Uganda Act or statute

Parliament of Uganda

Leadership Code Act

Jurisdiction: Uganda
Structure: 67 provisions
Citation: Chapter 33
Dates: As at 31 Dec 2023

More statute details

Dates: As at 31 Dec 2023

Source attribution: Source: Uganda Legal Information Institute

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“This section provides definitions of terms used in the Code.”

This section provides definitions of terms used in the Code. A leader or public officer must not knowingly or recklessly submit a declaration or give an account that is false, misleading or insufficient in any material particular. Declarations are public and may be accessed by the public under conditions; applicants must apply in writing with the prescribed fee; the Inspectorate must decide within specified timeframes and may provide certified copies or viewing; fees are capped at twenty-five currency points. The Leadership Code is to be enforced by the Inspectorate and the Tribunal. The Inspectorate must perform specified enforcement functions under the Code, including receiving and verifying declarations, investigating breaches, reporting and prosecuting matters to tribunals and the Directorate of Public Prosecutions, recommending payments, collaborating with agencies, investigating former leaders or public officers, and performing other prescribed functions.

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Interpretation - Interpretation

This section provides definitions of terms used in the Code.

Section 1

Prohibited conduct - General prohibited conduct

Section 18

Leadership Code Tribunal - Quorum of Tribunal

The Tribunal must have a quorum of three members.

Section 34

General - Special powers of Inspector General

The Inspector General may order restrictions on bank accounts or property of leaders, public officers or investigated persons; affected leaders/public officers are allowed reasonable access and may withdraw amounts the Inspector General deems reasonable.

Section 51

General - Power to amend Schedules

The Minister may amend Schedule 1 with Cabinet approval, and may make an order to amend Schedules 2 and 3 after Parliament approves by resolution; both actions are by statutory instrument.

Section 67

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Showing 67 of 67 provisions

Provision 50Offence 13Commencement 2Interpretation

Part I

Interpretation

§ 1Interpretation - InterpretationInterpretation

This section provides definitions of terms used in the Code.

Section Interpretation Section In this Code, unless the context otherwise requires— “ agent ” in relation to the business or affairs of a leader or public officer , means a person whose decisions or acts are such that they are, in essence made or done by the leader or public officer himself or herself; or the person who manages and controls the business or affairs of which the leader or public officer is the principal beneficiary; “ asset ” means a thing owned by a person such as property, which has value and can be sold or used to pay a debt; “ authorised person ” means a person or body authorised by law to discipline a leader or a public officer in relation to whom the expression is used; “ benefit ” 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; “ child ” means a person under eighteen years of age; “ conflict of interest ” refers to a situation where a leader or a public officer has got to make a decision between his or her personal interest and the public interest; “ currency point ” has the value assigned to it in Schedule 1 to this Act; “ declaration ” means a declaration of income, assets and liabilities required to be submitted by every leader and every public officer under sections 4 and 5 , respectively; “ foreign ” 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 includes a body of persons or an organisation not incorporated or registered in Uganda although the controlling authority in it is held by persons who are citizens of Uganda; “ Government ” includes a local government; “ gift ” means anything of value or benefit given to a leader or a public officer directly or indirectly, gratuitously or solicited in his or her official capacity at a public or ceremonial occasion; “ Inspectorate ” means the Inspectorate of Government ; “ Inspector General ” means the Inspector General of Government , established by Article 223 of the Constitution ; “ leader ” means a person holding or acting in any of the offices specified in Schedule 2 to this Code; “ liability ” means a debt or financial obligation; “ Minister ” means the Minister responsible for ethics and integrity; “ public body ” 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 66 of this Code prescribe; “ public office ” means an office in the public service ; “ public officer ” means a person holding or acting in any public office ; “ public service ” means service in a civil capacity of the Government or of a local government; “ spouse ” means a wife or husband; “ Tribunal ” means the Leadership Code Tribunal established under section 23 . The provisions of this Code shall constitute the Leadership Code of Conduct under Chapter Fourteen of the Constitution .

Section 1Verify source

Part II

Functions of Inspectorate and declaration of income, assets and liabilities

§ 10Functions of Inspectorate and declaration of income, assets and liabilities - Failure to submit correct informationProvision

A leader or public officer must not knowingly or recklessly submit a declaration or give an account that is false, misleading or insufficient in any material particular.

Section Failure to submit correct information Section A leader or public officer 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.

Section 10Verify source

§ 11Functions of Inspectorate and declaration of income, assets and liabilities - Declaration to be publicProvision

Declarations are public and may be accessed by the public under conditions; applicants must apply in writing with the prescribed fee; the Inspectorate must decide within specified timeframes and may provide certified copies or viewing; fees are capped at twenty-five currency points.

Section Declaration to be public Section The application in subsection (2) shall contain— The Inspectorate shall only grant access to a declaration submitted under this Code on being satisfied that— The Inspectorate shall, within twenty-one days of receipt of the application in subsection (2) — The contents of a declaration under this Code shall be treated as public information and shall be accessible by the public in accordance with this section. A person intending to access a declaration submitted by a leader or a public officer shall make a written application to the Inspectorate , accompanied by the prescribed fee. the particulars of the applicant; the physical address of the applicant; the name of the leader or the public officer whose declaration the applicant seeks to access; a statement that the applicant will not disclose the contents of the declaration to any other person; and a list of the income, assets or liabilities the applicant reasonably believes was not included in the declaration submitted by a leader or a public officer . the access to the declaration will help in the enforcement of this Code or any other law; and the applicant will not disclose the contents of the declaration to any other person. submit a certified copy of the declaration to the applicant; avail the applicant an opportunity to view the declaration form submitted by the leader ; or reject the application and communicate the reasons for rejection of the application to the applicant. The Inspectorate shall, within seven days of submitting a certified copy of the declaration to the applicant under subsection (5) , inform the leader who made the declaration, of the grant. Where the Inspectorate rejects the application or does not grant access to the declaration within the time prescribed under subsection (5) , the applicant may apply to the Leadership Code Tribunal for redress. The Inspectorate shall, upon request, grant access to a declaration submitted by a leader to the Director of Public Prosecutions and the Uganda Police Force. The fees referred to under subsection (2) shall be prescribed by the Minister and shall not exceed twenty-five currency points. This section shall apply, with necessary modifications, to declarations made by a public officer .

Section 11Verify source

§ 2Functions of Inspectorate and declaration of income, assets and liabilities - Enforcement of CodeProvision

The Leadership Code is to be enforced by the Inspectorate and the Tribunal.

Section Enforcement of Code Section The Leadership Code shall be enforced by the Inspectorate and the Tribunal .

Section 2Verify source

§ 3Functions of Inspectorate and declaration of income, assets and liabilities - Functions of InspectorateOffence

The Inspectorate must perform specified enforcement functions under the Code, including receiving and verifying declarations, investigating breaches, reporting and prosecuting matters to tribunals and the Directorate of Public Prosecutions, recommending payments, collaborating with agencies, investigating former leaders or public officers, and performing other prescribed functions.

Section Functions of Inspectorate Section In enforcing this Code, the Inspectorate shall carry out the following functions— receive, examine and verify declarations lodged with it under this Code; investigate or cause an investigation to be conducted into any alleged breach of this Code; make a report on any breach of this Code and refer the matter to the Tribunal for adjudication; prosecute breaches of this Code before the Tribunal ; make a report to the Directorate of Public Prosecutions on offences committed under this Code; 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; collaborate with other Government agencies to facilitate the enforcement of this Code; investigate the actions or omissions of a former leader or public officer for breach of this Code; and carry out any other functions prescribed under this Code.

