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LEADERSHIP CODE ACT.<\/a>\n<\/p>\n
ARRANGEMENT OF SCETIONS<\/b>\n<\/p>\n
<\/b> Section\n<\/p>\n
PART I
PRELIMINARY.\n<\/p>\n
<\/b> 1.<\/b> Short title.\n<\/p>\n <\/b> 2.<\/b> Interpretation.\n<\/p>\n PART II <\/b> 3.<\/b> Enforcement and functions of Inspectorate.\n<\/p>\n <\/b> 4.<\/b> Declaration of income, assets and liabilities.\n<\/p>\n <\/b> 5.<\/b> Power of the Inspector General to require clarification etc.\n<\/p>\n <\/b> 6.<\/b> Failure to submit correct information.\n<\/p>\n <\/b> 7.<\/b> Declaration to be public.\n<\/p>\n PART III <\/b> 8.\u20139.<\/b> [Repealed].\n<\/p>\n <\/b> 10.<\/b> Gifts or benefits in kind.\n<\/p>\n <\/b> 11.<\/b> Prohibited conduct.\n<\/p>\n <\/b> 12.<\/b> Prohibited contracts.\n<\/p>\n <\/b> 13.<\/b> [Repealed].\n<\/p>\n <\/b> 14.<\/b> Misuse of official information.\n<\/p>\n <\/b> 15.<\/b> General prohibited conduct.\n<\/p>\n PART IV <\/b> 16.<\/b> Future employment.\n<\/p>\n <\/b> 17.<\/b> Upon vacation of office.\n<\/p>\n PART V <\/b> 18.<\/b> Lodging of complaints.\n<\/p>\n <\/b> 19.<\/b> Report of Inspectorate.\n<\/p>\n <\/b> 20.<\/b> Action on report of Inspectorate.\n<\/p>\n <\/b> 21.<\/b> Forfeiture and compensation.\n<\/p>\n <\/b> 22.<\/b> Special powers of Inspector General.\n<\/p>\n <\/b> 23.<\/b> Powers of Inspectorate to hear evidence etc.\n<\/p>\n <\/b> 24.<\/b> Protection of informers and witnesses.\n<\/p>\n <\/b> 25.<\/b> Procedure of Inspectorate.\n<\/p>\n <\/b> 26.<\/b> Inspectorate to observe rules of natural justice.\n<\/p>\n <\/b> 27.<\/b> Witnesses allowances.\n<\/p>\n <\/b> 28.<\/b> Inspectorate to award costs.\n<\/p>\n <\/b> 29.<\/b> Application of other powers of Inspectorate.\n<\/p>\n PART VI <\/b> 30.<\/b> Inspection of bank accounts.\n<\/p>\n <\/b> 31.<\/b> Action against certain leaders.\n<\/p>\n <\/b> 32.<\/b> Action against Chief Administrative Officer and Town Clerk.\n<\/p>\n <\/b> 33.<\/b> Appeals.\n<\/p>\n <\/b> 34.<\/b> Protection of officers of Inspectorate.\n<\/p>\n <\/b> 35.<\/b> Penalties for breach of Code.\n<\/p>\n <\/b> 36.<\/b> Offences.\n<\/p>\n <\/b> 37.<\/b> Annual report.\n<\/p>\n <\/b> 38.<\/b> Regulations.\n<\/p>\n <\/b> 39.<\/b> Amendment of Schedules.\n<\/p>\n <\/b> 40.<\/b> Repeal.\n<\/p>\n \n <\/b> <\/b> First Schedule.<\/i><\/b> Currency point\n<\/p>\n <\/b> <\/b> Second Schedule.<\/i><\/b> Leaders.\n<\/p>\n <\/b> <\/b> Third Schedule.<\/i><\/b> Leaders not allowed to conduct certain businesses.\n<\/p>\n \n LEADERSHIP CODE ACT.\n<\/p>\n <\/b> An Act to provide for a minimum standard of behaviour and conduct for leaders; to require leaders to declare their incomes, assets and liabilities; to put in place an effective enforcement mechanism and to provide for other related matters.<\/b>\n<\/p>\n \n Commencement:<\/i> 12 July, 2002.<\/p>\n \n PART I \n <\/a>1.<\/b> Short title.\n<\/p>\n <\/b> This Act may be cited as the Leadership Code Act.<\/p>\n \n <\/a>2.<\/b> Interpretation.\n<\/p>\n <\/b> (1) In this Code unless the context otherwise requires\u2014\n<\/p>\n <\/b> “agent”<\/b> in relation to the business or affairs of a leader, means a person whose decisions or acts are such that they are, in essence made or done by the leader himself or herself; or the person who manages and controls the business or affairs of which the leader is the principal beneficiary.\n<\/p>\n <\/b> “asset”<\/b> means a thing owned by a person such as property, which has value and can be sold or used to pay a debt;\n<\/p>\n <\/b> “authorised person”<\/b> means a person or body authorised by law to discipline the leader in relation to whom the expression is used;\n<\/p>\n <\/b> “benefit”<\/b> includes a gift, payment, subscription, advance, loan, commission, forbearing, gratuity or favour whether monetary or in kind, rendering services, or deposit of money or anything of value including food, lodging, transportation or entertainment or reimbursement;\n<\/p>\n <\/b> “child”<\/b> means a person under 18 years of age;\n<\/p>\n <\/b> “conflict of interest”<\/b> refers to a situation where a leader has got to make a decision between his or her personal interest and public interest;\n<\/p>\n <\/b> “currency point”<\/b> means the value of a currency point specified in the First Schedule;\n<\/p>\n <\/b> “declaration”<\/b> means a declaration of income, assets and liabilities required to be submitted by every leader under section 4 of this Code;\n<\/p>\n <\/b> “dependant”<\/b> means a person whose means of support is partially or wholly from a leader;\n<\/p>\n <\/b> “foreign”<\/b> When used in relation to any body of persons or organisation, means any such body or organisation the controlling interest of