absent from duty without official permission; and
• not engage in private business during official working hours.

A public officer shall—

• carry out his or her duties in a manner that protects the integrity of his or her office;
• treat members of the public and other public officers with courtesy and respect;
• not discriminate against any person;
• ensure the efficient, effective and economic use of resources in his or her charge;
• be accountable for his or her administrative acts;
• maintain an appropriate standard of dress and personal hygiene;
• discharge any professional responsibilities in a professional manner; and
• where the public officer is a member of a professional body, observe and subscribe to the ethical and professional requirements of that body:Provided that those ethical and professional requirements shall not contravene the Constitution, this Code or any other written law.
• 11. A public officer shall conduct private affairs in a manner that Conduct of private
• maintains public confidence in his or her integrity,

Conduct of private�

• A public officer shall conduct private affairs in a manner that maintains public confidence in his or her integrity, affairs
• (1) A public officer shall not use his or her office to Financial integrity.
• unlawfully or wrongfully enrich himself, herself or any other person.
• A public officer shall not seek or accept a personal loan or
• benefit that may compromise his or her integrity.
• A public officer shall live within his or her means and shall
• not incur any financial liability that he or she cannot satisfy.
• 13. (1) A public officer shall pay any taxes due from him or her Tax, financial and
• within the prescribed period, legal obligations.
• (2) A public officer shall not neglect his or her financial or legal obligations

Moral and ethical�requirements.�

• A public officer shall—be honest in the conduct of public affairs;
• not engage in activities that amount to abuse of office;
• accurately and honestly present information to the public;
• not engage in wrongful conduct in furtherance of personal
• benefit;
• not misuse public resources;
• not falsify any records; and
• not engage in actions that may lead to his or her removal
• from the membership of a professional body to which he or
• she may belong

gift or donation

• A gift or donation given to a public officer in his or official capacity shall be treated as a gift or donation to his or her office.
• (2) Notwithstanding sub-paragraph (1), a public officer may
• receive a gift given in his or her official capacity provided that—
• the gift is within the ordinary bounds of propriety;
• the gift is an ordinary expression of courtesy or protocol, or within the ordinary standards of hospitality;
• the gift is not in monetary form; and
• the gift does not exceed such value as may be prescribed by the Ethics and Anti-Corruption Commission.

Gifts

• Without limiting the generality of sub-paragraph (2), a public officer shall not—
• (a) accept or solicit gifts, hospitality or other benefits from a person who has an interest that may be achieved by the carrying out
• or not carrying out of the public officer's duties;
• carries on regulated activities with respect to which the public entity has a role; or

Gifts

• (iii) has a contractual or legal relationship with the public entity;
• accept or offer gifts of jewelry or other gifts comprising precious metals or stones, ivory or any other animal part protected under the Convention on International Trade in Endangered Species of Wild Fauna and Flora; or
• any other type of gift specified by the Ethics and Anti-
• Corruption Commission.

A public officer shall not receive a gift which is given with an

intention of compromising his or her integrity, objectivity or

impartiality.

Subject to sub-paragraph (2), a public officer who receives a

gift or donation shall declare the gift or donation to the public entity.

Whereas a public officer can accept gifts dictated by custom such gifts shall not be given or accepted in the public office.

The public entity shall keep a register in the form set out in the Second Schedule to this Code —

• all gifts received by public officers in that public entity; and
• all gifts given by the public entity.

The public entity shall comply with the Ethics and Anti-

Corruption Commission Regulations on the receiving and disposal of gifts.

Conflict of interest.

• A public officer shall not use his or her office to wrongfully or unlawfully acquire or influence the acquisition of property.
• A public officer shall use the best efforts to avoid being in a situation where that public officer's personal interests conflict with or appear to conflict with the officer's official duties.
• Without limiting the generality of sub-paragraph (1), a public officer shall not hold shares or have any other interest in a company, partnership or other body, directly or through another person, if the holding of those shares or having that interest would result in a conflict with his or her official duties.
• (3) A public officer whose personal interests are or may be in conflict with his or her official duties shall declare those personal interests to the public entity.

Conflict Of Interest

The public entity may give directions on the appropriate

action to be taken by the officer to avoid the conflict of interest and the officer shall—

• comply with the directions; and
• refrain from participating in any deliberations with respect to the matter.

Notwithstanding any directions to the contrary under subparagraph (4), a public officer shall not award or influence the award of a contract.