Section 3Verify source

§ 4Functions of Inspectorate and declaration of income, assets and liabilities - Declaration of income, assets and liabilities by leaderProvision

A leader must submit a written declaration of income, assets and liabilities to the Inspectorate (in the prescribed form) every two years during March, within three months after becoming a leader, and before term expiration in specified cases; must state how assets/liabilities were acquired, ensure declarations are true, and where possible provide proof; late, false or omitted declarations without justifiable cause breach the Code.

Section Declaration of income, assets and liabilities by leader Section A person shall— Notwithstanding anything to the contrary, a leader shall only declare income, assets or liabilities— In this section, a leader shall be taken to have an interest where— in case of an income or assets— A leader shall, every two years, during the month of March, submit to the Inspectorate a written declaration of the leader ’s income, assets and liabilities in the prescribed form. within three months after becoming a leader ; and thereafter every two years, during the month of March, A leader shall, before the expiration of his or her term of office, declare his or her income, assets and liabilities, if his or her term of office expires six months after his or her last declaration . A leader shall state how he or she acquired or incurred, as the case may be, the income, assets or liabilities included in a declaration submitted to the Inspectorate . in which he or she has an interest; or which are owned by any other person but were, with or without consideration, bequeathed, donated, sold, assigned or transferred by the leader having been declared as his or her income, assets or liabilities in a preceding declaration . it is owned by the leader ; it is jointly owned by the leader with any other person; it is held in trust by the leader for any other person; or it is contained in a joint account for the benefit of the leader and any other person; in case of a liability , it was acquired, guaranteed or is payable by the leader on his or her behalf or on behalf of any other person. A leader shall ensure that all the information contained in the declaration submitted to the Inspectorate is true and correct to the best of his or her knowledge. Where possible, a declaration shall be accompanied by proof of ownership of the income, assets or liabilities contained in the declaration . A leader who, without justifiable cause, submits a declaration to the Inspectorate any time after the period prescribed in subsections (1) and (2) commits a breach of this Code. A leader who makes a declaration under this section, and is found not to have declared certain assets, income and liabilities or if the declaration is found to be false, shall be taken to have breached this Code. A leader who fails without reasonable cause to submit a declaration under this section commits a breach of this Code.

Section 4Verify source

§ 5Functions of Inspectorate and declaration of income, assets and liabilities - Declaration of income, assets and liabilities by public officerCommencement

Public officers who are not leaders must, within three months after appointment and thereafter every five years during April, submit to the Inspector General a written declaration of income, assets and liabilities; the Inspectorate may verify declarations, must inform the officer and appoint a date to commence verification, shall submit a report three months after verification and must carry out verification within ninety working days.

Section Declaration of income, assets and liabilities by public officer Section A public officer who is not a leader and to whom section 4 does not apply, shall— In this section, a public officer shall be taken to have an interest where— in case of an income or an asset — The Inspectorate shall, within seven days of making the decision to verify the contents of a declaration under subsection (8) — The Inspectorate may, in verifying the contents of a declaration submitted by a public officer — within three months after appointment to the public service ; and thereafter, every five years during the month of April, submit to the Inspector General , a written declaration of his or her income, assets and liabilities in the prescribed form. For the purposes of a declaration under subsection (1) , the public officer shall only declare the income, assets and liabilities in which he or she has an interest. it is owned by the public officer ; it is jointly owned by the public officer with another person; it is held in trust by the public officer for another person; or it is contained in a joint account for the benefit of the public officer and another person; in case of a liability , it was acquired, guaranteed or is payable by the public officer on his or her behalf or on behalf of another person. A public officer making a declaration under this section shall ensure that all the information contained in the declaration is true and correct to the best of his or her knowledge. A public officer who makes a declaration under this section, and is found not to have declared certain assets, income and liabilities or if the declaration is found to be false, shall be taken to have breached this Code. A public officer who, without justifiable cause, submits a declaration to the Inspector General any time after the period prescribed in subsection (1) commits a breach of this Code. A public officer who fails without reasonable cause to submit a declaration under this section commits a breach of this Code. The Inspectorate may verify the contents of a declaration submitted by a public officer under this Code. inform the public officer of the decision, by notice in writing; and appoint a date on which the verification shall commence. access or require the production of any document relating to the income, assets and liabilities declared by the public officer , in possession of the public officer or any other person or institution; access the physical location of all immovable property declared by a public officer ; access bank accounts or any other financial records relating to a declaration made by the public officer ; or do any other act necessary for the enforcement of this Code. The Inspectorate shall, during the verification process, comply with the rules of natural justice. A public officer whose declaration is being verified may, during the verification process, be present personally or be represented by any person of his or her choice. The Inspectorate shall, three months after carrying out the verification of the contents of a declaration , submit to the public officer a report of the findings of the verification. Where the verification reveals a breach of this Code, the Inspectorate shall take any action prescribed under this Code. The Inspectorate shall ensure that the verification process is carried out within a reasonable time, and in any case, not later than ninety working days from the date of commencement of the verification.

Section 5Verify source

§ 6Functions of Inspectorate and declaration of income, assets and liabilities - Prohibition of anticipatory declaration of income, assets and liabilitiesProvision

Leaders and public officers must not include in their declaration to the Inspectorate any income, assets or liabilities they do not own, have not yet acquired, or have no interest in at the time of declaring.

Section Prohibition of anticipatory declaration of income, assets and liabilities Section A leader or public officer who includes in a declaration submitted to the Inspectorate , income, assets or liabilities that he or she does not own or has not yet acquired or has no interest in, at the time he or she makes a declaration , commits a breach of this Code.

Section 6Verify source

§ 7Functions of Inspectorate and declaration of income, assets and liabilities - Verification of declarationCommencement

The Inspectorate may verify a leader's declaration and has procedural duties including informing the leader, appointing a start date, reporting findings within three months, complying with natural justice, and completing verification within 90 working days.

Section Verification of declaration Section The Inspectorate shall, within seven days of making the decision to verify the contents of a declaration under subsection (1) — The Inspectorate may, in verifying the contents of a declaration submitted by a leader — The Inspectorate may verify the contents of a declaration submitted by a leader under this Code. by notice in writing, inform the leader of the decision; and appoint a date on which the verification shall commence. access any document relating to the income, assets and liabilities declared by the leader in possession of the leader or any other person or institution; access the physical location of all immovable property declared by the leader ; require the production of any document relating to the income, assets and liabilities declared by the leader ; access bank accounts or any other financial records relating to a declaration made by the leader ; or do any other act necessary for the enforcement of this Code. A leader whose declaration is being verified may, during the verification process, be present personally or be represented by any person of his or her choice. The Inspectorate shall, three months after carrying out a verification of the contents of a declaration , submit to the leader a report of the findings of the verification. The Inspectorate shall, during the verification process, comply with the rules of natural justice. Where the verification reveals a breach of this Code, the Inspectorate shall take any action as authorised by this Code. The Inspectorate shall ensure that the verification process is carried out within a reasonable time, and in any case, not later than ninety working days from the date of commencement of the verification.