which is held by persons who are not citizens of Uganda or are not Government or public bodies and also includes a body of persons or organisation not incorporated or registered in Uganda although the controlling authority in it is held by persons who are citizens of Uganda;\n<\/p>\n <\/b> “Government”<\/b> includes a local government;\n<\/p>\n <\/b> “Inspector General”<\/b> means the Inspector General of Government, established by article 223 of the Constitution;\n<\/p>\n <\/b> “leader”<\/b> means a person holding or acting in any of the offices specified in the Second Schedule;\n<\/p>\n <\/b> “liability”<\/b> means a debt or financial obligation;\n<\/p>\n <\/b> “Minister”<\/b> means the Minister responsible for ethics and integrity;\n<\/p>\n <\/b> “public body”<\/b> means Parliament, a statutory corporation, commission, board, council, authority, or other body in which the Government has an interest, a cooperative union registered under the Cooperative Societies Act, any body in which a public body has an interest and such other body as the Minister may, by regulations made under section 38 of this Code prescribe;\n<\/p>\n <\/b> “spouse”<\/b> means a wife or husband.\n<\/p>\n <\/b> (2) The provisions of this Code shall constitute the Leadership Code of Conduct under Chapter Fourteen of the Constitution.<\/p>\n \n PART II \n <\/a>3.<\/b> Enforcement and functions of Inspectorate.\n<\/p>\n <\/b> (1) The Inspectorate shall enforce this Code.\n<\/p>\n <\/b> (2) In enforcing this Code, the Inspectorate shall carry out the following functions\u2014\n<\/p>\n <\/b> (a<\/i>)<\/b> to receive and examine declarations lodged with it under this Code;\n<\/p>\n <\/b> (b<\/i>)<\/b> to examine whether or not a leader has corrupt influence or has corruptly entered into a contract with a government or public body or foreign business organisation contrary to this Code;\n<\/p>\n <\/b> (c<\/i>)<\/b> to inquire or cause an inquiry to be conducted on its own initiative or on a complaint made by any person, into any alleged breach of this Code by any leader;\n<\/p>\n <\/b> (d<\/i>)<\/b> to investigate and report on any allegations of high handed, outrageous, infamous or disgraceful conduct or any other behaviour or conduct on the part of a leader in accordance with the definition of the words high-handed; outrageous, disgraceful conduct and infamous to be provided for by the regulations to be made by the Minister;\n<\/p>\n <\/b> (e<\/i>)<\/b> to recommend awards, disbursements and such payments or rewards as it may consider appropriate in connection with any assistance rendered in the enforcement of this Code; and\n<\/p>\n <\/b> (f<\/i>)<\/b> to carry out any other functions prescribed by or under this Code.\n<\/p>\n <\/b> (3) The Inspectorate may, for the purpose of ensuring the effective implementation of its functions under this Code, delegate any of its functions to any person or authority subject to such conditions and limitations as the Inspector General may impose.<\/p>\n \n <\/a>4.<\/b> Declaration of income, assets and liabilities.\n<\/p>\n <\/b> (1) A leader shall\u2014\n<\/p>\n <\/b> (a<\/i>)<\/b> within three months after the commencement of this Code; and\n<\/p>\n <\/b> (b<\/i>)<\/b> thereafter every two years, during the month of March,\n<\/p>\n submit to the Inspector General a written declaration of the leader’s income, assets and liabilities, the names, income, assets and liabilities of his or her spouse, child and dependant in the prescribed form, without prejudice to the rights of the leader’s spouse, child and dependant to independently own property.\n<\/p>\n <\/b> (2) A person shall\u2014\n<\/p>\n <\/b> (a<\/i>)<\/b> within three months after becoming a leader; and\n<\/p>\n <\/b> (b<\/i>)<\/b> thereafter every two years, during the month of March,\n<\/p>\n submit to the Inspector General a written declaration of the leader’s income, assets and liabilities, the names, income, assets and liabilities of his or her spouse, child, and dependant in the prescribed form, without prejudice to the rights of the leader’s spouse, child and dependant to independently own property.\n<\/p>\n <\/b> (3) A leader shall before the expiration of his or her term of office declare his or her income, assets and liabilities under this Code if his or her term of office expires six months after his or her last declaration.\n<\/p>\n <\/b> (4) A leader shall in a declaration under subsections (1) and (2) of this section, state how he or she or his or h<\/p>\n {mprestriction ids=”1,2,3″}<\/p>\n er spouse, child or dependant acquired or incurred, as the case may be, the income, assets and liabilities.