Chapter 6 · Leadership and Integrity · Kenya Constitution Course

Chapter Six establishes leadership as a public trust and sets standards for ethics, accountability, and integrity in public office.

In the classroom: Chapter Six covers Articles 73–80: public trust and guiding principles, oath of office, conduct and financial probity, restrictions on other employment and party office, citizenship rules for State office, the ethics and anti-corruption commission, and legislation to implement the chapter.

Articles 73–80 — Public trust, conduct, restrictions, citizenship, and enforcement

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THE CONSTITUTION OF KENYA, 2010 — Chapter 6
Extracted from: constitution/Constitution_of_Kenya_2010.txt
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                                             Chapter Six
                                      LEADERSHIP AND INTEGRITY

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


75. Conduct of State ofﬁcers
       (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

              (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 speciﬁed in clause (2) is disqualiﬁed from holding any other State ofﬁce.


76. Financial probity of State ofﬁcers
       (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.


77. Restriction on activities of State ofﬁcers
       (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).


78. Citizenship and leadership
       (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. Legislation to establish the ethics and anti-corruption commission
      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. Legislation on leadership
      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 referred to in this Chapter, and the enforcement of this Chapter.

Article 73 — Responsibilities of leadership

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

Article 74 — Oath of office of State officers

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

Article 75 — Conduct of State officers

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:
1. any conflict between personal interests and public or official duties;
2. compromising any public or official interest in favour of a personal interest; or
3. demeaning the office the officer holds.
A person who contravenes clause (1), or Article 76, 77 or 78(2):
1. shall be subject to the applicable disciplinary procedure for the relevant office; and
2. may, in accordance with the disciplinary procedure referred to in paragraph (a), be dismissed or otherwise removed from office.
A person who has been dismissed or otherwise removed from office for a contravention of the provisions specified in clause (2) is disqualified from holding any other State office.

Article 76 — Financial probity of State officers

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

Article 77 — Restriction on activities of State officers

A full-time State officer shall not participate in any other gainful employment.
Any appointed State officer shall not hold office in a political party.
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:
1. a company owned or controlled by the State; or
2. a State organ.
A retired State officer shall not receive remuneration from public funds other than as contemplated in clause (3).

Article 78 — Citizenship and leadership

A person is not eligible for election or appointment to a State office unless the person is a citizen of Kenya.
A State officer or a member of the defence forces shall not hold dual citizenship.
Clauses (1) and (2) do not apply to:
1. judges and members of commissions; or
2. any person who has been made a citizen of another country by operation of that country's law, without ability to opt out.

Article 79 — Legislation to establish the ethics and anti-corruption commission

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.

Article 80 — Legislation on leadership

Parliament shall enact legislation:

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

Leadership and Integrity

✎ Multiple Choice — 10 Questions