Section 7Verify source

§ 8Functions of Inspectorate and declaration of income, assets and liabilities - Request for verification of leader or public officerProvision

Who may request verification: a person who obtains a declaration under section 11, or who has reason to believe that a leader’s or public officer’s declaration is inaccurate, or who has information concerning a leader’s or public officer’s income, assets or liabilities.

Section Request for verification of leader or public officer Section A person who— obtains a declaration under section 11 ; has reason to believe that the declaration made by a leader or a public officer does not reflect the actual income, assets or liabilities of the leader or the public officer ; or has information concerning the income, assets or liabilities of a leader or a public officer ,

Section 8Verify source

§ 9Functions of Inspectorate and declaration of income, assets and liabilities - Power of Inspector General to require clarificationOffence

The Inspector General may, by written notice, require a leader or public officer to account for matters in a submitted declaration; failure without reasonable cause to comply within sixty days is a breach and attracts fines, withholding of emoluments and disciplinary measures.

Section Power of Inspector General to require clarification Section The Inspector General may, by notice in writing, require a leader or public officer to account for any matter in connection with a declaration submitted by him or her, including— A leader or public officer who, without reasonable cause, fails to comply with the Inspector General ’s request for clarification within sixty days after receipt of the notice, commits a breach of this Code and is liable to— the omission of anything in the opinion of the Inspector General , that should have been included in the declaration ; or any discrepancies appearing in the declaration , or occurring between the declaration and any other statement or information available to the Inspector General , pay a fine not exceeding ten currency points per month for the initial three months after the failure to comply with the request for clarification under subsection (1) ; pay a fine not exceeding twelve currency points per month for the next two months after the request referred to in paragraph (a) ; have his or her emoluments withheld until he or she complies with the request for clarification referred to in paragraph (1)(b) ; and a warning, demotion, or dismissal from office, in addition to the penalty prescribed in paragraph (c) . The authorised officer shall refund the emoluments withheld under subsection (2)(c) to the leader or public officer upon the leader or public officer submitting a clarification of his or her declaration in accordance with this section.

Section 9Verify source

Part III

Prohibited conduct

§ 12Prohibited conduct - Gifts or benefits in kindProvision

Leaders and public officers must disclose gifts of value ten currency points or above received from one source in any 12‑month period; limited personal gifts and small souvenirs (up to five currency points) may be accepted; consult the Inspector General when in doubt; the Inspectorate issues guidelines.

Section Gifts or benefits in kind Section A gift or donation to a leader or a public officer on any public or ceremonial occasion, or commission to a leader or a public officer on any transaction shall be treated as a gift or donation or commission to the Government or institution represented by the leader or the public officer and shall be declared to the Inspector General ; and the Government or institution shall keep an inventory of any such gifts or donations. A leader or a public officer 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. Notwithstanding the provisions of this section, a leader or a public officer 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. Where a leader or a public officer receives a gift or other benefit of a value of ten currency points or above from any one source in a twelve consecutive months period, the leader or the public officer shall disclose that gift or benefit to the Inspector General . Where a leader or a public officer 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 or that public officer shall consult the Inspector General for advice. Where a leader or a public officer declares a gift or donation under subsection (1) , the gift shall be disposed of in accordance with the Public Procurement and Disposal of Public Assets Act. Where a gift or donation is in the form of money, it shall be deposited in the Consolidated Fund by the authorised person of the institution represented by the leader or the public officer . The Inspectorate shall issue guidelines on how perishable goods and gifts of live animals shall be dealt with by a leader or a public officer . A leader or a public officer who fails to comply with the provisions of this section commits a breach of this Code.

Section 12Verify source

§ 13Prohibited conduct - Prohibited conductProvision

A leader or public officer must not accept property or gifts that influence, or are likely to influence, them to do a favour for anyone.

Section Prohibited conduct Section A leader or a public officer who directly or indirectly accepts any property or gift which influences or is likely to influence the leader or the public officer to do a favour for any person commits a breach of this Code.

Section 13Verify source

§ 14Prohibited conduct - Prohibited contractsProvision

Leaders (and spouses/agents or entities they control) must not seek, accept or hold contracts with government/public bodies they control or with foreign businesses where there's a likely conflict with the public interest.

Section Prohibited contracts Section A leader , a spouse or an agent of a leader , or a private company, public company or business enterprise in which the leader , or a spouse or agent of a leader has a controlling interest shall not seek, accept or hold any contract with— A leader who contravenes subsection (1) breaches this Code and shall— a Government or public body which the leader controls or participates directly in the decision making of its affairs; or a foreign business organisation where the contract is likely to be in conflict with the public interest. vacate office; or be dismissed from office.

Section 14Verify source

§ 15Prohibited conduct - Conflict of interestProvision

Leaders and public officers must declare personal interests, comply with directions to avoid conflicts, and refrain from participating in related deliberations; they must not influence contract awards.

Section Conflict of interest Section A conflict of interest arises where— A leader or a public officer whose personal interest conflicts with his or her official duties shall— Notwithstanding any direction to the contrary under subsection (3)(a) , a leader or a public officer shall not influence the award of a contract A leader or a public officer who, in the course of his or her official duties, deals with a matter in which he or she or his or her immediate family has a direct or indirect interest or is in a position to influence the matter directly or indirectly and who knowingly fails to disclose the nature of that interest and votes or participates in the proceedings of a public body , board, council, commission or committee, commits a breach of this Code. a leader or a public officer deals with a matter in which he or she has a personal interest where he or she is in a position to influence the matter, directly or indirectly, in the course of his or her official duties; the position the leader or the public officer holds and the services he or she provides to a person or private body is in conflict with his or her official duties; a leader or a public officer participates in the deliberations of a public body , board, council, commission or committee of which he or she is a member at any meeting at which any matter in which he or she has a personal interest is to be discussed; or a leader or a public officer attends a meeting of a public body , board, council, commission or committee and fails or neglects to disclose the nature and extent of his or her personal interest. declare the personal interest to his or her superior or other appropriate body and comply with any direction to avoid the conflict; and refrain from participating in any deliberation with respect to the matter. himself or herself; any person related to him or her by blood or by marriage; a business associate, agent or partner; or a company, partnership, or other entity or body in which the leader or the public officer , any person related to him or her by blood or marriage, has an interest. In this section, personal interest, in relation to a leader or a public officer , includes the personal interest of any person related to the leader or the public officer by blood or marriage, or any agent , business associate or partner of which the leader or the public officer has knowledge or would have had knowledge if he or she exercised due diligence, having regard to all circumstances.

Section 15Verify source

§ 16Prohibited conduct - Abuse of public propertyProvision

Leaders and public officers must protect and preserve public property entrusted to their use and must not use it for unauthorised purposes; they must make good any loss and may face sanctions including warning, demotion or dismissal.

Section Abuse of public property Section Notwithstanding the provisions of subsection (3) , a leader or a public officer who knowingly misuses or allows public property entrusted to his or her care to be misused or abused or left unprotected may, in addition to the sanctions under that subsection be— A leader or a public officer shall protect and preserve public property under his or her personal use and shall not use such property or allow its use for any other purpose other than the authorised purpose. In this section, “public property” includes any form of real or personal property in which the Government or a public body has ownership; plant, equipment, leasehold, or other property interest as well as any right or other intangible interest that is purchased with public funds, including the services of contractor personnel, office supplies, telephones and other telecommunications equipment and services, mail, automated data, records of Government or a public body and vehicles. A leader or a public officer who knowingly misuses or allows public property entrusted to his or her care to be misused, abused or left unprotected shall make good the loss occasioned to the property and the value of the property or damage to the property shall constitute a debt from the leader or public officer to the Government or public body concerned. warned or cautioned; demoted; or dismissed from office.