\n<\/p>\n <\/b> (5) A leader shall ensure that all the information contained in the declaration submitted to the Inspector General is true and correct to the best of his or her knowledge.\n<\/p>\n <\/b> (6) A leader who without justifiable cause submits a declaration to the Inspector General 30 days after the period prescribed under subsection (1) and (2) of this section commits a breach of this Code.\n<\/p>\n <\/b> (7) Where a declaration is made by a leader in respect of himself or herself under this section, where a leader is found not to have declared certain assets and liabilities or if the declaration is found to be false, the leader shall be taken to have breached this Code.\n<\/p>\n <\/b> (8) A leader who fails without reasonable cause to submit a declaration under this section commits a breach of this Code.<\/p>\n \n <\/a>5.<\/b> Power of the Inspector General to require clarification etc.\n<\/p>\n <\/b> (1) The Inspector General may, by notice in writing, require a leader to account for any matter in connection with a declaration submitted by him or her including\u2014\n<\/p>\n <\/b> (a<\/i>)<\/b> the omission of anything which in the opinion of the Inspector General, should have been included in the declaration;\n<\/p>\n <\/b> (b<\/i>)<\/b> any discrepancies appearing in the declaration, or occurring between the declaration and any other statement or information available to the Inspector General,\n<\/p>\n and the leader shall comply with that requirement.\n<\/p>\n <\/b> (2) A leader who, without reasonable cause, fails to comply with the Inspector General’s request for clarification within 30 days after receipt of notice, commits a breach of this Code and is liable to\u2014\n<\/p>\n <\/b> (a<\/i>)<\/b> a warning or caution; or\n<\/p>\n <\/b> (b<\/i>)<\/b> dismissal; or\n<\/p>\n <\/b> (c<\/i>)<\/b> vacation of office.<\/p>\n \n <\/a>6.<\/b> Failure to submit correct information.\n<\/p>\n <\/b> A leader who knowingly or recklessly submits a declaration or gives an account of any matter which is false, misleading or insufficient, in any material particular, commits a breach of this Code.<\/p>\n \n <\/a>7.<\/b> Declaration to be public.\n<\/p>\n <\/b> The contents of a declaration under this Code shall be treated as public information and shall be accessible to members of the public upon application to the Inspector General in the form prescribed under this Code.<\/p>\n \n PART III \n <\/a>8.\u20139.<\/b> …<\/p>\n \n <\/a>10.<\/b> Gifts or benefits in kind.\n<\/p>\n <\/b> (1) A gift or donation to a leader on any public or ceremonial occasion, or commission to a leader on any transaction shall be treated as a gift or donation or commission to the Government or institution represented by the leader and shall be declared to the Inspector General; but the government or institution shall keep an inventory of any such gifts.\n<\/p>\n <\/b> (2) A leader may accept a personal gift or donation from a relative or personal friend to such an extent and on such occasion as is recognised by custom.\n<\/p>\n <\/b> (3) Notwithstanding the provisions of this section, a leader may accept a gift if the gift is in the nature of a souvenir or ornament and does not exceed five currency points in value.\n<\/p>\n <\/b> (4) Where a leader receives any gifts or other benefits of a value of 10 currency points or above from any one source in a 12 consecutive months period, the leader shall disclose that gift, or benefit to the Inspector General.\n<\/p>\n <\/b> (5) Where a leader is in doubt as to the need for a declaration or the appropriateness of accepting an offer of a gift, hospitality or other benefit, that leader shall consult the Inspector General for advice.\n<\/p>\n <\/b> (6) A leader who fails to comply with the provisions of this section commits a breach of this Code.<\/p>\n \n <\/a>11.<\/b> Prohibited conduct.\n<\/p>\n <\/b> A leader who directly or indirectly accepts any property or gift which influences or is likely to influence the leader to do a favour to any person commits a breach of this Code.<\/p>\n \n <\/a>12.<\/b> Prohibited contracts.\n<\/p>\n <\/b> (1) A leader, a leader’s spouse, agent, private company or public company or business enterprise in which the leader, leader’s spouse or agent has a controlling interest shall not seek, accept or hold any contract with\u2014\n<\/p>\n <\/b> (a<\/i>)<\/b> any government or public body which the leader controls or directly participates in the decision making of its affairs; or\n<\/p>\n <\/b> (b<\/i>)<\/b> any foreign business organisation where the contract is likely to be in conflict with the public interest.