Kenya Subsidiary Legislation, 2020 1253

10. For drawing an order, for each folio or part thereof 100
11. For drawing a bill of costs, for each folio or part thereof 100

12. For drawing any other necessary documents to be filed or 100

used in the court, for each folio or part thereof
13. For making any necessary copies, for each folio or part
thereof—
(a) for the first copy 20
(b) for each subsequent copy 20
14. For attendance at the Registry 200
15. For attendance on the Registrar—
(a) for the first 15 minutes 300
(b) for each subsequent 15 minutes 100
16. For attending on a judge in chambers—
(a) for the first 30 minutes 1,000
(b) for each subsequent 30 minutes 500
17. For attending in court, where the matter was listed but not 750
reached, for each day
18. For attending in court on the hearing
of any petition, reference or application—
(a) for the first 30 minutes 1,000
(b) for each subsequent 30 minutes 500
19. For attending in court to take judgment 1,000

Made on the 26th May, 2020.

DAVID MARAGA,
Chief Justice/President of the Supreme Court.

LEGAL NOTICE No. 102

THE JUDICIAL SERVICE ACT
(No. 1 of2011)
THE JUDICIAL SERVICE (CODE OF CONDUCT AND ETHICS)
REGULATIONS, 2020
Regulation PR
PART 1—PRELIMINARY PROVISIONS
1—Citation.
2—Interpretation.
1254 Kenya Subsidiary Legislation, 2020

3—Objects of Regulations.
4—Guiding principles of the Code.
5—Application.
6—Moral and ethical requirements.
PART II—CODE OF CONDUCT AND ETHICS FOR JUDGES
7—Independence.
8—Dignity and integrity of the court processes.
9—Impartiality.
10—Private communication.
11—Integrity.
12—Responsibility for Social media activities, etc.
13—Accountability and prohibition against bribery, and other
corrupt practices.
14—Propriety.
15—Equality and non-discrimination.
16—Professionalism.
17—Involvement in other activities.
18—Commenting on matters pending in court.
19—Offers of future benefits.
20—Conflict of interest.
21—Recusal.
22—Public collections.
23—Participation in tenders.
24—Care of public property.
25—Bank account outside Kenya.
26—Gainful employment.
27—Tax, financial, and legal obligations.
28—Bullying.
29—Prohibition against sexual harassment.
30—Acting through others.
31—Confidentiality.
32—Obtaining documents unlawfully.
33—Misleading the public and falsification of records.

 
Kenya Subsidiary Legislation, 2020 1255

PART III—CODE OF CONDUCT AND ETHICS FOR JUDICIAL

OFFICERS
34—Independence.
35—Dignity and integrity of the court process.
36—Impartiality.
37—Private communication.
38—Integrity.
39—Responsibility for Social media activities etc.
40—Propriety.
41—Equality and non-discrimination.
42—Professionalism.
43—Involvement in other activities.
44—Commenting on matters pending or impending in court.
45—Accountability and prohibition against bribery and corrupt
practices. Accountability and prohibition against bribery and
corrupt practices.
46—Conflict of interest.
47—Recusal.
48—Public collections.
49—Participation in tenders.
50—Acting through others.
51—Bank accounts outside Kenya.
52—Gainful employment.
53—Tax, financial and legal obligations.
54—Bullying.
55—Prohibition against sexual harassment.
56—Confidentiality.
57—Obtaining documents unlawfully.
58—Misleading the public and falsification of records.
PART IV— THE CODE OF CONDUCT AND ETHICS FOR
MEMBERS OF JUDICIAL STAFF
59—Performance of duty.
60—Professional judicial staff.
61—Confidentiality.
62—Conflict of interest.

 
1256 Kenya Subsidiary Legislation, 2020

63—Prohibition of improper enrichment.