Section 16Verify source

§ 17Prohibited conduct - Misuse of official informationProvision

Leaders and public officers must not use or allow others to use non-public information obtained through their office to further private interests; limited educational and similar uses are excepted; breach may lead to warning, demotion, dismissal or vacating office.

Section Misuse of official information Section Any leader or public officer who contravenes the provisions of this section commits a breach of this Code and is liable to— Without derogating from any other written law, a leader or a public officer 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 or the public officer and not yet made available to the public. Subsection (1) 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. be warned or cautioned; demotion; dismissal; or vacate office.

Section 17Verify source

§ 18Prohibited conduct - General prohibited conductProvision

Leaders and public officers are prohibited from using their office for private gain, acting against government interests, serving foreign interests detrimentally, practising nepotism, abusing office to prejudice rights or harass subordinates, holding certain foreign directorships or commission-agent businesses, accepting certain foreign-related gifts, and holding offices of profit that compromise their duties; specified acts may be allowed with prior written approval of the Inspector General for those in Schedule 3.

Section General prohibited conduct Section Without derogating from any other written law, a leader or a public officer shall not— A leader or a public officer referred to in Schedule 3 to this Act shall not, except with the prior written approval of the Inspector General— 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 ; act to the detriment of Government by refusing or neglecting to settle his or her lawful financial obligations to Government , any public body or any other person; 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; 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; or 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. 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 or managed by foreign citizens; operate a business as a commission agent ; or 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 or managed by foreign citizens. A leader or a public officer whom the Inspector General denies approval under subsection (2) may appeal against such decision to the High Court. In this section, “commission agent ” means a person employed to sell goods or services delivered to him or her for his or her principal for a commission. A leader or a public officer shall not hold any office of profit or emolument likely to compromise his or her office. A leader or a public officer who fails without any reasonable cause to comply with the provisions of this section commits a breach of this Code. A leader or a public officer 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.

Section 18Verify source

Part IV

Post employment

§ 19Post employment - Future employmentProvision

Leaders and public officers must disclose offers and acceptances of future employment to the Inspector General; they must not let expectations or offers of future employment influence their official duties.

Section Future employment Section A leader or a public officer 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. A leader or a public officer shall disclose in writing to the Inspector General , all offers of future employment that could place the leader or the public officer in a position of conflict of interest . A leader or public officer who accepts an offer of future employment shall immediately disclose in writing to the Inspector General as well as to the authorised person , the acceptance of the offer, and in such event, where it is determined by the Inspector General that the leader or the public officer is engaged in significant official dealings with the future employer, the leader or public officer shall be assigned other duties and responsibilities immediately. A leader or public officer who contravenes the provisions of this section commits a breach of this Code.

Section 19Verify source

§ 20Post employment - Acts prohibited upon vacation of officeOffence

Former leaders and public officers are prohibited for ten years after leaving office from acting for others or disclosing non-public government information; breach is an offence punishable by a fine up to twenty-five currency points or up to one year imprisonment, and the court may order forfeiture of any monetary benefit obtained.

Section Acts prohibited upon vacation of office Section A former leader or public officer shall not, by acting for or on behalf of any person, entity or 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 or public officer acted for or advised the Government or public body . A former leader or public officer shall not use or divulge to any person, body, entity or association, information that is not available to the public concerning a programme or policy of Government or a public body or department with which he or she had a direct or substantial relationship during the period of ten years immediately prior to ceasing to be a leader or public officer . A former leader or public officer who contravenes subsection (1) or (2) commits an offence and is liable, on conviction, to a fine not exceeding twenty-five currency points or to imprisonment for a term not exceeding one year, or both. Where a former leader or public officer has obtained any monetary benefit from the disclosure, court may, in addition to the penalty prescribed under subsection (3) , order that benefit to be forfeited to Government.

Section 20Verify source

Part V

Proceedings of Inspectorate

§ 21Proceedings of Inspectorate - Lodging of complaintsOffence

Sets how complaints to the Inspectorate are lodged, registered and investigated; requires the Inspectorate to inform affected leaders and gives complainants a right to be informed; requires a leader or public officer to respond within thirty days; creates an offence for knowingly giving false information with fines or imprisonment.

Section Lodging of complaints Section On receipt of a complaint under subsection (1) , the Inspectorate shall investigate, or cause the complaint to be investigated if satisfied that— A person who alleges that a leader or public officer has committed a breach of this Code may lodge a complaint to that effect with the Inspectorate and the Inspectorate shall register the complaint. the complaint is not trivial or frivolous and is not made in bad faith; and the subject matter of the complaint is not outside the jurisdiction of the Inspectorate . The Inspectorate shall, upon completion of an investigation and being satisfied with the circumstances set out under subsection (2)(a) and (b) , inform a leader or public officer that a complaint has been made against him or her. The Inspectorate ’s decision not to investigate or cause a complaint to be investigated, shall not limit the Inspectorate ’s power to make an investigation generally into a matter on its own initiative. A complainant is entitled to be informed of any action the Inspectorate intends to take or has taken in respect of his or her complaint. A leader or public officer shall, within thirty days of receipt of the notification under subsection (3) , respond in writing to the complaint made against him or her. Any person who knowingly gives false information to the Inspector General under this section commits an offence and is liable, on conviction, to a fine not exceeding one hundred currency points or to imprisonment for a term not exceeding two years, or both.

Section 21Verify source

§ 22Proceedings of Inspectorate - Report of InspectorateOffence

Section Report of Inspectorate Section Upon completion of an investigation under section 21(3) , the Inspectorate shall— The report of the Inspectorate under subsection (1) shall set out— in case of a finding disclosing an act or omission constituting a breach of this Code, make a report and refer the matter to the Tribunal for adjudication; in case of a finding disclosing no act or omission constituting a breach of this Code, make a report to the complainant or any other person as the Inspectorate deems fit; in case of a finding disclosing an act or omission constituting an offence under this Code or any other law, make a report to the Directorate of Public Prosecutions. the nature of the breach or offence which the leader or the public officer has been found to have committed; the circumstances of the breach or offence; a brief summary of the evidence received during the investigation of the breach or offence; and the findings. The Inspectorate shall, within seven days of submitting a report to the Tribunal , avail the report to the leader or the public officer against whom it is made and all such persons as the Inspectorate deems fit. Notwithstanding subsection (1) , where the investigation in section 21 relates to a sitting President, the Inspectorate shall comply with Article 98(4) and (5) of the Constitution .

Section 22Verify source

Part VI

Leadership Code Tribunal

§ 23Leadership Code Tribunal - Establishment of Leadership Code TribunalProvision

The Tribunal must consist of a Chairperson, Deputy Chairperson and three other members, at least two of whom shall be female.

Section Establishment of Leadership Code Tribunal Section There is established a Leadership Code Tribunal . The Tribunal shall consist of a Chairperson, Deputy Chairperson and three other members, at least two of whom shall be female.

Section 23Verify source

§ 24Leadership Code Tribunal - Functions of TribunalProvision

The Tribunal must carry out specified functions: receive, examine and adjudicate breaches and certain complaints, decide matters referred by the Inspectorate and submit decisions, and recommend disciplinary action against a leader.