\n<\/p>\n <\/b> (2) A leader who contravenes subsection (1) breaches this Code and is liable to\u2014\n<\/p>\n <\/b> (a<\/i>)<\/b> vacate office; or\n<\/p>\n <\/b> (b<\/i>)<\/b> be dismissed from the office.<\/p>\n \n <\/a>13.<\/b> …<\/p>\n \n <\/a>14.<\/b> Misuse of official information.\n<\/p>\n <\/b> (1) Without derogating from any other written law, a leader shall not directly or indirectly use or allow any person under his or her control to use for furthering any private interest, whether financial or otherwise, any information obtained through or in connection with the office of the leader and not yet made available to the public.\n<\/p>\n <\/b> (2) Subsection (1) of this section does not apply to the use of the information referred to in that subsection for the purpose of educational, research, literary, scientific or other similar purpose not prohibited by law.\n<\/p>\n <\/b> (3) A leader who contravenes the provisions of this section commits a breach of this Code and is liable to\u2014\n<\/p>\n <\/b> (a<\/i>)<\/b> be warned or cautioned;\n<\/p>\n <\/b> (b<\/i>)<\/b> demotion: or\n<\/p>\n <\/b> (c<\/i>)<\/b> dismissal; or\n<\/p>\n <\/b> (d<\/i>)<\/b> vacate office.<\/p>\n \n <\/a>15.<\/b> General prohibited conduct.\n<\/p>\n <\/b> (1) Without derogating from any other written law, a leader shall not\u2014\n<\/p>\n <\/b> (a<\/i>)<\/b> improperly use his or her official position to obtain any property including land, buildings and business interests for himself or herself or his or her spouse, child, relation, friend or agent;\n<\/p>\n <\/b> (b<\/i>)<\/b> act to the detriment of Government by refusing or neglecting to settle his or her lawful financial obligations to Government or any public body;\n<\/p>\n <\/b> (c<\/i>)<\/b> be an agent of or allow himself or herself to be used to further the interest of any foreign government, organisation or individual in a manner detrimental to the interests of Uganda;\n<\/p>\n <\/b> (d<\/i>)<\/b> practice favouritism or nepotism by giving preferential treatment to any person for personal advantage or gain for himself or herself, that of his or her relation, friend or agent, ethnic grouping or area of origin;\n<\/p>\n <\/b> (e<\/i>)<\/b> do or direct to be done in abuse of his or her office any act prejudicial to the rights of any person or obtain an unfair advantage over his or her subordinate including abuse of the rights of a member of the opposite sex, through, among other acts, the use of coercion, threat or harassment.\n<\/p>\n <\/b> (2) A leader referred to in the Third Schedule to this Code shall not, except with prior written approval of the Inspector General\u2014\n<\/p>\n <\/b> (a<\/i>)<\/b> hold office of director or any other office in a foreign business organisation, firm, company or property in any such foreign organisation which is owned and or managed by foreign citizens;\n<\/p>\n <\/b> (b<\/i>)<\/b> operate a business as a commission agent; or\n<\/p>\n <\/b> (c<\/i>)<\/b> accept or be involved in the acceptance of any gift. benefit or advantage from a company or in any such company or firm which is owned and or managed by foreign citizens.\n<\/p>\n <\/b> (3) A leader whom the Inspector General denies approval under subsection (2) may appeal against such decision to the High Court.\n<\/p>\n <\/b> (4) “Commission agent”<\/b> under this section means a person employed to sell goods or services delivered to him or her for his or her principal for a commission.\n<\/p>\n <\/b> (5) A leader shall not hold any office of profit or emolument likely to compromise his or her office.\n<\/p>\n <\/b> (6) Any leader who fails without any reasonable cause to comply with the provisions of this section commits a breach of this Code.\n<\/p>\n <\/b> (7) Any leader who directs or concurs in the use of public funds contrary to existing instructions commits a breach of this Code and shall be required to make good the loss even if he or she has ceased to hold that office.<\/p>\n \n PART IV \n <\/a>16.<\/b> Future employment.\n<\/p>\n <\/b> (1) A leader shall not allow himself or herself to be influenced in the pursuit of his or her official duties and responsibilities by plans or expectations for or offers of future employment.\n<\/p>\n <\/b> (2) A leader shall disclose in writing to the Inspector General all offers of future employment that could place the leader in a position of conflict of interest.\n<\/p>\n <\/b> (3) A leader who accepts an offer of future employment shall immediately disclose in writing to the Inspector General as well as the authorised person the acceptance of the offer, and in such event, where it is determined by the Inspector General that the leader is engaged in significant official dealings with the future employer, the leader shall be assigned other duties and responsibilities immediately.