64—Accountability and prohibition against bribery and corrupt
practices.
65—Integrity.
66—Responsibility for Social media activities etc.
67—Prohibition from sexual harassment.
68—Bullying.
69—Misuse of official information.
70—Bank accounts outside Kenya.
71—Care of property.
72—Public collections.
73—Participation in tenders.
74—Gainful employment.
75—Tax, financial, and legal obligations.
76—Obtaining documents unlawfully.
77—Misleading the public and falsification of records.
PART V—ENFORCEMENT, OVERSIGHT AND
IMPLEMENTATION OF THE CODE
78—Disciplinary procedure for breach of the code by a judge or a
judicial officer.
79—Breach of the Code.
80—Implementation of the Code.
81—Guidelines and administrative process.
82—Signing and subscription to the Code.
83—Code to supplement other legal requirements.
84—Review of the Code.
85—Revocation of L. N. No. 132 / 2016.
SCHEDULE

 
Kenya Subsidiary Legislation, 2020 1257

THE JUDICIAL SERVICE ACT

(Cap. 185B)
IN EXERCISE of the powers conferred by section 47(2)(a) of the
Judicial Service Act read with section 37 of the Leadership and
Integrity Act, 2012 and section 5(1) of the Public Officer Ethics Act,
2003, the Judicial Service Commission makes the following
Regulations—
JUDICIAL SERVICE (CODE OF CONDUCT AND ETHICS)
REGULATIONS, 2020
PART I— PRELIMINARY PROVISIONS

1.   These Regulations may be cited as the Judicial Service Citation.

(Code of Conduct and Ethics), Regulations, 2020.

2.   In Regulations, unless the context otherwise requires— Interpretation.

“Act” means the Judicial Service Act;

“Chief Registrar” has the meaning assigned to it under section 2

of the Act;

“confidential information” means information that has not been

made a matter of public record relating to pending cases, as well as
information not yet made public concerning the work of any judge,
judicial officer, or judicial staff relating to pending cases, including
notes, drafts, research papers, internal discussions, internal memoranda,
records of internal deliberations, and similar papers;

“Commission” has the meaning assigned to it under section 2 of

the Act;

“Code” means the Judicial Code of Conduct and Ethics;

“fiduciary interest” includes relationships such as those

associated with a business partner, an executor, administrator, a trustee
and guardian;

“immediate family” includes, spouse, son, daughter, brother,

sister, parent, grandparent, grandchildren, father-in-law, mother-in-law,
sister-in-law, brother-in-law, son-in-law, daughter-in-law, stepfather,
stepmother, stepson, stepdaughter, stepbrother, stepsister or person
living in the household of a judge or judicial officer;

“judge’s family” includes a judge's spouse, son, daughter, son-in-

law, daughter-in-law, or other person who forms part of the judge’s
household as a relative;

“judge's spouse” means the wife or husband of a judge married

under any recognized system of law in Kenya;

 
1258 Kenya Subsidiary Legislation, 2020

“judicial officer” has the meaning assigned to it under section 2

of the Act;

“judicial officer's family" includes a judicial officer's spouse,

son, daughter, son-in-law, daughter-in-law, or other person who forms
part of the judicial officer’s household as a relative;

“judicial officer's spouse" means the wife or husband of a

judicial officer married under any recognized system of law in Kenya;

“judicial staff” includes a person, other than a judge or a judicial

officer, employed by the Judiciary whether on a permanent and
pensionable basis, or on contractual basis including legal researchers,
consultants, any person on secondment to the Judiciary, casual
employee, interns, pupils and any other person undertaking an
attachment programme in the Judiciary;
“judicial staff’s spouse” means the wife or husband of a judicial
officer married under any recognized system of law in Kenya; and
“judicial staff's family" includes a judicial staff's spouse, son,
daughter, son-in-law, daughter-in-law, or other person who forms part
of the judicial staff’s household as a relative.

3.   The objects of this Code are to — Objects of the

Code.
(a)   give effect to Articles 168 (1) (b) and 172 (1) (c) of the
Constitution;
(b)   give effect to Article 10 of the Constitution on national
values and principles of governance;
(c)   give effect to the provisions of the Leadership and Integrity
Act, 2012, the Public Service (Values and Principles) Act,
2015 and the Public Officer Ethics Act, 2003; No. 19 of 2012.
No. 1A of 2015.
No. 4 of 2003.