Section Functions of Tribunal Section In enforcing this Code, the Tribunal shall, in addition to any other functions under this Code, carry out the following functions— receive, examine and adjudicate— any breach of this Code referred to it by the Inspectorate ; any complaint referred to it by any person aggrieved by the decision of the Inspectorate under section 11 (7) of this Code; make a decision on any matter referred to it by the Inspectorate and submit it to the authorised person and the Inspectorate ; and make recommendations to the authorised person on disciplinary action to be taken against a leader .

Section 24Verify source

§ 25Leadership Code Tribunal - Appointment of members of TribunalProvision

The President appoints the Chairperson, Deputy Chairperson and other Tribunal members on the advice of the Judicial Service Commission and with Parliament's approval; a person cannot be appointed Chairperson or Deputy Chairperson unless qualified to be a High Court judge; the Deputy Chairperson presides when the Chairperson is absent.

Section Appointment of members of Tribunal Section The Chairperson, Deputy Chairperson and other members of the Tribunal shall be appointed by the President, acting on the advice of the Judicial Service Commission, with the approval of Parliament. A person is not qualified to be appointed Chairperson or Deputy Chairperson unless he or she is qualified to be appointed a judge of the High Court. The Deputy Chairperson shall preside over meetings of the Tribunal in the absence of the Chairperson.

Section 25Verify source

§ 26Leadership Code Tribunal - Qualifications for appointmentProvision

A person is eligible for appointment as a member of the Tribunal only if they are a Ugandan citizen, of high moral character and proven integrity, possess considerable experience and competence, hold a recognized degree, and have at least ten years' work experience (except for the Chairperson and Deputy Chairperson).

Section Qualifications for appointment Section A person shall not be eligible for appointment as a member of the Tribunal unless that person— A member of the Tribunal , other than the Chairperson and Deputy Chairperson, shall— is a citizen of Uganda; is a person of high moral character and proven integrity; and possesses considerable experience and demonstrated competence and is of high caliber in the conduct of public affairs. be a holder of a degree granted by a university in Uganda or outside Uganda, that is recognised as a degree by the National Council for Higher Education; and possess at least ten years’ work experience.

Section 26Verify source

§ 27Leadership Code Tribunal - Tenure of officeProvision

A member of the Tribunal holds office for five years and is eligible for re-appointment for only one further term.

Section Tenure of office Section A member of the Tribunal shall hold office for five years and shall be eligible for re-appointment for one more term only. A member of the Tribunal shall be appointed on full time basis. The appointment of a new member of the Tribunal or the re-appointment of a current member of the Tribunal shall be made at least three months before the expiry of the current term of a member of the Tribunal or within three months from the date on which the Judicial Service Commission notifies the President of the existence of a vacancy on the Tribunal .

Section 27Verify source

§ 28Leadership Code Tribunal - Conditions of appointmentProvision

The Chairperson or member must hold office under the terms in their letter of appointment; a member must resign if serving in an office listed in Schedule 2 or 3; a judge's existing tenure and rights are not affected by appointment to the Tribunal.

Section Conditions of appointment Section Subject to this Act, the Chairperson or a member of the Tribunal shall hold office on such terms and conditions as are prescribed in his or her letter of appointment. A person appointed as a member of the Tribunal shall resign his or her office if he or she is serving in an office listed under Schedule 2 or 3 to this Code. Notwithstanding subsection (2) , the appointment of a Judge as a member of the Tribunal shall not affect his or her tenure of office as a Judge, or his or her rank, title, status, precedence, salary and allowances or other rights or privileges as the holder of the office of Judge of the courts of judicature and for all purposes, his or her service as a member of the Tribunal shall be taken to have been service as holder of the office of such a Judge.

Section 28Verify source

§ 29Leadership Code Tribunal - Oath of officeProvision

A person appointed as Chairperson or member of the Tribunal must, before assuming office duties, take and subscribe the Oath of Allegiance and the Judicial Oath.

Section Oath of office Section A person appointed as Chairperson or member of the Tribunal shall, before assuming the duties of his or her office, take and subscribe the Oath of Allegiance and the Judicial Oath set out in the Fourth Schedule to the Constitution .

Section 29Verify source

§ 30Leadership Code Tribunal - Termination of appointmentOffence

The section governs removal, suspension, resignation, committee inquiry and related appointments for the Chairperson or members of the Tribunal.

Section Termination of appointment Section The Chairperson or a member may be removed from office by the President for— The Chairperson or a member of the Tribunal may resign his or her office upon giving notice of one month in writing to the President. inability to perform the functions of his or her office arising from infirmity of body or mind; misbehaviour or misconduct; incompetence; being an undischarged bankrupt; being convicted of an offence and sentenced to imprisonment for six months or more by a competent court in Uganda or other jurisdiction; or breach of any provision of this Code. The President shall remove the Chairperson or a member of the Tribunal if the question of his or her removal has been referred to a committee appointed under subsection (4) and the committee has recommended to the President that the member ought to be removed from office on any ground described in subsection (2) . The question whether the Chairperson or a member of the Tribunal should be removed, shall be referred to a committee appointed by the President consisting of three persons who are or who have held office as judges or who are advocates of at least ten years’ standing. The committee appointed under subsection (4) shall inquire into the matter and report to the President, recommending whether or not the Chairperson or the member ought to be removed from office under this section. Where the question of the removal of the Chairperson or a member of the Tribunal is referred to a committee under this section, the President shall suspend the Chairperson or member from performing the functions of his or her office. Where the Deputy Chairperson is suspended under subsection (6) , the President shall nominate one member of the Tribunal to act as Deputy Chairperson. A suspension under subsection (6) shall cease to have effect if the President, upon recommendation of the committee not to remove the member from office, lifts the suspension, by written notification to the Tribunal.

Section 30Verify source

§ 31Leadership Code Tribunal - Disclosure of interestOffence

Members of the Tribunal who have an interest in a matter must disclose that interest to the parties at any stage; a member who discloses must not take part in decisions on that matter; failure to disclose and participating is an offence punishable by a fine not exceeding 150 currency points or up to three years' imprisonment, or both.

Section Disclosure of interest Section A member of the Tribunal who has an interest, pecuniary or otherwise in a matter before the Tribunal that could conflict with the proper performance of his or her functions, shall disclose the nature of his or her interest to the parties to the proceedings at any stage of the proceedings. A member who makes a disclosure under subsection (1) shall not take part in any decision of the Tribunal with respect to that matter. Any member of the Tribunal who fails to disclose any interest in a matter before the Tribunal and participates in the proceedings of the Tribunal commits an offence and is liable, on conviction, to a fine not exceeding one hundred fifty currency points or to imprisonment for a term not exceeding three years, or both.

Section 31Verify source

§ 32Leadership Code Tribunal - Official sealProvision

The Tribunal must have a seal, and the Tribunal must affix its seal to documents required to be sealed by the Chairperson's direction.

Section Official seal Section The Tribunal shall have a seal which shall be judicially noticed. The seal of the Tribunal shall be affixed by or with the authority of the Tribunal to such documents as are required, by direction of the Chairperson, to be sealed with the seal of the Tribunal .

Section 32Verify source

§ 33Leadership Code Tribunal - Arrangement of businessProvision

The Chairperson must ensure the orderly and expeditious discharge of the Tribunal's business and give directions about the arrangement of business, where the Tribunal sits, and Tribunal procedure.