\n<\/p>\n <\/b> (4) A leader who contravenes the provisions of this section commits a breach of this Code.<\/p>\n \n <\/a>17.<\/b> Upon vacation of office.\n<\/p>\n <\/b> (1) A former leader shall not, by acting for or on behalf of any person, entity, association, offer advice or participate in a negotiation or case to which the Government or public body is a party and where the former leader acted for or advised the Government or public body.\n<\/p>\n <\/b> (2) A former leader shall not give advice to his or her client using information that is not available to the public concerning programs or policies of Government, public body or department with which he or she had a direct or substantial relationship, during the period of one year immediately prior to ceasing to be a leader.<\/p>\n \n PART V \n <\/a>18.<\/b> Lodging of complaints.\n<\/p>\n <\/b> (1) Any person who alleges that a leader has committed a breach of this Code may lodge a complaint to that effect with the Inspectorate and the Inspectorate shall register the complaint.\n<\/p>\n <\/b> (2) Upon receipt of a complaint under subsection (1) of this section, the Inspectorate shall inquire into, or cause the complaint to be inquired into if satisfied that\u2014\n<\/p>\n <\/b> (a<\/i>)<\/b> the complaint is not trivial or frivolous and is not made in bad faith; and\n<\/p>\n <\/b> (b<\/i>)<\/b> the subject matter of the complaint is not outside the jurisdiction of the Inspectorate.\n<\/p>\n <\/b> (3) The Inspectorate’s decision not to inquire into or cause a complaint to be inquired into, shall not limit the Inspectorate’s power to make an inquiry generally into a matter on its own initiative.\n<\/p>\n <\/b> (4) A complainant shall be entitled to be informed of any action the Inspectorate intends to take or has taken in respect of his or her complaint, and shall be afforded a hearing.\n<\/p>\n <\/b> (5) Any person who knowingly gives false information to the Inspector General under this section commits an offence and is liable on conviction to imprisonment not exceeding two years or a fine not exceeding 100 currency points or both.<\/p>\n \n <\/a>19.<\/b> Report of Inspectorate.\n<\/p>\n <\/b> (1) Upon the completion of an inquiry under section 18, the Inspector General shall communicate his or her decision in his or her report to the authorised person with a copy to the person in breach of this Code and require the authorised person to implement his or her decision.\n<\/p>\n <\/b> (2) The Inspector General’s report under subsection (1) of this section shall be made public and shall state whether the leader is or is not in breach of this Code in respect of the specific matters inquired into, and in the case of a breach, shall set out\u2014\n<\/p>\n <\/b> (a<\/i>)<\/b> the nature of the breach which the leader has been found to have committed;\n<\/p>\n <\/b> (b<\/i>)<\/b> the circumstances of the breach;\n<\/p>\n <\/b> (c<\/i>)<\/b> a brief summary of the evidence received during the inquiry into the breach; and\n<\/p>\n <\/b> (d<\/i>)<\/b> the findings and decisions.\n<\/p>\n <\/b> (3) In the case of criminal offences, the report may contain a recommendation that criminal proceedings be commenced against the leader or any other person.<\/p>\n \n <\/a>20.<\/b> Action on report of Inspectorate.\n<\/p>\n <\/b> (1) Upon receipt of a report under section 19 containing a finding of a breach of this Code, the authorised person shall effect the decision of the Inspector General in writing within 60 days after receipt of the report.\n<\/p>\n <\/b> (2) The authorised person shall report to the Inspector General in writing within 14 days after the expiration of the 60 days referred to in subsection (1) of this section, the action taken by him or her.\n<\/p>\n <\/b> (3) A person dismissed, removed from office, or convicted for a breach of this Code shall not hold any other public office whether appointive or elective for 10 years effective from the date of dismissal or removal.<\/p>\n \n <\/a>21.<\/b> Forfeiture and compensation.\n<\/p>\n <\/b> (1) Where according to any report submitted by the Inspector General under section 19 a leader is proved to have obtained any property through a breach of this Code, the leader shall, subject to any appeal which the leader may make under section 35, forfeit the property by virtue of that report and the property shall be held in trust for the Government or public body by an agent or broker appointed by the Inspector General until it is lawfully disposed of.