CHAPTER 6 KENYA CONSTITUTION – LEADERSHIP AND INTEGRITY

Responsibilities of Public Officers

73. (1) Authority assigned to a State officer –

(a) is a public trust to be exercised in a manner that
(i) is consistent with the purposes and objects of this Constitution;
(ii) demonstrates respect for the people;
(iii) brings honour to the nation and dignity to the office; and
(iv) promotes public confidence in the integrity of the office; and
(b) vests in the State officer the responsibility to serve the people, rather than the power to rule them.
(2) The guiding principles of leadership and integrity include –
(a) selection on the basis of personal integrity, competence and suitability, or election in free and fair elections;
(b) objectivity and impartiality in decision making, and in ensuring that decisions are not influenced by nepotism, favouritism, other improper motives or corrupt practices;
(c) selfless service based solely on the public interest demonstrated by-
(i) honesty in the execution of public duties; and
(ii) the declaration of any personal interest that may conflict with public duties;(d) accountability to the public for decisions and actions; and
(e) discipline and commitment in service to the people.

74. Before assuming a State office, acting in a State office, or performing any functions of a State office, a person shall take and subscribe the oath or affirmation of office, in the manner and form prescribed by the Third Schedule or under an Act of Parliament.

75. (1) A State officer shall behave, whether in public and official life, in private life, or in association with other persons, in a manner that avoids-

(a) any conflict between personal interests and public or official duties;
(b) compromising any public or official interest in favour of a personal interest; or
(c) demeaning the office the officer holds.

(2) A person who contravenes clause (1), or Article 76, 77 or 78(2) –

(a) shall be subject to the applicable disciplinary procedure for the relevant office; and/p>
(b) may, in accordance with the disciplinary procedure referred to in paragraph (a), be dismissed or otherwise removed from office.

(3) A person who has been dismissed or otherwise removed from office for a contravention of the provisions mentioned in clause (2) is disqualified from holding any other State office.

Financial probity of State officers.

76. (1) A gift or donation to a State officer on a public or official occasion is a gift or donation to the Republic and shall be delivered to the State unless exempted under an Act of Parliament.

(2) A State officer shall not-
(a) maintain a bank account outside Kenya except in accordance with an Act of Parliament; or
(b) seek or accept a personal loan or benefit in circumstances that compromise the integrity of the State officer.


Restriction on activities of State officers.
77. (1) A full-time State officer shall not participate in any other gainful employment.

(2) Any appointed State officer shall not hold office in a political party.
(3) A retired State officer who is receiving a pension from public funds shall not hold more than two concurrent remunerative positions as chairperson, director or employee of-
(a) a company owned or controlled by the State; or
(b) a State organ.
(4) A retired State officer shall not receive remuneration from public funds other than as contemplated in clause (3).


Citizenship and leadership.
78. (1) A person is not eligible for election or appointment to a State office unless the person is a citizen of Kenya.

(2) A State officer or a member of the defence forces shall not hold dual citizenship.
(3) Clauses (1) and (2) do not apply to-
(a) judges and members of commissions; or
(b) any person who has been made a citizen of another country by operation of that country’s law, without ability to opt out.

79. Parliament shall enact legislation to establish an independent ethics and anti-corruption commission, which shall be and have the status and powers of a commission under Chapter Fifteen, for purposes of ensuring compliance with, and enforcement of, the provisions of this Chapter.

80. Parliament shall enact legislation-

(a) establishing procedures and mechanisms for the effective administration of this Chapter;
(b) prescribing the penalties, in addition to the penalties referred to in Article 75, that may be imposed for a contravention of this Chapter;
(c) providing for the application of this Chapter, with the necessary modifications, to public officers; and
(d) making any other provision necessary for ensuring the promotion of the principles of leadership and integrity mentioned in this Chapter, and the enforcement of this Chapter.

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