Section Arrangement of business Section Without limiting the operation of subsection (1) , the Chairperson shall give directions as to— Subject to this Act, the Chairperson is responsible for ensuring the orderly and expeditious discharge of the business of the Tribunal . the arrangement of the business of the Tribunal ; the places at which the Tribunal may sit; the procedure of the Tribunal generally; and the procedure of the Tribunal at a particular place.

Section 33Verify source

§ 34Leadership Code Tribunal - Quorum of TribunalProvision

The Tribunal must have a quorum of three members.

Section Quorum of Tribunal Section The quorum of the Tribunal shall be three members.

Section 34Verify source

§ 35Leadership Code Tribunal - RemunerationProvision

The Chairperson and a member of the Tribunal must be paid remuneration determined by the Minister in consultation with the Minister responsible for finance.

Section Remuneration Section The Chairperson and a member of the Tribunal shall be paid such remuneration as may be determined by the Minister in consultation with the Minister responsible for finance.

Section 35Verify source

§ 36Leadership Code Tribunal - Funds, accounts and auditProvision

The Tribunal's funds include parliamentary appropriations, Minister-approved grants and other Minister-approved money; the registrar administers the funds; the Tribunal must keep proper books subject to audit by the Auditor General.

Section Funds, accounts and audit Section The funds of the Tribunal shall consist of— money appropriated by Parliament for the functions of the Tribunal ; grants received by the Tribunal with the approval of the Minister ; and any other money as may, with the approval of the Minister , be received by or made available to the Tribunal for the purpose of performing its functions. The funds of the Tribunal shall be administered and controlled by the registrar. The Tribunal shall keep proper books of accounts which shall be subject to audit by the Auditor General.

Section 36Verify source

§ 37Leadership Code Tribunal - Financial yearProvision

The Tribunal's financial year is a twelve-month period starting 1 July and ending 30 June of the following year.

Section Financial year Section The financial year of the Tribunal shall be the period of twelve months commencing on the 1st day of July and ending on the 30th day of June of the following year.

Section 37Verify source

§ 38Leadership Code Tribunal - Annual reportProvision

The Chairperson must submit to the Minister an annual report, including audited accounts.

Section Annual report Section The Chairperson shall submit to the Minister , as soon as is practicable but not later than four months after the end of each financial year, a report detailing the Tribunal ’s activities during the year to which the report relates, including the audited accounts of the Tribunal .

Section 38Verify source

§ 39Leadership Code Tribunal - Jurisdiction of TribunalProvision

The Tribunal has jurisdiction to hear and determine breaches referred by the Inspectorate under section 22 and complaints by persons aggrieved by Inspectorate decisions under section 11(7).

Section Jurisdiction of Tribunal Section The Tribunal shall have jurisdiction to hear and determine— all breaches referred to it by the Inspectorate under section 22 ; and all complaints made by persons aggrieved by decisions of the Inspectorate under section 11(7) .

Section 39Verify source

§ 40Leadership Code Tribunal - Powers of TribunalProvision

The Tribunal has powers like the High Court in hearings: it shall take evidence on oath and may summon persons, receive affidavit evidence, administer interrogatories, adjourn hearings, proceed in absence with reasonable notice, issue commissions abroad, and make enforceable orders as to costs.

Section Powers of Tribunal Section For the purposes of proceedings before the Tribunal , the Tribunal — For the purposes of the hearing of a proceeding before the Tribunal , the Tribunal shall have powers of the High Court to summon a person to appear before it— shall take evidence on oath; may proceed in the absence of a party who has had reasonable notice of the proceedings; may adjourn the hearing of the proceedings for sufficient cause; and may make any order which it deems appropriate to give effect to its orders. to give evidence; or to produce books, documents or things in the possession, custody or control of the person named in the summons. Where the Tribunal considers it desirable for the purposes of avoiding expense or delay, or for any other justifiable reason, it may receive evidence by affidavit and administer interrogatories and require the persons to whom interrogatories are administered to make a full and true reply to the interrogatories. The Tribunal may issue a commission or request to examine witnesses abroad. The Tribunal may make an order as to costs against any party, and the order shall be enforceable in the same manner as an order of the High Court.

Section 40Verify source

§ 41Leadership Code Tribunal - ProcedureProvision

The Tribunal sets its own procedure, must conduct proceedings with minimal formality, is not bound by the rules of evidence, may inform itself and apply court practice rules, and shall have assistance available to courts in Uganda.

Section Procedure Section Subject to this Act, the Tribunal may determine its own procedure. A proceeding before the Tribunal shall be conducted with as little formality and technicality as possible, and the Tribunal shall not be bound by the rules of evidence, but may inform itself on any matter in such manner as it considers appropriate. The proceedings of the Tribunal shall be conducted in accordance with such rules of practice and procedure as the Tribunal may specify, and the Tribunal may apply the rules of practice and procedure of any court subject to such modifications as the Tribunal may direct. The Tribunal shall have such assistance in carrying out its lawful summons, processes, orders, rules, decrees or commands as is available to a court in Uganda.

Section 41Verify source

§ 42Leadership Code Tribunal - Representation before TribunalProvision

In proceedings before the Tribunal, a party may appear in person or be represented by an advocate or another person of their choice.

Section Representation before Tribunal Section In any proceedings before the Tribunal , a party may appear in person or may be represented by an advocate or a person of his or her choice.

Section 42Verify source

§ 43Leadership Code Tribunal - Decision of TribunalProvision

The Tribunal must promptly make a written decision with reasons after the hearing, provide that decision within seven days to specified parties, and may impose punishments (from section 63) if it finds a contravention.

Section Decision of Tribunal Section The Tribunal shall, as soon as practicable, after the hearing has been completed, make a decision in writing and state the reasons for the decision. The Tribunal shall, within seven days of making a decision in subsection (1) , avail it to the Inspectorate, the leader or public officer against whom the proceedings were instituted and any other person as the Tribunal deems fit. Where the Tribunal finds that a leader or public officer has contravened any of the provisions of this Code, it shall impose upon that leader or public officer any of the punishments specified in section 63 .

Section 43Verify source

§ 44Leadership Code Tribunal - Appeals to High Court from decisions of TribunalProvision

An aggrieved party may appeal a Tribunal decision to the High Court within thirty days of notification; the High Court must hear and determine the appeal and may order affirmation, setting aside, or remittance to the Tribunal.

Section Appeals to High Court from decisions of Tribunal Section A party who is aggrieved by the decision of the Tribunal may, within thirty days after being notified of the decision in section 43 , appeal that decision to the High Court. The High Court shall hear and determine the appeal and shall make such orders as it considers appropriate by reason of its decision, including an order affirming or setting aside the decision of the Tribunal or an order remitting the case to the Tribunal for reconsideration.

Section 44Verify source

§ 45Leadership Code Tribunal - Registrar of TribunalProvision

Creates the office of Registrar of the Tribunal, requires the Registrar to be qualified as a High Court Registrar, requires appointment by the Minister in consultation with the Judicial Service Commission, and assigns the Registrar responsibility for administration, records and document processing.

Section Registrar of Tribunal Section There shall be a Registrar of the Tribunal , who shall be a person qualified to be a Registrar of the High Court and who shall be appointed by the Minister in consultation with the Judicial Service Commission. The Registrar shall be responsible for the day-to-day administration of the affairs of the Tribunal , the keeping of a public record of the proceedings of the Tribunal and the processing of the documents of the Tribunal .