\n<\/p>\n <\/b> (2) The Inspector General may order a leader referred to in subsection (1) to pay by way of compensation to Government or public body such sum as in his or her opinion is just, having regard to the loss suffered by the Government or public body and such order shall be deemed to be a decree under section 25 of the Civil Procedure Act and shall be executed in the manner provided under section 39 of that Act.<\/p>\n \n <\/a>22.<\/b> Special powers of Inspector General.\n<\/p>\n <\/b> (1) The Inspector General may, during the course of his or her investigations or as a consequence of his or her findings, issue an order placing such restrictions as appear to him or her to be reasonable on the operation of any bank account of a leader or any person being investigated, for the purpose of ensuring payment to Government or public body or prevention of dissipation of any moneys derived from or related to the violation of this Code.\n<\/p>\n <\/b> (2) The leader shall be allowed reasonable access to the account frozen under subsection (1) of this section and shall be allowed to withdraw such amount of money, as the Inspector General may deem reasonable in the circumstances.\n<\/p>\n <\/b> (3) The Inspector General may, during the course of his or her investigations or as a consequence of his or her findings, issue an order placing such restrictions as appear to him or her to be reasonable, on the disposal of any property of a leader or any person being investigated for the purposes of compensation to the Government or public body or otherwise for the purpose of prevention of dissipation of the properties derived from or related to the violation of this Code.<\/p>\n \n <\/a>23.<\/b> Powers of Inspectorate to hear evidence etc.\n<\/p>\n <\/b> The Inspectorate has powers and rights vested in the e High Court of Uganda as regards attendance, swearing and examination of witnesses, the production and inspection of documents, enforcement of its orders and other matters necessary and proper for due exercise of its powers under this Code and, without limiting the general effect of the foregoing may\u2014\n<\/p>\n <\/b> (a<\/i>)<\/b> issue summons to any person requiring him or her to appear at the time and place mentioned in the summons, to testify to any matter before it and produce any document, book or paper relating to the allegation that he or she has in his or her possession or control;\n<\/p>\n <\/b> (b<\/i>)<\/b> administer oaths, and examine any person on oath, affirmation or otherwise; and\n<\/p>\n <\/b> (c<\/i>)<\/b> during the inquiry receive such additional information as it considers relevant and necessary for dealing with the allegations before it.<\/p>\n \n <\/a>24.<\/b> Protection of informers and witnesses.\n<\/p>\n <\/b> (1) A person who provides information to the Inspectorate\u2014\n<\/p>\n <\/b> (a<\/i>)<\/b> shall be protected and his or her identity shall not be disclosed; and\n<\/p>\n <\/b> (b<\/i>)<\/b> may be rewarded for his or her information and paid such amount of money as the Inspector General may deem fit.\n<\/p>\n <\/b> (2) A person who in good faith gives any information to the Inspectorate or assists it in the exercise of its functions shall not be punished in anyway for doing so\n<\/p>\n <\/b> (3) Any person who unlawfully discloses the identity of an informer or victimises any person for giving information to or assisting the Inspectorate commits an offence and is liable on conviction to imprisonment not exceeding two years or a fine not exceeding 100 currency points or both.<\/p>\n \n <\/a>25.<\/b> Procedure of Inspectorate.\n<\/p>\n <\/b> Subject to the provisions of this Code, the Inspectorate may, after consultation with the Minister and the Attorney General, make rules regulating the procedure under this Code.<\/p>\n \n <\/a>26.<\/b> Inspectorate to observe rules of natural justice.\n<\/p>\n <\/b> When inquiring into an allegation under this Code, the Inspectorate shall observe the rules of natural justice.<\/p>\n \n <\/a>27.<\/b> Witnesses allowances.\n<\/p>\n <\/b> Any witness called by the Inspectorate to give evidence at an inquiry by the Inspectorate shall be entitled to such allowances as may be determined from time to time by the Inspector General.<\/p>\n \n <\/a>28.<\/b> Inspectorate to award costs.\n<\/p>\n <\/b> The Inspectorate may award costs against a person who makes allegations under this Code if the Inspectorate finds the allegations to be malicious or frivolous or vexatious or made in bad faith.<\/p>\n \n <\/a>29.<\/b> Application of other powers of Inspectorate.\n<\/p>\n <\/b> The Inspectorate shall when enforcing this Act, have all the powers conferred on it by Chapter Thirteen of the Constitution or any other law.<\/p>\n \n PART VI \n <\/a>30.<\/b> Inspection of bank accounts.