Conflict of Interest

• In this paragraph, a "conflict of interest" includes the interest of a spouse, a child, a business associate or an agent, or any other matter in which the public officer has a direct or indirect pecuniary or non-pecuniary interest.
• Where a public officer is present at a meeting where an issue that is likely to result in a conflict of interest is to be discussed, he or she shall declare the interest at the beginning of the meeting or before the issue is deliberated upon.
• A declaration of a conflict of interest under sub-paragraph (7) shall be recorded in the minutes of that meeting.
• The public entity shall maintain a register of conflicts of interest in the form set out in the Third Schedule to this Code in which an affected officer shall register the particulars of registrable interests, stating the nature and extent of the conflict.
• For the purposes of sub-paragraph (9), the registrable interests include the interests set out in the First Schedule to this Code.
• The public entity shall keep the register of conflicts of interests for five years after the last entry in each volume of the register.
• A public officer shall amend the record of his or her registrable interest in the register maintained under sub-paragraph (9) whenever there is a change in those registrable interest and such an amendment shall be made within thirty days of the change in the conflict of interest.
• A public officer shall not, in his or her private capacity, Participation in participate in a tender for the supply of goods or services to the public tenders entity in which he/she serves.

Collections

• A public officer shall not— Collections and use his or her office or place of work as a venue for soliciting or collecting harambees; either as a collector or a promoter of collection, obtain money or other property from a person by using his or her official position in any way to exert pressure; preside at a harambee, or play a central role in the organization of a harambee, or appear as a guest of honour at a harambee; or participate at a harambee in such a way as to reflect adversely on his integrity or impartiality or interfere with the performance of his or her duties.
• For the purposes of this rule, "collection", "collector" and "promoter" have the same meanings as are assigned to them in section 2 of the Public Collections Act.

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bank account outside Kenya

• A public officer shall not maintain a bank account outside Kenya except with the approval of the Ethics and Anti-Corruption Commission or in accordance with any written law.
• A public officer shall not be an agent of, or further the Acting for interests of a foreign government, organisation or individual in a foreigners in a manner that may be detrimental to the interests of Kenya.
• A public officer shall take all reasonable steps to ensure Care of property that any public property in his or her custody, possession or control is taken care of and is in good repair and condition.
• A public 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 for which they were not intended.
• A public officer shall return to the issuing authority all the public property in his or her custody, possession or control at the end of his or her appointment or employment
• A public officer who contravenes sub-paragraph (2) or (3) shall, in addition to any other penalties provided for under the Constitution or any other written law, be personally liable for any loss or damage of the public property.

Misuse of information

(1) A public officer shall not use or allow any person under official the officer's authority to use any information obtained through or in connection with the office, which is not available to the public, for the furthering of any private interest.

Sub-paragraph (1) shall not apply where the information is used for—

• furthering the purposes of this Code; or education, research, literary, scientific or other purposes not prohibited by law.
• Notwithstanding the generality of sub-paragraph (1), a public officer shall take all reasonable steps to ensure that confidential or secret information or documents entrusted to his or her care are adequately protected from improper or inadvertent disclosure.

Political neutrality.

(1) A public officer shall not, in the performance of his or

• her duties -act as an agent for, or further the interests of, a political party or a political candidate at an election; or manifest support for, or opposition to, any political party or political candidate at an election.
• A public officer shall remain politically neutral during his or her term of employment.
• Without prejudice to the generality of sub-paragraph (2) a public officer shall not—
• (a) engage in the activities of any political party or political candidate or act as an agent of a political party or a political candidate at an election; or

Impartiality

• (b) publicly indicate support for or opposition against any
• political party or political candidate at an election.

A public officer shall—at all times carry out his or her duties with impartiality and neutrality; and not practice favouritism, nepotism, tribalism, cronyism,religious bias or any other kind of bias or discrimination, or engage in corrupt or unethical practices.

A public officer who is serving on a full-time basis shall not participate in any other gainful employment during his term of employment.

A public officer shall not be influenced in the Offers of future performance of his or her duties by plans or expectations for or offers of future employment or benefits from any person.

former public officer/bullying

A public officer shall disclose in writing to the public entity all offers of future employment or benefits that may place him or her in a situation of a conflict of interest.

A former public officer shall not be engaged by or act for a person or in a manner in which the former officer was originally engaged in as an officer of the public entity for at least two years after his or her employment with the public entity ends.

A public officer shall not bully any person.

For the purposes of sub-paragraph (1), "bullying" shall

include offensive behavior which is vindictive, cruel, malicious or

humiliating and which is intended to undermine another person.