Section 45Verify source

§ 46Leadership Code Tribunal - Appointment of other officers and staffProvision

The Public Service Commission shall appoint the officers and staff of the Tribunal.

Section Appointment of other officers and staff Section There shall be officers and staff of the Tribunal as may be necessary for the effective performance of the functions of the Tribunal . The officers and staff of the Tribunal shall be appointed by the Public Service Commission on terms and conditions determined by the Public Service Commission.

Section 46Verify source

§ 47Leadership Code Tribunal - Failure to comply with summonsProvision

A person served with a summons by the Registrar must either appear as a witness before the Tribunal or produce a book, document or thing.

Section Failure to comply with summons Section Any person who has been served with summons issued by the Registrar— to appear as a witness before the Tribunal ; or to produce a book, document or thing,

Section 47Verify source

§ 48Leadership Code Tribunal - Contempt of TribunalProvision

Anyone must not insult Tribunal members, interrupt Tribunal proceedings, create disturbances at tribunal sittings, or do acts that would amount to contempt of court.

Section Contempt of Tribunal Section Any person who— insults a member in, or in relation to, the exercise of his or her powers or functions as a member of the Tribunal ; interrupts the proceedings of the Tribunal ; creates a disturbance, or takes part in creating a disturbance in or near a place where the Tribunal is sitting; or does any other act or thing that would, if the Tribunal were a court of record, constitute contempt of court,

Section 48Verify source

§ 49Leadership Code Tribunal - Action on decision of TribunalProvision

Sets deadlines and procedural steps for the Registrar, the authorised person and reporting to the Tribunal following a Tribunal decision, and prescribes effects and requirements when dismissal or removal from office occurs.

Section Action on decision of Tribunal Section The Registrar of the Tribunal shall inform the authorised person in writing, of the decision of the Tribunal , within thirty days after the date of the decision. The authorised person shall, within thirty days of receipt of the decision under subsection (1) , take action as directed by the Tribunal. The authorised person shall report to the Tribunal in writing within fourteen days after the expiration of the thirty days referred to in subsection (2), of the action taken by him or her. Notwithstanding subsection (2) , where the grounds or procedure for the dismissal or removal from office of a leader is prescribed under the Constitution , the decision of the Tribunal to the authorised person shall be a recommendation to the authorised person to exercise such disciplinary action as prescribed under the Constitution . Notwithstanding anything to the contrary, where a leader or public officer is dismissed or removed from office for misbehaviour or misconduct under any law, a breach of this Code shall constitute misbehaviour or misconduct under that law. Where any disciplinary action is recommended by the Tribunal , the authorised person shall ensure that the disciplinary action is carried out in accordance with the procedure prescribed in the law under which such a leader or public officer is disciplined. A leader or public officer who is dismissed or removed from office as a result of the decision of the Tribunal , shall not hold any other public office , whether appointive or elective, for a period of five years from the date of dismissal or removal from office.

Section 49Verify source

§ 50Leadership Code Tribunal - Forfeiture and compensationProvision

If a Tribunal finds a leader or public officer obtained property in breach of the Code, that leader or officer must forfeit the property; the Tribunal may also order them to pay compensation to the Government or a public body.

Section Forfeiture and compensation Section Where, according to the decision of the Tribunal under section 49 , a leader or public officer is proved to have obtained any property through a breach of this Code, the leader or public officer shall, subject to any appeal which the leader or public officer may make under section 44 , forfeit the property by virtue of the decision of the Tribunal and the property shall be held in trust for the Government or the public body by an agent or broker appointed by the Tribunal, until it is lawfully disposed of. The Tribunal may order the leader or public officer referred to in subsection (1) to pay, by way of compensation to Government or a public body, a sum which 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.

Section 50Verify source

Part VII

General

§ 51General - Special powers of Inspector GeneralProvision

Section Special powers of Inspector General Section 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 may appear to him or her to be reasonable on the operation of any bank account of a leader or public officer or any person being investigated, for the purpose of ensuring payment to the Government or a public body or prevention of dissipation of any money derived from or related to the violation of this Code. The leader or public officer shall be allowed reasonable access to the account frozen under subsection (1) and shall be allowed to withdraw such amount of money as the Inspector General may deem reasonable in the circumstances. 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 may appear to him or her to be reasonable, on the disposal of any property of a leader or a public officer 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.

Section 51Verify source

§ 52General - Procuring information and attendance of witnessesProvision

Subject to the Act, the Inspectorate may summon persons able to give information, require them to produce documents and to attend and be examined on oath.

Section Procuring information and attendance of witnesses Section Subject to this Act, the Inspectorate may— summon any person who, in the opinion of the Inspectorate , is able to give information relating to any matter relevant to the investigation being conducted by it, to appear before the Inspectorate and to furnish such information and produce any document, papers or thing that may be in the possession or under the control of that person; and by order in writing, summon that person to attend before the Inspectorate at a specified time and place and to be examined on oath.

Section 52Verify source

§ 53General - Protection of informers and witnessesOffence

Protects persons who provide information to the Inspectorate by prohibiting disclosure of their identity, allows rewards as the Inspector General deems fit, and makes unlawful disclosure or victimisation an offence punishable by a fine up to one hundred twenty currency points or imprisonment up to five years, or both.

Section Protection of informers and witnesses Section A person who provides information to the Inspectorate — shall be protected and his or her identity shall not be disclosed; and may be rewarded for his or her information and paid such amount of money as the Inspector General may deem fit. 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 any way for doing so. Any person who unlawfully discloses the identity of an informer or victimises a person for giving information to or assisting the Inspectorate commits an offence and is liable, on conviction, to a fine not exceeding one hundred twenty currency points or to imprisonment for a term not exceeding five years, or both.

Section 53Verify source

§ 54General - Procedure of InspectorateProvision

The Inspectorate may make rules regulating procedure under this Code, subject to the Code's provisions and after consulting the Minister and the Attorney General.

Section Procedure of Inspectorate Section 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.

Section 54Verify source

§ 55General - Inspectorate to observe rules of natural justiceProvision

The Inspectorate must observe the rules of natural justice when investigating an allegation under this Code.

Section Inspectorate to observe rules of natural justice Section While investigating an allegation under this Code, the Inspectorate shall observe the rules of natural justice.

Section 55Verify source

§ 56General - Witness allowancesProvision

A witness called by the Inspectorate to give evidence during investigations is entitled to allowances determined by the Inspector General.

Section Witness allowances Section A witness called by the Inspectorate to give evidence during investigations by the Inspectorate shall be entitled to such allowances as may be determined by the Inspector General .

Section 56Verify source

§ 57General - False informationOffence

Any person who knowingly makes false, malicious, frivolous or vexatious allegations against someone commits an offence and may be fined up to 120 currency points or imprisoned for up to five years, or both.

Section False information Section Any person who knowingly makes false, malicious, frivolous or vexatious allegations under this Code against a person commits an offence and is liable, on conviction, to a fine not exceeding one hundred twenty currency points or to imprisonment for a term not exceeding five years, or both.

Section 57Verify source

§ 58General - Application of other powers of InspectorateProvision

When enforcing the Code, the Inspectorate shall have all the powers conferred on it by Chapter Thirteen of the Constitution or any other law.

Section Application of other powers of Inspectorate Section The Inspectorate shall, when enforcing this Code, have all the powers conferred on it by Chapter Thirteen of the Constitution or any other law.