\n<\/p>\n <\/b> (1) The Inspectorate may, for the purpose of performing its functions under this Code, by order made and signed by the Inspector General or Deputy Inspector General, authorise any person under his or her control to inspect any bank account, share account, purchase account, expense account or any other safe or deposit book in a bank.\n<\/p>\n <\/b> (2) An order made under subsection (1) of this section shall be sufficient authority for the disclosure or production by any person of any information, account, document or article required by the person so authorised.\n<\/p>\n <\/b> (3) Any person who refuses or, who without reasonable cause, fails to comply with an order issued under this section, commits an offence and is liable on conviction to a fine not exceeding 150 currency points or imprisonment not exceeding three years or both.<\/p>\n \n <\/a>31.<\/b> Action against certain leaders.\n<\/p>\n <\/b> (1) Where a Member of Parliament is in breach of this Code, the authorised person shall be the Speaker or Deputy Speaker of Parliament and in case of the Speaker, the authorised person shall be the Committee of Parliament on Rules, Privileges and Discipline.\n<\/p>\n <\/b> (2) Notwithstanding sections 15, 55(5), 94(3) and 95 of the Local Governments Act, 1997 where the Inspector General has made findings with respect to a breach of this Code by a Chairperson of a district or subcounty, or municipality, or a member of a tender board or a district service commission, the Inspector General’s decision shall be enforced without regard to the procedure laid down in that section.\n<\/p>\n <\/b> (3) In the case of the District chairperson, the authorised person shall be the District Council.\n<\/p>\n <\/b> (4) In the case of the Subcounty Chairperson, the authorised person shall be the Subcounty Council.\n<\/p>\n <\/b> (5) In the case of the district Speaker or Deputy Speaker and a member of the executive committee or councillor, the authorised person shall be the District Council.\n<\/p>\n <\/b> (6) In case of a Chairperson or Deputy Chairperson of a municipality, the authorised person shall be the Municipality Council.\n<\/p>\n <\/b> (7) Notwithstanding any provision of this Code, the Inspector General and Deputy Inspector General shall declare their incomes, assets and liabilities to the Speaker of Parliament and when the Inspector General or Deputy Inspector General is in breach of this Code the authorised person shall be Parliament.<\/p>\n \n <\/a>32.<\/b> Action against Chief Administrative Officer and Town Clerk.\n<\/p>\n <\/b> (1) Notwithstanding section 69 of the Local Governments Act, where the Inspector General has made findings with respect to violation of this Code by a Chief Administrative Office or Town Clerk, the Inspector General’s decision shall be enforced without regard to the procedure stipulated in that section.\n<\/p>\n <\/b> (2) In case of a Chief Administrative Officer, or Town Clerk or other employee of a District, the authorised person shall be the District Service Commission.<\/p>\n \n <\/a>33.<\/b> Appeals.\n<\/p>\n <\/b> (1) A person aggrieved by a decision taken against him or her on the basis of findings contained in the report of the Inspector General under this Act, may appeal against the decision to the High Court.\n<\/p>\n <\/b> (2) An appeal under this section shall be made within 30 days after the notice of the findings has been brought to the attention of the person against whom it is made.<\/p>\n \n <\/a>34.<\/b> Protection of officers of Inspectorate.\n<\/p>\n <\/b> (1) Subject to this Code, no civil or criminal liability shall attach to any officer of the Inspectorate acting on the instructions of the Inspector General or Deputy Inspector General, for anything done in good faith by that officer in the performance of his or her duties under this Code.\n<\/p>\n <\/b> (2) No inquiry, proceeding, process, or report of the Inspectorate shall\u2014\n<\/p>\n <\/b> (a<\/i>)<\/b> be invalid only by reason of an error or irregularity of form;\n<\/p>\n <\/b> (b<\/i>)<\/b> be liable to be questioned, reviewed or quashed in any court except on appeal under section 35 of this Code.<\/p>\n \n <\/a>35.<\/b> Penalties for breach of Code.\n<\/p>\n A leader who commits a breach of this Code shall\u2014\n<\/p>\n <\/b> (a<\/i>)<\/b> in the case of a breach under subsection (7) of section 4, have the excess or undeclared property confiscated and forfeited to the Government;\n<\/p>\n <\/b> (b<\/i>)<\/b> in the case of a breach under subsections (6) and (8) of section 4, be dismissed from or shall vacate office:\n<\/p>\n <\/b> (c<\/i>)<\/b> in the case of a breach under subsection (6) of section 10, be liable to\u2014\n<\/p>\n <\/b> <\/b> (i)<\/b> forfeit the benefit equivalent to the gift, hospitality or benefit, to the Government or institution and shall stand warned;\n<\/p>\n <\/b> <\/b> (ii)<\/b> be warned in writing; or\n<\/p>\n <\/b> <\/b> (iii)<\/b> dismissal;\n<\/p>\n <\/b> (d<\/i>)<\/b> in the case of a breach under sections 8(3), 9(4), 11, 15(6) and 16 be liable to dismissal or shall vacate office.