(d)   provide for the Judicial Code of Conduct and Ethics, as a

guide on ethical conduct for judges, judicial officers and
judicial staff;
(e)   state basic standards governing the conduct of judges,
judicial officers and judicial staff;
(f)   provide guidance to assist judges, judicial officers, and
judicial staff in establishing and maintaining high standards
of judicial and personal conduct; and
(g)   provide a framework for the judiciary to regulate judicial
conduct of judges, judicial officers and judicial staff.

4.   This Code is founded on the — Guiding

Principles of the
Code.

 
Kenya Subsidiary Legislation, 2020 1259

(a)   fundamental principle in the Constitution that the

independence of the judiciary is guaranteed, and that the
implementation of the Code of Conduct and Ethics for
judges, judicial officers and judicial staff is the responsibility
of the Judicial Service Commission which is under the
obligation to promote and facilitate the independence and
accountability of the judiciary;

(b)   principle that public confidence in the judicial system and in

the moral authority and integrity of the judiciary, is of
utmost importance in a modern democratic society;

(c)   precept that a competent, independent, and impartial

judiciary is essential for courts to fulfil their role in
upholding constitutionalism and the rule of law;

(d)   constitutional requirement that when courts are exercising

judicial authority, judges and judicial officers must be
guided by the principles that —

(i)   justice shall be done to all, irrespective of status;

(ii)   justice shall not be delayed;

(iii)  alternative forms of dispute resolution including

reconciliation, mediation, arbitration and traditional
dispute resolution mechanisms, shall be promoted;

(iv)  justice shall be administered without undue regard to

procedural technicalities; and

(v)   the purpose and principles of the Constitution shall be

protected and promoted;

(e)   precept that a judge, judicial officer, and judicial staff shall
at all times act in a manner that promotes public confidence
in the independence, integrity, and impartiality of the
judiciary;

(f)   precept that judges and judicial officers, individually and

collectively, shall respect and honour the judicial office as a
public trust, and strive to maintain and enhance confidence
in the judicial system;

(g)   principle of equality before the law, which recognizes that

everyone is equal before the law, and is entitled, without
undue delay, to a fair and public hearing by a competent,
independent and impartial tribunal established by law;

(h)   principle that the duties of a judge and judicial officer, as

prescribed by law, shall take precedence over personal and
extrajudicial activities; and

 
1260 Kenya Subsidiary Legislation, 2020

(i)   recognition that judges, judicial officers and judicial staff

shall comply with the law, including this Code.

5.   This Code applies to — Application.

(a)   judges of superior courts;

(b)   judicial officers; and

(c)   judicial staff.

6.   For purposes of Article 166(2)(c) of the Constitution and Moral and ethical
section 13 of the Leadership and Integrity Act, 2012, a judge, judicial requirements.
officer, and judicial staff shall observe and maintain the following
ethical and moral requirements —

(a)   to demonstrate honesty in the conduct of public affairs

subject to the Public Officer Ethics Act, 2003;

(b)   not engage in activities that amount to abuse of office;

(c)   accurately and honestly represent information to the public;

(d)   not to engage in wrongful conduct in furtherance of personal

benefit;

(e)   prudently use public resources;

(f)   not to discriminate against any person, except as expressly

provided for under the law;

(g)   not to falsify records;

(h)   not to engage in actions which would lead to the person’s

removal from the membership of a professional body in
accordance with the law; and

(i)   not commit offences and in particular, any of the offences

under Parts XV and XVI of the Penal Code the Sexual Cap. 63.
Offences Act, 2006. No. 3 of 2006.

PART II—CODE OF CONDUCT AND ETHICS FOR JUDGES

7.   A judge shall exercise judicial authority independently and Independence.

shall—

(a)   uphold the independence and integrity of the judiciary and

the authority of the courts;

(b)   maintain an independence of mind in the performance of

judicial duties;

 
Kenya Subsidiary Legislation, 2020 1261

(c)   take all reasonable steps to ensure that no person, forum, or

organ of state, interferes with the functioning of the courts;

(d)   exercise judicial function on the basis of the judge’s own

assessment of the facts of the case, in accordance with a
conscientious understanding of the law, and without
reference to any extraneous influences; and

(e)   exercise judicial function without being influenced by

personal feelings, prejudice, or bias.