Section 58Verify source

§ 59General - Inspection of bank accountsOffence

The Inspectorate may, by order signed by the Inspector General or Deputy Inspector General, authorise persons under its control to inspect various bank accounts; orders authorize disclosure/production of required information; refusal or unreasonable failure to comply is an offence punishable by up to 150 currency points or up to three years' imprisonment, or both.

Section Inspection of bank accounts Section 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 its control to inspect any bank account, share account, purchase account, expense account or any other safe or deposit book in a bank. An order made under subsection (1) 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. 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 one hundred fifty currency points or to imprisonment for a term not exceeding three years, or both.

Section 59Verify source

§ 60General - Action against certain leadersProvision

Specifies which named official or body is the authorised person to act on breaches of the Code for different office-holders (for example, Speaker or Deputy Speaker for members of Parliament; district council for district chairperson; subcounty council for subcounty chairperson), and requires the Inspector General and Deputy Inspector General to declare assets to the Speaker with breaches by them to be dealt with by Parliament; Parliament may appoint a non-public entity to verify or investigate and report to the Speaker.

Section Action against certain leaders Section 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 the case of the Speaker, the authorised person shall be the committee of Parliament on rules, privileges and discipline. In the case of a district chairperson, the authorised person shall be the district council. In the case of a subcounty chairperson, the authorised person shall be the subcounty council. In the case of a district speaker or deputy speaker and a member of the executive committee or Councillor, the authorised person shall be the district council. In the case of a chairperson or deputy chairperson of a municipality, the authorised person shall be the municipal council. In the case of a chairperson or member of the contracts committee of a district or district land board, the authorised person shall be the district council. In the case of the Chairperson or a member of the Tribunal and any other person appointed by the President, the authorised person shall be the President. Notwithstanding any provision of this Code, the Inspector General and Deputy Inspector General shall declare their income, 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. Parliament may appoint an entity other than a public body to verify the declarations made under subsection (8) or to investigate any complaint for breach of this Code by the Inspector General and the Deputy Inspector General. The entity appointed under subsection (9) shall make a report of its findings and submit it to the Speaker of Parliament.

Section 60Verify source

§ 61General - Action against chief administrative officer and town clerkProvision

If the Tribunal finds a violation by a chief administrative officer (or deputy) the authorised person is the Public Service Commission; if by a town clerk (or other district employee) the authorised person is the District Service Commission.

Section Action against chief administrative officer and town clerk Section Where the Tribunal has made findings with respect to a violation of this Code— by a chief administrative officer or deputy chief administrative officer, the authorised person shall be the Public Service Commission; or by a town clerk or other employee of a district, the authorised person shall be the District Service Commission.

Section 61Verify source

§ 62General - Protection of officers of InspectorateProvision

Officers of the Inspectorate acting on instructions of the Inspector General or Deputy Inspector General are exempt from civil or criminal liability for acts done in good faith in the performance of duties, subject to this Code.

Section Protection of officers of Inspectorate Section 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.

Section 62Verify source

§ 63General - Penalties for breach of CodeOffence

Leaders and public officers who breach the Code are liable to specified penalties including fines, warnings or cautions, demotion, dismissal, confiscation or forfeiture of unlawfully acquired property, withholding of emoluments, and related sanctions.

Section Penalties for breach of Code Section A leader or public officer who commits a breach of this Code shall— in the case of a breach under sections 4(10) and 5(5) , be liable to— in the case of a breach under sections 4(9) , 4(11) and 5(6) and 5(7) — in the case of a breach under sections 6 , 10 , 13 , 15(1) , 18(6) and 19(4) , be liable to— in the case of a breach under section 12 , be liable to— pay a fine not exceeding two hundred currency points; a caution; demotion; dismissal from office; have the excess or undeclared property confiscated and forfeited to the Government where it is proved that the excess or undeclared property was unlawfully acquired; or forfeit the monetary equivalent of the excess or undeclared property referred to in subparagraph (v) to the Government; be liable to pay a fine not exceeding twenty currency points per month for the initial three months of non-submission of the declaration ; after the three months referred to in subparagraph (i) , be liable to pay a fine not exceeding forty currency points per month for two months; after the period of failure to submit the declaration referred to in subparagraph (ii) , have his or her emoluments withheld until he or she submits a declaration; in addition to the penalties in subparagraphs (i) , (ii) and (iii) , be liable to a warning, demotion, dismissal or to vacate office; dismissal from office; or vacate office; forfeit the benefit equivalent to the gift , hospitality or benefit , to the Government or institution; caution or warning in writing; vacate office. The authorised officer shall refund the emoluments withheld under subsection (1)(b)(iii) to the leader or public officer upon the leader or public officer submitting a declaration of his or her income, assets and liabilities in accordance with this Act.

Section 63Verify source

§ 64General - OffencesOffence

Any person must not wilfully obstruct or hinder an official acting under the Code, and must not divulge information obtained in the course of duty without lawful justification.

Section Offences Section Any person who— without justification or lawful excuse, wilfully obstructs or hinders a person acting in the exercise of his or her functions under this Code; or divulges, without lawful justification, any information which he or she has obtained in the course of any duty conferred by this Code, Any person who is convicted of an offence under this Code for which no penalty is prescribed is liable to a fine not exceeding one hundred fifty currency points or to imprisonment for a term not exceeding three years, or both.

Section 64Verify source

§ 65General - Annual reportProvision

The Inspectorate must include, in its statutory report to Parliament under Article 231 of the Constitution, a report on its enforcement of this Code.

Section Annual report Section The Inspectorate shall include in its statutory report to Parliament under Article 231 of the Constitution , a report on its enforcement of this Code.

Section 65Verify source

§ 66General - RegulationsOffence

The Minister may, in consultation with the Inspector General, by statutory instrument, make regulations to carry out this Code.

Section Regulations Section The Minister may, in consultation with the Inspector General , by statutory instrument, make regulations for better carrying out of the provisions of this Code. Regulations made under this section may prescribe, as a penalty for contravention of any of the regulations, a fine not exceeding one hundred currency points or imprisonment for a term not exceeding one year.

Section 66Verify source

§ 67General - Power to amend SchedulesAmendment

The Minister may amend Schedule 1 with Cabinet approval, and may make an order to amend Schedules 2 and 3 after Parliament approves by resolution; both actions are by statutory instrument.

Section Power to amend Schedules Section The Minister may, by statutory instrument, with the approval of Cabinet, amend Schedule 1 to this Code. The Minister may, by statutory instrument make an order, after approval of Parliament by resolution, to amend Schedules 2 and 3 to this Code.

Section 67Verify source

Legislative relationships

12 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

3 instruments

Civil Procedure Act
Section 50
Code Leaders and public officers who breach the Code
Section 63
Code The Leadership Code
Section 2

G–M

5 instruments

Inspectorate Section Subject to this Code
Section 62
Inspectorate The Inspectorate may make rules regulating procedure under this Code
Section 54
Inspectorate The Inspectorate must perform specified enforcement functions under the Code
Section 3
Inspectorate When enforcing the Code
Section 58
Leadership Code
Section 23

N–S

3 instruments

Parliament is in breach of this Code
Section 60
Public Assets Act
Section 12
Schedule 1 to this Code
Section 67

T–Z

1 instrument

Tribunal Section In enforcing this Code
Section 24

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31 Dec 2023 · currentEnglish

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