Professional Documents
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code of ethics 2018-converted march 2019
code of ethics 2018-converted march 2019
code of ethics 2018-converted march 2019
OCTOBER, 2018
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Contents
FOREWORD .........................................................................................................................................................
4 PART I — PRELIMINARY
..................................................................................................................................... 5
1.0. INTRODUCTION: .................................................................................................................................... 6
1.2. Objectives ................................................................................................................................................
6
1.3 Purpose ........................................................................................................................................................
7
1. 4.Information and Resources ......................................................................................................................
7 PART II — REQUIREMENTS
................................................................................................................................ 8
2. 0.Compliance with General Code ..............................................................................................................
8
2.1 Prohibition against standing for election ..............................................................................................
8
2.1.2 Responsibility to organization and Chief Executive Officer ..........................................................
8
2.1.4. Private affairs -outside activities ......................................................................................................
8
2.1.5.Private affairs -financial dealings .......................................................................................................
9
2.1.6. Gifts .........................................................................................................................................................
9
2.1.7. Bank Accounts outside Kenya ...........................................................................................................
10
2.1.8. Public Collections/Harambees .........................................................................................................
10
2.1.9. Confidentiality ......................................................................................................................................
10
2.10. Breach of Code .....................................................................................................................................
10
3.1 Public Trust ...............................................................................................................................................
11
3.2. Responsibility and duties ......................................................................................................................
11
3.3 Performance of duties ............................................................................................................................
11
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3.4. Professionalism .......................................................................................................................................
11
3.5 Rule of law ................................................................................................................................................
12
3.6 Conflict of interest ..................................................................................................................................
12
3.7. Acting for foreigners ..............................................................................................................................
13
3.8. Care of property .....................................................................................................................................
13
3.9. Impartiality ..............................................................................................................................................
13
4.0. Giving of advice ......................................................................................................................................
13
4.1. Wrongful or unlawful acquisition of property ...................................................................................
14
4.2. Misleading the public, etc. ...................................................................................................................
14
4.3. Sexual Harassment ................................................................................................................................
14
4.4. Offers of future employment ...............................................................................................................
14
4.5. Former employee of ICT Authority acting in a Government or public entity matter ...............
14
4.6. Falsification of records .......................................................................................................................
14
4.7. Tax, financial and legal obligations ....................................................................................................
14
4.8. Bullying .....................................................................................................................................................
15
4.9.Selection of An employee of ICT Authority .........................................................................................
15
5.0. Submitting of declarations ...................................................................................................................
15
5.1. Acting through others ............................................................................................................................
15
5.2. Reporting improper orders ...................................................................................................................
15
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5.3. Official Secrets .......................................................................................................................................
15
5.4. Enforcement of the Code ......................................................................................................................
16
5.5. Reporting/ Complaint Procedures .......................................................................................................
16
5.6. Investigations .........................................................................................................................................
17
5.7. Disciplinary action.................................................................................................................................
17
5.8. Referral for possible civil or criminal proceedings...........................................................................
17
5.8. Review ......................................................................................................................................................
18
5.9. CONCLUSION ............................................................................................................................................
18
APPENDICEs ......................................................................................................................................................
19
Appendix 1 ................................................................................................................................................... 19
Appendix 2 ................................................................................................................................................... 20
Appendix 3 (Form C) ....................................................................................................................................
21
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FOREWORD
The ICT Authority has an important role to play in enhancing the economic growth and
development of the country. In order to achieve this, it is necessary that services are
rendered to the public and stakeholders in an effective and efficient manner. The
management is committed to develop and promote standards and best practices in
integrity in the work place.
This Code contains rules of conduct and ethics to be observed by employees’ of ICT
Authority so as to maintain the integrity and impartiality of the Authority. The Code does
not in any way replace the regulations governing the discipline and general conduct of
employee of ICT Authority ICT Authority officers must obey those regulations and all other
applicable laws.
Officers should adhere to this Code so as not to bring the Authority into disrepute. I am
therefore calling on all of us to nurture and maintain a culture of good ethics and integrity
at all times.
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PART I — PRELIMINARY
Citation
1. This Code may be cited as the ICT Authority Code of Conduct and Ethics.
Interpretation
2. In his Code, “A public Officer” means—
(ii) any person, other than a State Officer, who holds a public office.