8.   A judge shall exercise all powers vested in the judge’s office Dignity and
by the Constitution and statute law for the maintenance of the dignity integrity of the
court processes.
of the court and for sustaining the integrity of court processes, and the
regular discharge of all proceedings coming up before the court.

9.   (1) A judge shall, at all times, carry out the duties of the Impartiality.
office with impartiality and objectivity in accordance with Articles 10,
27, 73(2)(b) and 232 of the Constitution and shall not practice
favouritism, nepotism, tribalism, cronyism, religious and cultural bias,
or engage in corrupt or unethical practices.

(2)   In the discharge of duty, a judge shall—

(a)   uphold and apply the law;

(b)   observe fairness and impartiality;

(c)   cooperate with other judges in the discharge of judicial

duties, by ensuring unity of purpose and collegiality; and

(d)   perform all duties of the judicial office, including

administrative duties impartially, competently, diligently,
and without bias.

10.   (1) A judge shall not initiate, permit, or consider private Private
communication relating to a matter or case directed to the judge, communication.
regarding a pending or impending matter in court.

(2) If a judge receives private communication under sub-

regulation (1), the judge shall ensure that other parties concerned are
promptly informed, and shall keep a court record of the same.

(3)   A judge shall primarily speak through his or her judgment

and shall not enter into correspondence with a litigant or other person
relating to a matter pending, or impending, before the court, or
determined by the court.

11.   (1) A judge shall in the discharge of official duties, act Integrity.
honourably and in a manner befitting the judicial office.

(2) A judge shall not—

 
1262 Kenya Subsidiary Legislation, 2020

(a)   deliver an oral decision;

(b)   alter the substance of reasons given, or the transcript of

evidence or of the summing up thereof; or

(c)   after delivery of a decision, hold or keep a file in his or her

custody beyond twenty-four (24) hours from the time the
decision was delivered, except where the holding or
keeping of a file is provided for in any written law.

(3) A judge shall—

(a)   not accept any gifts, personal loans, bequests, benefits, or

other things of value, if acceptance is prohibited by law, or
would compromise the judge's independence, integrity, or
impartiality;

(b)   conduct the judge’s personal and extrajudicial activities in

such a manner as to minimize the risk of conflict with the
obligations of judicial office.

12.   A judge is responsible for his or her online activity and Responsibility for
should avoid any activity, action, or association that may reflect Social media
activities etc.
adversely on the Judge’s impartiality or interfere with the performance
of judicial duties or status of the office.

13.   (1) A judge shall not— Accountability

and prohibition
against bribery,
and other corrupt
practices.
(a)   use the judicial office to unlawfully or wrongfully enrich
himself or herself, or any other person; or

(b)   subject to Article 76(2)(b) of the Constitution, accept a

personal loan or benefit which may compromise the judge in
carrying out the duties of the office of a judge.

(2)   A judge, or any member of the judge’s family, shall not

directly or indirectly negotiate or accept remuneration, loan, gift,
advantage, or privilege that is incompatible with judicial office or that
can reasonably be perceived as being intended to influence the judge in
the performance of his or her judicial duties, or to serve as a reward.

(3)   A judge, or any member of the judge’s family, shall not ask
for, or accept any bribe, gift, loan, hospitality, advantage, privilege or
favour, in relation to anything done or to be done or omitted to be done
by the judge, in connection with the conduct of judicial duties, or which
might reasonably be perceived as being intended to influence the
discharge of judicial duties.

14.   (1) A judge shall avoid impropriety or appearance of Propriety.

impropriety and shall —

 
Kenya Subsidiary Legislation, 2020 1263

(a)   not subject himself or herself to improper influences;

(b)   not participate in activities such as will impair the dignity

and esteem of the court;

(c)  ensure order and decorum in proceedings before the court;

(d)   act courteously, and respect the dignity of others in court and
in chambers;

(e)  treat members of the public, judicial staff, and other public
officers with courtesy and respect;

(f)  not engage in any type of trade or business in court premises,

or encourage others to do so;

(g)   not lend the prestige of the judicial office to advance any
private interests; and

(h)   not serve as executor, administrator or other personal

representative, trustee, guardian or other fiduciary
responsibility, except for the estate, trust, or person of a
member of the judge’s family, and only if the service does
not interfere with the proper performance of judicial duties.

