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Kenyan Constitution: Chapter Six, Leadership and Integrity, Article 76 to 80

Article 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.

Article 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).

Article 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 defense 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.

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–

(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

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

 

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