3. In this Code, “Act” means— The Leadership and Integrity Act, 2012
Application of Code
4. This Code applies with respect to the employees of ICT Authority.
1.0. INTRODUCTION:
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A code of Conduct can be defined as generally accepted rules that govern and regulate
behaviour relationships and actions of members of organization. The word Ethics is derived
from the Greek word “Ethika” from Ethos, character , customs, principles of human
conduct sometimes called morals,. Code of ethics lays down what is acceptable and
unacceptable in an organization. The code also provides penalties in case of breach.
The Code of Conduct and Ethics contains general rules to be observed by employees of ICT
Authority so as to maintain integrity and loyalty to the Government of Kenya and also
uphold the dignity of the public office to which one has been appointed. It should be borne
in mind that each employee of ICTA occupies a special position and ought to be proud of
that position and ensure that his conduct both in public and in private life does not bring
the ICTA into disrepute. It is therefore imperative that every member of staff adheres to
these guidelines of conduct and ethics, and such other rules which may be promulgated by
the Board from time to time.
It is important to note that ICTA has been communicating on issues of employee conduct
and ethics through memos/Circulars. This Code provides the procedures and general
guidelines which will address gaps identified in past practices and the emerging issues
brought about by the dynamic changes in the Public Sector.
The Purpose of this Code of Ethics is to socialize and promote the culture of ethical values
in the practice and realization of the ICTA vision, mission, mandate and core values. Ethics
promote standards by:
iii. Guiding choice among alternatives, and giving rational direction on course of
action.
This Code, therefore, is intended to guide the conduct of all employees of ICTA in their
day to day activities.
1.2. Objectives
The objectives of this Code are to;
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i. Foster and maintain public trust and confidence in the integrity and professionalism
of ICT Authority employees.
iv. Serve customers in a timely manner and in accordance with the law and Service
Charter.
v. Ensure that employees carry out their work in an ethical, collegial environment and
perform their duties with efficiency, fairness, impartiality and honesty
1.3 Purpose
The purpose of this Code is to enhance ethical conduct and integrity of employees at the
ICT Authority. Its purpose is to affirm that the Authority expects that those who carry out
work and related activities for the Authority will observe the highest standards of conduct
and probity.
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PART II — REQUIREMENTS
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iii. Subject to subsection (iv), an employee of ICT Authority who is serving on a full
time basis shall not participate in any other gainful employment.
iv. In this section, “gainful employment” means work that a person can pursue and
perform for money or other form of compensation or remuneration which is
inherently incompatible with the responsibilities of the public office or which
results in the impairment of the judgment of the An employee of ICT Authority in
the execution of the functions of the public office or results in a conflict of interest.
2.1.6. Gifts
i. A gift or donation given to a An employee of ICT Authority on a public or official
occasion shall be treated as a gift or donation to the State.
ii. Notwithstanding subsection (i), a An employee of ICT Authority may receive a gift
given to the An employee of ICT Authority in an official capacity, provided that —
(a) The gift is within the ordinary bounds of propriety, a usual expression of courtesy
or protocol and within the ordinary standards of hospitality;
(b) The gift is not monetary; and
(c) The gift does not exceed such value as may be prescribed by the
Commission in the regulations.
iii. Without limiting the generality of subsection (ii), An employee of ICT Authority shall
not—
(a) accept or solicit gifts, hospitality or other benefits from a person who —
1) Has an interest that may be achieved by the carrying out or not carrying out
of the An employee of ICT Authority’s duties;
2) Carries on regulated activities with respect to which the An employee of ICT
Authority’s organization has a role; or
3) Has a contractual or legal relationship with the An employee of ICT Authority's
organization;
(b) Accept gifts of jewelry or other gifts comprising of precious metal or stones,
ivory or any other animal part protected under the Convention on International Trade in
Endangered Species of Wild Fauna and Flora; or
(c) Any other type of gift specified by the Commission in the regulations. iv. An
employee of ICT Authority shall not receive a gift which is given with the intention of
compromising the integrity, objectivity or impartiality of the State officer.
v. Subject to subsection (ii), an employee of ICT Authority who receives a gift or donation
shall declare the gift or donation to the Authority
vi. ICT Authority shall keep a register of;
(a) Gifts received by a An employee of ICT Authority serving in the public entity; and
(b) Gifts given by the public entity to other An employee of ICT Authority.
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vii.The Authority shall make and publicize regulations regarding receipt and disposal of
gifts under this section.