(2)   A judge may participate in extra-judicial activities,

including associated rights of citizenship, unless such activities are
incompatible with the confidence in, or the impartiality or
independence of the judge, or affect or may be perceived as affecting
the judge’s availability to perform his or her judicial obligations.

(3)  A judge shall conduct his or her private affairs in such a

manner as preserves the public confidence in the integrity of the
judicial office.

15.   A judge shall safeguard the right of equality before the law, Equality and non-
and the right of equal protection, and benefit of the law, without bias or discrimination.
prejudice.

16.   A judge shall— Professionalism.

(a)   carry out the duties of his or her office in a manner that
assures public confidence in the integrity of the office;

(b)   perform judicial, and administrative duties, competently,

diligently, promptly, and without favouritism;

(c)   maintain high standards of performance and professionalism

within the judiciary;

(d)   cooperate with other judges, and court officials, in the

administration of court business;

 
1264 Kenya Subsidiary Legislation, 2020

(e)   take reasonable steps to maintain and enhance his or her

knowledge, skills, and personal qualities necessary for the
proper performance of judicial duties, taking advantage, for
that purpose, of the training and other facilities available to
judges; and

(f)   comply with administrative rules or reasonable directives of

a presiding judge.

17.   (1) Subject to regulation 15, a judge may— Involvement in

other activities.

(a)   write, lecture, teach and participate in activities concerning

the advancement of the law, the legal system, the
administration of justice, or related matters;
(b)   engage in arts, sports and other social and recreational
activities, if such vocational activities do not adversely affect
the dignity of the judicial office or interfere with the
performance of the judge’s duties;
(c)   appear at a public hearing before an official body concerned
with matters relating to the law, the legal system, the
administration of justice, or related matters;
(d)   serve as a member of an official body, or other government
commission, committee or advisory body, if such
membership is not inconsistent with the perceived
impartiality and political neutrality of a judge; or
(e)   engage in other activities if such activities do not detract
from the dignity of the judicial office or otherwise interfere
with the performance of judicial duties.

(2)   No salary is payable to a judge for the performance of any

of the activities mentioned under this regulation.

(3)   A judge shall not engage in consultancy or practice law by

offering legal advice or drafting pleadings for litigants or members of
the public, while holding judicial office.

(4)   Subject to any legal requirements relating to public

disclosure, a judge may receive a token gift, award, honorarium,
benefit, or allowance as appropriate to the occasion, if the gift, award,
honorarium, or benefit would not be reasonably perceived as intended
to influence the performance of judicial duties.

18.   (1) A judge shall not, comment on proceedings pending in Commenting on

any court, and shall require similar abstention on the part of the court matters pending in
court.
personnel subject to the judge’s direction and control.

(2)   Subject to subregulation (1), a judge may make statements in

the course of his or her official duties on, or explain for public or
private information, the procedure of the court provided such

 
Kenya Subsidiary Legislation, 2020 1265

statements are not prejudicial to the integrity of the judiciary and the
administration of justice.

19.   (1) A judge shall not allow himself or herself to be Offers of future
influenced in the performance of the duties of the judicial office by benefits.
plans or expectations of offers of future benefits.

(2) A judge shall disclose, in writing, to the Chief Justice, such

offers of future benefits as could place the judge in a situation of
conflict of interest.

20.   (1) A judge shall use the best efforts to avoid being in Conflict of
situations where personal interests conflict or appear to conflict with interest.
the judge’s official duties.

(2)   A judge may hold shares or have any other interest in a

company, partnership or other body, directly or through another person,
if holding those shares, or having that interest, does not amount to a
conflict of interest such as will compromise the judge’s performance.

