Gazette Notice No. 1702 of 2025

Items 2

1. Legislation notice 1

   Link

   Body

   County Government of Homa Bay, Ethics and Anti-Corruption Commission (Receives summary reports and may receive referrals concerning non-compliance.)

   Issuing authority

   Homa Bay County Public Service Board (Establishes the administrative Procedures.)

   Office

   secretary to the County Public Service Board (Responsible officer of the Board for the application of the Procedures.)

   Referral authority

   Director of Public Prosecutions (May receive referrals concerning declarations or non-compliance.)

   Procedures title

   Homa Bay County Public Service Board Procedures for Administration of Part IV of the Act

   Application

   Administration of Part IV of the Act with respect to the public officers for whom the Board is the responsible Commission.

   Two year declaration notification

   on or before 1 November of the year in which the two-year declaration is to be made

   Initial final declaration notification

   at least thirty days before that officer is to make the declaration

   Two year returns deadline

   by 31 January following the submission of two-year declarations

   Initial final returns deadlines

   the six-month period between January and June on 31 July; the six-month period between July and December, on 31 January of the following year

   Commission report deadline

   by 31 July

2. Legislation notice 2

   Link

   Body

   Homa Bay County Public Service Board, Commission (May receive referrals under paragraph 22 (2).)

   Office

   Secretary, Chairperson, Homa Bay County Public Service Board (Office printed at the end of the notice; no personal name is printed.)

   Paragraph 14 1 a

   (a) apply in writing to the Board;

   Paragraph 14 1 b

   (b) demonstrate to the Board that he or she has a legitimate interest in the information; and

   Paragraph 14 1 c

   (c) demonstrate to the Board that the access to or publication of that information shall be in furtherance of the objectives of the Act.

   Paragraph 14 2

   (2) Where a person has made an application to the Board in accordance with this paragraph—

   Paragraph 14 2 a

   (a) the Board shall issue the applicant with an acknowledgement slip in the form set out in the Schedule to the Public Officer Ethics (Management, Verification, and Access to Financial Declarations) Regulations;

   Paragraph 14 2 b

   (b) the Board shall inform the concerned public officer of the application in writing;

   Paragraph 14 2 c

   (c) the Board shall give the public officer an opportunity to make a representation in writing in relation to the application within 14 days; and

   Paragraph 14 2 d

   (d) the Board shall take into consideration the representation by the public officer while determining the application.

   Paragraph 14 3

   (3) The Board shall determine an application made in accordance with this paragraph and communicate its decision in writing to the applicant within thirty days of receipt of the application.

   Paragraph 14 4

   (4) For the avoidance of doubt, the Board shall not release or part with the original declaration made by any public officer in satisfying the requirements of this paragraph.

   Paragraph 14 5

   (5) The Board shall maintain a register of applications and decisions made under this paragraph setting out—

   Paragraph 14 5 a

   (a) the name of each applicant;

   Paragraph 14 5 b

   (b) the date each application was received;

   Paragraph 14 5 c

   (c) the name and personal number of the public officer who was the subject of the application;

   Paragraph 14 5 d

   (d) the department or public body to which the public officer belongs;

   Paragraph 14 5 e

   (e) a brief description of the information applied for; and

   Paragraph 14 5 f

   (f) a brief description of the decision made in relation to the application.

   Paragraph 15

   15. The Board shall not give access to the information in a declaration to—

   Paragraph 15 a

   (a) the public officer who made the declaration unless the public officer can verify his or her identity; or

   Paragraph 15 b

   (b) a representative of the public officer who made the declaration unless that representative—

   Paragraph 15 b i

   (i) provides proof of his or her authority to act as a representative of the public officer; and

   Paragraph 15 b ii

   (ii) provides proof that shall verify the identity of the public officer.

   Paragraph 16

   16. The Board may decline an application for access to a declaration if it is of the opinion that such disclosure would be a violation of any written law.

   Paragraph 17 1

   17. (1) Except as provided under the Act, Regulations and these Procedures, the decisions of the Board in relation to a declaration by a public officer shall be final.

   Paragraph 17 2

   (2) Any person dissatisfied with the decision may appeal in accordance with the procedure set out in the Public Officer Ethics (Management, Verification, and Access to Financial Declarations) Regulations.

   Paragraph 18

   18. This part shall be read and construed together with Public Officer Ethics (Management, Verification, and Access to Financial Declarations) Regulations.

   Paragraph 19 1

   19. (1) The Board shall ensure that mechanisms are put in place for the safe and secure storage of the declaration forms.

   Paragraph 19 2

   (2) The storage mechanisms established under sub-paragraph (1) shall allow easy access and retrieval of declaration forms.

   Paragraph 19 3

   (3) The Storage mechanisms may include manual, electronic, microfilm or any other form as the Board may consider appropriate.

   Paragraph 20 1

   20. (1) Where the period for retaining information obtained in accordance with Part IV of the Act has lapsed, the Board shall determine the action to be taken in due regard to any written law.

   Paragraph 20 2

   (2) The Secretary may make a written proposal to the Board in relation to the action to be taken by the Board in accordance with sub-paragraph (1).

   Paragraph 21

   21. Notwithstanding delegation of any function or power by the Board for the purposes of these Procedures, the Board may-

   Paragraph 21 1

   (1) exercise the delegated power or perform the delegated function; or

   Paragraph 21 2

   (2) on its own motion, revise a decision of the Secretary made for the purposes of these Procedures.

   Paragraph 22 1

   22. (1) The Board may from time to time audit or investigate the manner in which an authorized officer has discharged his or her duties under these procedures; or

   Paragraph 22 2

   (2) refer the matter to the Commission or any other competent authority.

   Paragraph 23

   23. The Board may issue written instructions in relation to any matter that has not been provided for in these Procedures in relation to the application of Part IV of the Act.

   Paragraph 24

   24. The Board may consider representations made by any person in application of these procedures

Everyone named

Corrections 0

Corrected by

No corrigendum in the issues we hold.

Cites

County Governments Act, Public Officers Ethics Act, County Governments Act, section 26 (2) of the Act, Ethics and Anti-Corruption Commission Act, section 27(5) of the Act, section 27(3) of the Act, section 26(1) of the Act, County Governments Act, County Governments Act, County Governments Act, Part IV of the Act, section 28 of the Act, section 28 (1) of the Act, Schedule to the Public Officer Ethics (Management, Verification, and Access to Financial Declarations) Regulations

Cite

Permalink funua.com/notices/2025/1702/.

About this data

Source

Official PDF of Vol. CXXVII No. 30, from Kenya Law

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