2.1.7. Bank Accounts outside Kenya
An employee of ICT Authority shall not—
i. Maintain a bank account outside Kenya except with approval of Ethics and
Anticorruption Commission or in accordance with an Act of Parliament;
Or
ii. Seek or accept a personal loan or benefit in circumstances that compromise the
integrity of the an employee of ICT Authority.
2.1.9 Confidentiality
An employee of ICT Authority shall ensure that confidential or secret information or
documents entrusted to his/her care are adequately protected from improper or
inadvertent disclosure.
He/She shall not use or disclose any official information for personal gain or gain for others.
It would be for example wrong for an employee of ICTA to supply confidential information
or divulge any information that is kept on personal records of employees.
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PART III - GENERAL CODE OF CONDUCT AND ETHICS
3.4. Professionalism
An employee of ICT Authority shall—
i. Carry out his/her duties in a way that maintains public confidence in the integrity
of his/her office;
ii. Treat the public and his/her fellow employee of ICT Authority with courtesy and
respect;
v. Observe official working hours and not be absent without proper authorization or
reasonable cause;
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vi. Maintain an appropriate standard of dress and personal hygiene; Should always be
neat and respectable
vii. Shall be honest and accountable in dealing with the public funds and use of public
service property and other resources efficiently, effectively and for the
authorized official purposes
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vi. Where an employee is present at a meeting where an issue that is likely to result
in a conflicting interest is to be discussed , he or she shall declare the interest at
the beginning of the meeting or before or before the issue is deliberated upon.
vii. A declaration of interest shall be recorded in the minutes of that meeting
viii. ICT Authority shall maintain a register of conflicts of interests in the form
appended in this document, the affected officer shall register the particulars of
registerable interests, stating the nature and extent of conflict.
ix. The register of conflicts shall be kept for five years after which the entry in each
volume of the register.
x. Officers shall amend the record of his/her registrable interest in the register
maintained 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.
xi. The employee shall in his/her private capacity participate in a tender for the
supply of goods or services to the public entity in which he/she serves
3.9. Impartiality
An employee of ICT Authority shall, at all times, carry out the duties of the office with
impartiality and objectivity in accordance with Articles 10, 27, 73(2)(b) and 232 of the
Constitution and shall not practice favouritism, nepotism, tribalism, cronyism, religious
bias or engage in corrupt or unethical practices.
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4.1. Wrongful or unlawful acquisition of property/Financial Integrity
An employee of ICT Authority shall not use the office to wrongfully or unlawfully influence
the acquisition of property/wrongfully enrich himself/herself or any other person The
employees shall live within their means and shall not incur any financial liability that he
or she cannot satisfy
4.5. Former employee of ICT Authority acting in a Government or public entity matter
A former employee of ICT Authority shall not be engaged by or act for a person or entity
in a matter in which the officer was originally engaged in as a An employee of ICT Authority,
for at least two years after leaving the Public office.
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5.4. Enforcement of the Code
ii. The Board of Directors shall have the ultimate responsibility for enforcement
of this Code at all levels of the Authority.
iii. The Top Management shall ensure that this Code is implemented and enforced
at all levels of the Authority
iv. The Heads of Department/ Section have the delegated responsibility for
enforcement of this Code at their respective levels.
vi. All individual staff members, service providers and other stakeholders shall
carry out their activities in the spirit and letter of this Code.
vii. Where a staff member fails to observe any of the above provisions or where a
staff member has committed, whether directly or by agent, a breach of this
Code appropriate action shall be taken by the Disciplinary Committee in
consultation with the Board, Top Management, Heads of
Department/ Section, the HRM Department and the Integrity Committee;
a) The Disciplinary Committee shall deal with the issue based on facts
presented to it. Penalties for misconduct will include, but not limited to
verbal reprimanding, written caution, written warning, suspension from
service and dismissal from the service of ICT Authority.
b) Failure to follow the guidance given in this Code may not itself constitute
misconduct, but it means that the staff member concerned may have to
justify his or her actions to the MPUC Disciplinary Committee.
c) The Management will at all times inquire into apparent failure by staff to
observe ethical requirements and may refer the matter to the
Disciplinary Committee.