21.   (1) A judge may recuse himself or herself in any Recusal.

proceedings in which his or her impartiality might reasonably be
questioned where the judge—

(a)   is a party to the proceedings;

(b)   was, or is a material witness in the matter in controversy;

(c)   has personal knowledge of disputed evidentiary facts

concerning the proceedings;

(d)   has actual bias or prejudice concerning a party;

(e)   has a personal interest or is in a relationship with a person

who has a personal interest in the outcome of the matter;

(f)   had previously acted as a counsel for a party in the same

matter;

(g)   is precluded from hearing the matter on account of any other

sufficient reason; or

(h)   or a member of the judge’s family has economic or other

interest in the outcome of the matter in question.

(2)   Recusal by a judge shall be based on specific grounds to be

recorded in writing as part of the proceedings.

(3)   A judge may not recuse himself or herself if—

(a)   no other judge can deal with the case; or

 
1266 Kenya Subsidiary Legislation, 2020

(b)   because of urgent circumstances, failure to act could lead to

a serious miscarriage of justice;

(c)   the merits of the application for recusal have been

considered by a plural bench of judges, and recusal held to
be unnecessary.

(4)   In the case of a collegiate bench, the decision to dispense

with the disqualification of any judge shall be made by the bench.

22.   (1) A judge shall not solicit for contributions from the public Public collections.
for a public purpose unless the President has, by notice in the Gazette,
declared a national disaster and allowed a public collection for the
purpose of the national disaster in accordance with the law.

(2) A judge shall not participate in a public collection of funds in

a way that reflects adversely on that judge’s integrity or impartiality or
interferes with the performance of his or her judicial duties.

(3)   Subject to subregulation (2), a judge may participate in

voluntary fund-raising only if the same does not reflect adversely on the
judge’s integrity, or if it does not compromise the performance of the
judge’s duties.

23.   A judge shall not participate either directly or indirectly in a Participation in

tender for the supply of goods or services to the judiciary or the tenders.
Judicial Service Commission, though the holding of shares by a judge
in a company shall not be construed as participating in a tender of the
judiciary or the Commission, except where the judge has a controlling
shareholding in the company, or is a director of the Company.

24.   (1) A judge shall take all reasonable steps to ensure that Care of public
public property in the judge’s custody, possession, or control, is safely property.
kept.

(2) A judge shall return to the Chief Registrar of the Judiciary all
public property in the custody, possession or control of the judge when
the judge leaves office.

25.   (1) Subject to Article 76(2)(a) of the Constitution, a judge Bank account
shall not open or continue to operate a bank account outside Kenya outside Kenya.
without the approval of the Commission.

(2)   A judge who has reasonable grounds for opening or

operating a bank account outside Kenya shall apply to the Commission,
through the office of the Chief Justice for approval to open or operate a
bank account.

(3)   A judge who operates or controls the operation of a bank

account outside Kenya shall submit statements of the account annually
to the Commission, and shall, authorize the Commission to verify the

 
Kenya Subsidiary Legislation, 2020 1267

statements, and any other relevant information from the foreign

financial institution in which the account is held.

26.   (1) Subject to subregulation (2), a judge shall not participate Gainful
in any other gainful employment. employment.

(2)   In this section, “gainful employment” means work that a

person can pursue and perform for money or other form of
compensation or remuneration which is inherently incompatible with
the responsibilities of the judge, or which results in the impairment of
the judgment of the judge in the execution of the functions of the
judicial office, or results in a conflict of interest in the terms of this
Code.

27.   (1) A judge shall pay any taxes due from the judge as Tax, financial, and
prescribed by law. legal obligations.

(2) A judge shall not neglect his or her financial or legal

obligations.

28.   (1) A judge shall not bully any person. Bullying.

(2) For purposes of subregulation (1), “bullying” includes

repeated offensive behaviour which is vindictive, cruel, malicious or
humiliating and is intended to undermine a person.

29.   (1) A judge shall keep himself or herself informed about and Prohibition
shall duly observe the laws and policies relating to sexual harassment. against sexual
harassment.

(2) A judge shall not sexually harass a fellow member of staff or

any other person.