A public officer shall not sexually harass a member of the public or another public officer.

sexual harassment"

• (2) For the purposes of sub-paragraph (1), "sexual harassment“ shall include—
• making a request or exerting pressure for sexual activity or favours;
• making intentional or careless physical contact that is sexual in nature; or
• making gestures, noises, jokes or comments including
• innuendos regarding another person's sexuality.
• sending of sexually suggestive texts, pictures or videos

Submitting of declarations.�

A public officer shall submit any declaration or clarification required under Part IV of the Public Officer Ethics Act, 2003.

A public officer shall not—

(a) cause anything to be done through another person that would constitute a contravention of any provision of this Code if

such thing was done by the officer; or

Acting For Others

(b) allow or direct a person under his or her supervision or control to do anything that would be in contravention of this Code.

• Sub-paragraph (1)(b) shall not apply where anything is done without the officer's knowledge or consent, or where the officer has taken reasonable steps to prevent the doing of that thing.

A public officer who acts under an unlawful direction shall be personally responsible for his or her acts.

Where a public officer considers that anything required of him or her is a contravention of this Code or is otherwise improper or unethical, the officer shall report the matter to the authorized officer.

The authorized officer shall investigate the matter reported

• under sub-paragraph (1) and take appropriate action within ninety days
• of receiving the report.

• (1) On appointment to a public entity, a public officer shall A public officer to
• sign and commit to this Code in the form set out in the Fourth Schedule sign and commit to
• the Code. to this Code.
• (2) A public officer who is in service at the time of the coming
• into force of this Code shall sign and commit to this Code within seven
• days of the coming into force of this Code.
• (1) Subject to sub-paragraph (2), a breach of this Code shall Disciplinary
• be deemed to be an act of misconduct for which the public officer may procedure, etc.
• be subject to disciplinary proceedings.
• (2) Where an allegation of a breach of this Code has been made
• against a public officer in respect of whom the Constitution or a written
• law provides for the procedure of removal or dismissal, the question of
• the removal or dismissal of the public officer shall be determined in
• accordance with the Constitution or that other written law.
• (1) A person who alleges that a public officer has committed Lodging of
• a breach of this Code may notify the authorized officer of the public complaints and
• entity and the authorized officer shall register the complaint in the form
• set out in the Fifth Schedule to this Code and investigate the allegation.
• The authorized officer may assign any officer or a competent
• authority to inquire into the allegation and determine whether or not the
• public officer has contravened this Code.
• A public officer against whom an allegation has been made
• under this paragraph shall be informed of the allegation by the
• authorized officer and shall be given adequate opportunity to challenge
• the allegation.
• A person who makes an allegation against a public officer
• shall be entitled to be informed of any action taken in relation to the
• allegation.

• Where an investigation against a public officer under this
• paragraph has been initiated, and the public officer resigns his or her
• office before the investigation has been completed, the investigation
• may be continued even after the resignation of the public officer.
• Subject to any other written law, a public officer against
• whom an allegation has been made under this paragraph may be
• suspended from office while an inquiry is made regarding the
• allegation.
• The authorized officer may take disciplinary action against a
• public officer for the contravention of a provision of this Code.
• 37. If upon investigation under this Part the authorized officer is R
• civil or criminal
• for possible
• of the opinion that civil or criminal proceedings should be preferred i proceedings.
• against a public officer, the authorized officer shall refer the matter
• to—

• the Ethics and Anti-Corruption Commission;
• the Attorney-General;
• the Director of Public Prosecutions; or
• any other competent authority.

• A public officer who contravenes any provision of this Code Contravention of the
• shall be liable to disciplinary action as may be prescribed in any written Code.
• law.

• REGISTRABLE INTERESTS
• Directorships in public or private companies, whether or not remunerated
• directly or indirectly.
• Remunerated employment, including office, trade, professional, or vocational,
• or in which the public officer has any pecuniary interest.
• Securities (shares, bonds, debentures or other similar holding) in a company,
• enterprise or undertaking the aggregate, nominal or market of a value which
• exceeds the value prescribed by the public entity.
• Contracts for supply of goods and services to the public entity.
• Offers of future employment.
• Shareholdings in public or private companies amounting to a controlling
• interest.
• Landholdings.
• Gifts, benefits and hospitality, including to a spouse, child, partner or business
• associate, or other material benefit of a value prescribed by the public entity
• from a company, organisation or person within or outside Kenya which relates
• to the public office.
• Pending civil claims against the public officer.
• Pending criminal charges against the public officer.
• Citizenship of another country.

…

tukomeshe ufisadi…

Thank you,