Any breach of the provisions of this Code shall be reported in writing by either
the staff member, customer or another stakeholder. The report shall specify
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the nature of the complaint, the dates and actual place where the incident took
place.
i. If the matter is a complaint, or the individual wishes to maintain
confidentiality in relation to the complaint, the Chairman of the Public
Complaints Steering Committee may be contacted. If the issue being
reported is a matter concerning the integrity of an employee, the PCSC
shall inform the Integrity Committee accordingly.
iii. The first point of contact for individual members of staff shall be their
HOD/ COD. Alternatively, they may contact the HRM office in order to
discuss issues in general terms.
iv. Upon receipt of the complaint, a reply shall be written to the complainant
and copied to the accused.
v. In all situations, investigations shall be carried out within thirty (30) days
and the parties involved shall be informed in writing.
vi. Where a case has been established against the employee, the Disciplinary
Committee shall be convened and expected to give its recommendations
on the issue within another thirty (30) days.
5.6. Investigations
i. The Authority will investigate to determine whether the An employee of ICT
Authority has contravened the Code of Conduct and Ethics.
ii. An investigation may be made on the Authority’s own initiative or pursuant
to a complaint by any person.
iii. The Authority may refer a matter to another appropriate body for
investigation and that body shall investigate the matter within a reasonable
time and submit a report to the Authority on its findings. iv. An investigation
may be conducted even if the subject of the investigation has ceased to be
a An employee of ICT Authority.
5.7. Disciplinary action
If an investigation discloses that the employee has contravened the Code of
Conduct and Ethics, the Authority shall, within the time period prescribed:-
a) take the appropriate disciplinary action; or
b) if the Authority does not have the power to take the appropriate disciplinary
action, refer the matter to a body or person who does have that power.
(The Authority shall inform the An employee of ICT Authority concerned of any
action it takes or intends to take under subsection (i) either before it takes
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the action or within thirty days after it does so. 5.8. Referral for possible
civil or criminal proceedings
If, as a result of an investigation under this Part, the Authority is of the view
that civil or criminal proceedings ought to be considered, the Authority shall
refer the matter to the Attorney-General or other appropriate authority.
5.9. Review
This Code of conduct and ethics may be reviewed from time to time and when need arises
but shall be reviewed after once every three(3)years.
6.0 CONCLUSION
This Code provides the general rules of conduct and ethics to be observed by employees
of ICT Authority so as to maintain integrity and also uphold the dignity of the public
office to which they have been appointed. It is not expected to be punitive but rather to
maintain those standards of behavior expected of staff members of ICT Authority during
service provision.
The success of this Code will depend on the commitment of Authority and its employees.
This means that this Code will be implemented by the collective and coordinated
activities of the, the Management Board, the Integrity Committee, CODs/HODs and
employees. While we understand that the success of this Code will be dependent on its
enforcement, it is also hoped that all staff members will be sensitized accordingly to
ensure its ease of implementation.
Signed by:
……………………………………
Chief Executive Officer
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APPENDICES
Appendix 1
(Form A)
Declaration of conflict of interest
Part A- Declaration (to be completed by staff member)
To: (Approving Authority)…………………………………………………………..
I would like to report the following existing/ potential* conflict of interest situation arising
during the discharge of my official duties:
1. Persons/ companies with whom/ which I have official dealings and/ or personal interest
(a) ……………………………………………………………………………….. (b)
………………………………………………………………………………..
(c) ………………………………………………………………………………..
(d) ………………………………………………………………………………..
2. Brief description of my duties which involve the persons/ companies mentioned above
and these are the areas of real/ possible conflict of interest.
(a) …………………………………….................................
(b) ……………………………………………………………………………….
(c) ……………………………………………………………………………….
(d) ……………………………………………………………………………….
…………………………………………………………… …………………………………………………
Date Name of declaring staff member
Title/ Department
Part B- Acknowledgment (to be completed by approving authority)
………………………………………………………….. ……………………………………………………….
Date Name of approving authority
Title/ Department
*Please delete as appropriate
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Appendix 2
(Form B)
Report of gifts received
Part A- Declaration (to be completed by member)
To: (Approving authority)………………………………………………………………………………….
Description of offer………………………………………………………………………………………….
Name and title of giver…………………………………………………………………………………….
Company…………………………………………………………………………………………………………….
Relationship (Business/ Personal)……………………………………………………………………… Occasion
on which the gift was/ is to be received……………………………………………..
Assessed value of gift………………………………………………………………………
Suggested method of disposal (Please tick one)
Retained by receiving staff □
Retained for display/ souvenir in the office □
Shared among the officers □
Reserve as luck draw prize at staff function □
Donate to charitable organization □
Return to provider □
Others (specify) □
……………………………………………….. …………………………………………………….
Date Name of receiving staff
Title/ Department
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