(3) For purposes of this Code, “sexual harassment” has the

meaning assigned to it in the Sexual Offences Act, 2006, the
Employment Act, 2007 and the Public Officer Ethics Act, 2003 and No. 11 of 2007.
includes doing any of the following, if the person doing it knows or
ought to know that it is —

(a)   bullying or coercion of a sexual nature, or the unwelcome

and inappropriate promise of rewards in exchange for sexual
favours;

(b)   exerting unwarranted pressure for sexual activity or favours;

(c)   making intentional or careless physical contact that is sexual

in nature; or

(d)   unwelcome sexual advances or requests for sexual favour,

verbal or physical conduct, sending of suggestive electronic
text messages, pictures and videos or gestures of a sexual

 
1268 Kenya Subsidiary Legislation, 2020

nature including noises, jokes or comments, or innuendos

regarding another person’s sexuality.

30.   (1) A judge contravenes this Code if the judge — Acting through
others.

(a)   causes anything to be done through another person that

would constitute a contravention of this Code if done by the
judge personally; or
(b)   allows or directs a person under the judge’s supervision or
control to do anything that is in contravention of the Code.
(2)   Subregulation (1)(b) shall not apply where anything is done
without the judge’s knowledge or consent, or if the judge has taken
reasonable steps to prevent it.
(3) A judge who acts under an unlawful direction is responsible
for his or her action.

31.   A judge shall not disclose to any unauthorized person for Confidentiality.
any purpose, any confidential information acquired in the course of
employment.

32.   A judge shall not without lawful authority take possession, Obtaining
control, disseminate or access for personal use or the use of any other documents
unlawfully.
person, official documents or court records.

33.   A judge shall not— Misleading the

public and
falsification of
records.
(a)   knowingly give false or misleading information to any
person; or

(b)   falsify any records or knowingly misrepresent information to

the public.

PART III—CODE OF CONDUCT AND ETHICS FOR JUDICIAL

OFFICERS

34.   A judicial officer shall exercise judicial authority Independence.

independently and shall—

(a)   uphold the independence and integrity of the judiciary and

the authority of the courts;
(b)   maintain an independence of mind in the performance of
judicial duties;
(c)   exercise the judicial function on the basis of the judicial
officer’s own assessment of the facts of the case, in
accordance with a conscientious understanding of the law,
and without reference to any extraneous influences;

 
Kenya Subsidiary Legislation, 2020 1269

(d)   take all reasonable steps to ensure that no person, forum, or

organ of state, interferes with the functioning of the courts;

(e)   exercise judicial function without being influenced by the

judicial officer’s personal feelings; and

(f)   exercise judicial function without being influenced by

personal feelings, prejudice, or bias.

35.   Judicial officer shall exercise all powers vested in him or her Dignity and
by the Constitution and statute law, for the maintenance of the dignity integrity of the
court process.
of the court, and for sustaining the integrity of court processes, and the
regular discharge of all proceedings coming up before the court.

36.   (1) A judicial officer shall, at all times, carry out the duties Impartiality.
of the office with impartiality and objectivity, in accordance with
Articles 10, 27, 73(2)(b) and 232 of the Constitution and shall not
practice favouritism, nepotism, tribalism, cronyism, religious bias, or
engage in corrupt or unethical practices;
(2)   In the discharge of duty, a judicial officer shall—
(a)   uphold and apply the law;
(b)   observe fairness and impartiality; and
(c)   perform the duties of judicial office, including administrative
duties impartially, competently, and diligently, without bias.
37.   (1)A judicial officer shall not initiate, permit, or consider Private
private communication to him or her, regarding a pending or communication.
impending matter in court.

(2) If a judicial officer receives private communication under

subregulation (1), the judicial officer shall ensure that other parties
concerned is promptly informed and shall keep a court record of the
same.

(3) A judicial officer shall primarily speak through his or her

judgement and shall not enter into correspondence with a litigant or
other person relating to a matter pending, or impending, before the
court, or determined by the court.

38.   (1) A judicial officer shall in the discharge of official duties, Integrity.
act honourably, and in a manner befitting the office.

(2) A judicial officer shall not accept any gifts, loans, bequests,
benefits, or other things of value, if acceptance is prohibited by law, or
would appear to undermine the judicial officer's independence,
integrity, or impartiality.

(3) A judicial officer shall conduct his or her personal and

extrajudicial activities in such a manner as to minimize the risk of
conflict with the obligations of the office.