<\/p>\n \n <\/a>36.<\/b> Offences.\n<\/p>\n <\/b> (1) Any person who\u2014\n<\/p>\n <\/b> (a<\/i>)<\/b> without justification or lawful excuse, wilfully obstructs or hinders a person acting in the exercise of functions under this Code;\n<\/p>\n <\/b> (b<\/i>)<\/b> divulges without lawful justification any information which he or she has obtained in the course of any duty conferred by this Code,\n<\/p>\n commits an offence and is liable on conviction to imprisonment not exceeding two years or to a fine not exceeding 100 currency points or both.\n<\/p>\n <\/b> (2) A person who is convicted of an offence under this Code for which no penalty is prescribed is liable to a fine not exceeding 150 currency points or to imprisonment not exceeding three years or to both.<\/p>\n \n <\/a>37.<\/b> Annual report.\n<\/p>\n <\/b> The Inspectorate shall include in its Statutory Report to Parliament under article 231 of the Constitution a report on its enforcement of this Code.<\/p>\n \n <\/a>38.<\/b> Regulations.\n<\/p>\n <\/b> (1) The Minister may in consultation with the Inspector General by statutory instrument, make regulations for better carrying out of the provisions of this Code.\n<\/p>\n <\/b> (2) Regulations made under this section may prescribe as a penalty for contravention of any of the regulations, imprisonment not exceeding 12 months or a fine not exceeding 100 currency points.<\/p>\n \n <\/a>39.<\/b> Amendment of Schedules.\n<\/p>\n <\/b> The Minister may by statutory order made after prior approval of Parliament by resolution, amend the provisions of any schedule to this Code.<\/p>\n \n <\/a>40.<\/b> Repeal\n<\/p>\n <\/b> The leadership code, 1992 is repealed.<\/p>\n \n <\/a>First Schedule.<\/i>\n<\/p>\n s. 2.\n<\/p>\n Currency point\n<\/p>\n <\/b> A currency point is equivalent to 20,000 shillings.<\/p>\n \n History<\/b><\/i><\/td>\n<\/tr>\n Legislation<\/i><\/td>\n Number<\/td>\n ss.<\/i><\/td>\n<\/tr>\n Cross References\n<\/p>\n Civil Procedure Act, Cap. 71.\n<\/p>\n Constitution of 1995.\n<\/p>\n Cooperative Societies Act, Cap. 112.\n<\/p>\n Local Governments Act, Cap. 243.\n<\/p>\n \n{\/mprestriction}<\/p>\n LEADERSHIP CODE ACT. ARRANGEMENT OF SCETIONS Section PART IPRELIMINARY. 1. Short title. 2. Interpretation. PART IIFUNCTIONS OF INSPECTORATE AND DECLARATION OF INCOME, […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"site-sidebar-layout":"default","site-content-layout":"","ast-site-content-layout":"default","site-content-style":"default","site-sidebar-style":"default","ast-global-header-display":"","ast-banner-title-visibility":"","ast-main-header-display":"","ast-hfb-above-header-display":"","ast-hfb-below-header-display":"","ast-hfb-mobile-header-display":"","site-post-title":"","ast-breadcrumbs-content":"","ast-featured-img":"","footer-sml-layout":"","ast-disable-related-posts":"","theme-transparent-header-meta":"","adv-header-id-meta":"","stick-header-meta":"","header-above-stick-meta":"","header-main-stick-meta":"","header-below-stick-meta":"","astra-migrate-meta-layouts":"default","ast-page-background-enabled":"default","ast-page-background-meta":{"desktop":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"ast-content-background-meta":{"desktop":{"background-color":"var(--ast-global-color-4)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"var(--ast-global-color-4)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"var(--ast-global-color-4)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"footnotes":""},"categories":[2655],"tags":[],"class_list":["post-433","post","type-post","status-publish","format-standard","hentry","category-principal-legislation"],"yoast_head":"\n
FUNCTIONS OF INSPECTORATE AND DECLARATION OF INCOME, ASSETS AND LIABILITIES.\n<\/p>\n
CONFLICT OF INTEREST.\n<\/p>\n
POST EMPLOYMENT.\n<\/p>\n
PROCEEDINGS OF INSPECTORATE.\n<\/p>\n
GENERAL.\n<\/p>\n
PRELIMINARY.<\/p>\n
FUNCTIONS OF INSPECTORATE AND DECLARATION OF INCOME, ASSETS AND LIABILITIES.<\/p>\n
PROHIBITED CONDUCT.<\/p>\n
POST EMPLOYMENT.<\/p>\n
PROCEEDINGS OF INSPECTORATE.<\/p>\n
GENERAL.<\/p>\n\n<\/tr>\n
\n \n \n \n \n \n \n Act<\/td>\n 17\/2002<\/td>\n <\/td>\n<\/tr>\n \n Act<\/td>\n 6\/2009<\/td>\n s. 70<\/td>\n<\/tr>\n<\/table>\n
\n","protected":false},"excerpt":{"rendered":"