In law, there are always special rules for public and State officers. The rules for State officers are often more strict than those for public officers. So the question is: How are these terms defined? The Constitution of Kenya defines this in Article 260. Everybody who holds a public office is a public officer. This … Continue reading “Rules for Public and State Officers”
The Independent Policing Oversight Authority Act (IPOA Act) governs the functions of the IPOA. The Act as downloaded from kenyalaw.org on Feb. 22, 2017. According to an alert of Amnesty International, during that time an amendment bill was in the National Assembly that could weaken the IPOA’s power to investigate. We will try to be … Continue reading “IPOA Act – Independent Policing Oversight Authority Act”
The Controller of Budget Act which was enacted in September 2016, lays down operations details of the Controller of Budget. Her main tasks are; quarterly budget implementation reports (Sec.9) and special reports provided for in the constitution (Sec. 10). Quarterly reports have to be published and publicised within 14 days after submission to the parliament … Continue reading “Controller of Budget Act”
The Election Offences Act, 2016 is in effect from Oct. 4, 2016. It provides, among others, for penalties (the highest being) ten million Shillings and/or up to to six years imprisonment, depending on the offence. “A candidate or any other person who uses a public officer or the national security organs to induce or compel … Continue reading “Election Offences Act”
The Kenyan Access to Information Act of 2016 (pdf) was enacted on September 21st, 2016. This is the Act as downloaded from kenyalaw.org on Sep 30, 2016: Arrangement of Sections PART I — PRELIMINARY 1.Short title 2.Interpretation 3.Object and purpose of the Act PART II — RIGHT TO INFORMATION 4.Right to information 5.Disclosure of information … Continue reading “Access to Information Act”
These are the Acts that prescribe, how the anti-corruption and oversight agencies should be established and operated.
Rules for Procurement – and where to find them “When a State organ or any other public entity contracts for goods or services, it shall do so in accordance with a system that is fair, equitable, transparent, competitive and cost-effective.” This is what Article 227 of the Constitution of Kenya provides as the overall principle on public … Continue reading “Public Procurement Rules and Bodies”
This Act restructures the way the Kenya National Commission on Human Rights should operate, its rights and limitations – pursuant to Article 59 of the Kenyan constitution. The Commission on Administrative Justice Act is like the sister Act to this one.
The Commission on Administrative Justice (CAJ) Act has split the CAJ away from the Kenyan National Commission on Human Rights in 2011.
Some say that during the 2013 elections, all political parties violated the law. So it is worth looking at the orginal source, the Political Parties Act, to know firsthand what should happen – and what shouldn’t.
The Elections Act determines how the democratic institutions in Kenya are selected. IEBC plays a key role in the procedures. The Elections Act is an addition governed by the IEBC Act.
The National Contituencies Development Fund Act was passed by the parliament after the CDF Act was held to be unconstitutional by the court. It is valid from January 2016.
This CDF Act has been substituted by the “National Government CDF Act” but is still important for any CDF related matters that have happened before January 2016.
The Independent Electrol and Boundaries Commission Act, 2011 governs the internal and administrative operations of the IEBC. The external operations and powers of this commission are to be found mainly in the Elections Act.
The Media Council Act provides rules for media and journalists (also their code of conduct) and the oversight role of the Media Council of Kenya (MCK).
This is the EACC internal and administrative operations act. External operations and powers of this commission are found mainly in the Anti-Corruption and Economic Crimes Act.
The County Governments Act is a key document about institutions and their functions in the Kenyan counties.
The Public Audit Act prescribes how the Auditor General should operate and, among others, it provides for penalties for anyone who obstructs official audits.
The Witness Protection Act establishes agencies for the protection of whistle blowers who provide information about illegal actions to law enforcement agencies. The Act also provides procedures the agencies need to follow to maintain complete anonymity of such informers.
The Public Officers Ethics Act is simply a list of dos and don’ts for public officers in Kenya. It constitutes their Code of Conduct and more, like the obligation to file a declaration of wealth to uncover any suspected income and assets acquired corruptly.
The Public Procurement and Asset Disposal Act commenced in January 2016 as it simply provides procedures for efficient public procurement and for assets disposal by public entities.
The Leadership and Integrity Act constitutes the rules and code of conduct for state officers and, in some cases, for public officers as well. It names penalties for the offences under this Act.
The Anti-Corruption and Economic Crimes Act is the main law in Kenya for fighting against Corruption.
The Constitution of Kenya is the first document to look at with respect to good governance. Compared to the constitutions of other countries, it is quite detailed.
The Kenyan laws and rules about governance are commendable. They are worth being pointed at, and that’s why we present them here.