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Constitution

Kenyan Constitution: Chapter Six, Leadership and Integrity, Article 73 to 75

BY Juma · August 22, 2016 08:08 am

Article 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, favoritism, 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.

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 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

(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.

Read: Kenyan Constitution: Chapter Five, Part 2, Article 69 to 72

Juma is an enthusiastic journalist who believes that journalism has power to change the world either negatively or positively depending on how one uses it.(020) 528 0222 or Email: info@sokodirectory.com

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