STANLEY KIMANTHI MBITHI

C01/0324/2017

DR JUSTIN MAGUTU

CPS 241

INTRODUCTION TO PUBLIC
ADMINISTRATION
 HOW PUBLIC OFFICER CODE OF CONDUCT AND ETHICS MAY BE USED
TO CURB CORRUPTION IN KENYA

In the establishment of specific codes each commission should establish a specific code
of conduct and ethics for the public officers for which it is the responsible commission. The
specific code established by a commission should include all the requirements in the general
code of conduct and ethics.it should include the requirements beyond what is required under the
general code of conduct and ethics and set out how any requirement of the specific or general
code may be satisfied.no requirement should be included in a specific code that would infringe
any independence of a public officer provided for by the constitution or an act and any
requirement of the specific code or in the general code of conduct and ethics is of no effect to the
extent that it would do so. Until a commission has established a specific code, the general code
of conduct and ethics shall apply as though it were the specific code established by the
commission. Each commission should publicize specific code of contact and ethics established
by it in the gazette within ninety day after the commencement of the act that is prescribed by its
regulation. The general code of contact for a public officer includes the following;

1. A public officer should to the best of his ability carry out his duties and ensure that the
services he provides are provided efficiently and honestly.
2. A public officer should carry out his duties in a way that maintains public confidence in
the integrity of his office.
3. A public officer should treat the public and his fellow public officers with courtesy and
respect.
4. A public officer should to the extent appropriate to his office seek to improve the
standards of performance and level of professionalism in his organization.
5. A public officer should, if a member of a professional body, observe the ethical and
professional requirements for that body.
6. A public officer should observe the working hours and not be absent without proper
authorization or reasonable cause. He should maintain appropriate standards of dress and
personal hygiene and he should discharge any professional duties in the professional
manner.
 A public officer should carry out his duties in accordance with the law. In carrying out
his duties, a public officer should not violate rights and freedom of any person.

A public officer should not use his office to improperly enrich him or others. A public
officer should not accept or request gifts or favors from a person who has an interest that may be
affected by the carrying out or not carrying out of the public officer duties. A person who carries
on regulated activities with respect to which the public officer’s organization has a role or has a
contractual or similar relationship with the public officer’s organization.

A public officer should not improperly use his office to acquire land or other property for
himself or another person whether or not the land or property is paid for or the personal benefit
of him or another use or allow the use of information that is acquired in connection with the
public officer’s duties and that is not public.

A public officer may accept a gift given to him in his official capacity but unless the gift
is a non-monetary gift that does not exceed the value prescribed by regulation, such a gift should
be deemed to be a gift to the public officer’s organization.

A public officer should not hold shares or have any other interest in a corporation,
partnership of other body, directly or through another person, if holding those shares or having
that interest would result in the public officer’s personal interest conflicting with his official
duties.

A public officer should not award a contract or influence the award of a contract to
himself, a spouse or a relative, a business associate or corporation, partnership or other body in
which the officer has an interest. The regulations may govern when the personal interest of the
public officer conflicts with his official duties. The personal interest includes the interest of a
spouse, relative or a business associate.

A public officer should not use his office or place of work as a venue soliciting or fund
raising or either as a collector or promoter of a public collection, obtain money or other property
from a person by using his official position in any way to exert pressure. A public officer shall
take all reasonable steps to ensure that property is entrusted to his care and is adequately
protected and not misused or misappropriated. A public officer shall not in r in connection with
the performance of his duties as such act as an agent for or as to further the interest of a political
party or indicate support for or opposition to any political party or candidate in an election. A
public officer should not engage in political activity that may compromise or be seen to
compromise the political neutrality of his office.

A public officer should not practice nepotism or favoritism. A public officer who has a
duty to give advice should give honest and impartial advice without fear or favor. A public
officer should not knowingly give false or misleading information to members of the public or to
any public officer. He should contact his private affairs in a way that maintains public confidence
in the integrity of his office and that a public officer should not evade taxes. He should not
neglect his financial obligations or neglect to settle them.

The responsible commission for a public officer may investigate to determine whether the
public officer has contravened the code of conduct and ethics. An investigation may be made on
the commissions own initiative or pursuant to a complaint by any person. The commission may
refer a matter to another appropriate body for investigation and that body should investigate the
matter within a reasonable time and submit a report to the commission on its findings. An
investigation may be conducted even if the subject of the investigation has ceased to be a public
officer.

If an investigation discloses that the public officer has contravened the code of conduct
and ethics the responsible commission should within the time period take the appropriate
disciplinary action or if the responsible commission does not have the power to take the
appropriate disciplinary action refer the matter to a body that has that power. The time period is
within thirty days after the completion of the investigation or if another body investigated the
matter within thirty days after the responsible commission receives the report of that day.

A public officer should not without justification or lawful excuse, abstract, hinder assault
or threaten a person undertaking his or her duties, deceive or knowingly mislead the commission,
a public entity or a person undertaking his or her duties, destroy, alter conceal or remove
documents, records or evidence that the person believes has grounds to believe may be relevant
to an investigation or proceedings or provide false information to the commission, a public entity
or a person acting under this act.
 A person who commits an offence and is liable on conviction to a fine not exceeding five
million Kenya shillings or to imprisonment to a term not exceeding five years or both. A person
who is convicted of an offence under this act for which no penalty is expressly provided shall be
liable to conviction to a fine not exceeding five hundred thousand shillings or to imprisonment
for a term not exceeding three years or both.

Where a public officer is proven to have obtained any property in breach of the act, the
state officer shall subject to any appeal which the officer may make, forfeit the property and the
property shall be held by the commission or by an agent appointed by the commission in trust
for the republic until it is lawfully disposed off. A state officer who does not comply with the
provisions of the act and commits an offence is fined. The rate of interest on any property or
money irregularly obtained should not be less than the prevailing lending rates and should be
payable with effect from the day such property or money was obtained. The public officers of the
commission or public entity should be protected.

No civil or criminal liabilities shall attach to any officer of the commission or public
entity acting on the instructions of the chief executive officer of a public entity for anything
down in good faith by that officer performance of the duties. The independent review panel
should inquire into the alleged contravention or violation committed by a member of the
commission, regulations made shall apply to the disciplinary procedures.

A person who is dissatisfied with the decision of the independent review panel may apply
for a review within fifteen days from the date of the decision. For regulation purposes, the
commission should make regulations for the better carrying out of the provision of the act. The
commission may make regulations to prescribe the limitations on the types of the gifts that a
state officer should receive.
 References

Cooper, T. L. (1991). An ethic of citizenship for public administration. Prentice Hall.

Frederickson, H. G., & Rohr, J. A. (2015). Ethics and public administration. Routledge.

Gilman, S. C. (2005). Ethics codes and codes of conduct as tools for promoting an ethical and
professional public service: Comparative successes and lessons. Washington DC.

Gilman, S. C., & Lewis, C. W. (1996). Public service ethics: A global dialogue. Public
administration review, 517-524.

Pelletier, K. L., & Bligh, M. C. (2006). Rebounding from corruption: Perceptions of ethics
program effectiveness in a public sector organization. Journal of Business Ethics, 67(4),
359-374.