 
1270 Kenya Subsidiary Legislation, 2020

39.   A judicial officer is responsible for his or her online activity Responsibility for
and should avoid any activity, action, or association that may reflect social media
activities etc.
adversely on the judicial officer’s impartiality or interfere with the
performance of judicial duties or status of the office.

40.   (1) A judicial officer shall avoid impropriety, or appearance Propriety.

of impropriety and shall —

(a)   not subject himself or herself to improper influences;

(b)   not participate in activities as tend to impair the dignity and

esteem of the court;

(c)   ensure order and decorum in proceedings before the court;

(d)   act courteously, and respect the dignity of others in court and
in chambers;

(e)   treat members of the public, staff and other public officers
with courtesy and respect;

(f)   not lend the prestige of the judicial office to the

advancement of private interests;

(g)   not engage in any type of trade or business in court premises

or encourage others to do so; and

(h)   not serve as executor, administrator or other personal

representative, trustee, guardian or other fiduciary
engagement, except for the estate, trust, or person within the
judicial officer’s family, and only if the service does not
compromise the proper performance of judicial duties.

(2) A judicial officer may be involved in extra-judicial activities,

such as those relating to their rights as citizens, unless such activities
are incompatible with the principles of, impartiality or independence of
the judicial officer, or affect or may be perceived to affect the judicial
officer’s availability for the discharge of his or her judicial obligations.

(3) A judicial officer shall conduct his or her private affairs in

such a manner as that maintains public confidence in the integrity of
the office.

41.   A judicial officer shall endeavor to uphold the right of Equality and non-
equality before the law and the right of equal protection, and benefit of discrimination.
the law, and shall not manifest bias or prejudice in the performance of
judicial duties.

42.   A judicial officer shall— Professionalism.

(a)   carry out duties of the office in a manner that maintains

public confidence in the integrity of the office;

 
Kenya Subsidiary Legislation, 2020 1271

(b)   perform judicial and administrative duties competently,

diligently, promptly, and without favouritism or nepotism;
(c)   to the extent appropriate to the office, maintain high
standards of performance and professionalism within the
Judiciary;
(d)   cooperate with other judicial officers and court officials in
the administration of court business; and
(e)   comply with administrative rules or reasonable directives of
a judge with supervisory authority.

43.   (1) Subject to regulation 40, a judicial officer may— Involvement in

other activities.

(a)   write, lecture, teach and participate in activities concerning

the advancement of the law, the legal system, the
administration of justice, or related matters;
(b)   engage in arts, sports and other social and recreational
activities, if such vocational activities do not adversely
affect the dignity of his or her office, or interfere with the
performance of the judicial officer’s duties;

(c)   appear at a public hearing before an official body concerned

with matters relating to the law, the legal system, the
administration of justice or related matters;

(d)   serve as a member of an official body, or other government

commission, committee or advisory body, if such
membership is not inconsistent with the perceived
impartiality and political neutrality of a judicial officer; or

(e)   engage in other activities if such activities do not detract

from the dignity of the judicial office or otherwise interfere
with the performance of judicial duties.

(2)   No salary is payable to a judicial officer for the performance

of any of the activities mentioned under this rule.
(3)   A judicial officer shall not engage in consultancy or practice
law by offering legal advice or draft pleadings for litigants or members
of the public, while holding judicial office.
(4)   Subject to any legal requirements relating to public
disclosure, a judicial officer may receive a token gift, award,
honorarium, benefit, or allowance as appropriate to the occasion if the
gift, award, honorarium, or benefit might not reasonably be perceived
as intended to influence the performance of judicial duties.
44.   (1) A judicial officer shall not, comment on proceedings Commenting on
pending in any court, and shall require similar abstention on the part of matters pending or
impending in
the court personnel subject to the judicial officer’s direction and court.
control.

 
1272 Kenya Subsidiary Legislation, 2020

(2)   Subject to subregulation (1), a judicial officer may make

statements in the course of his or her official duties, or explain for
public or private information, the procedure of the court provided such
statements are not prejudicial to the integrity of the judiciary and the
administration of justice.

45.   (1) A judicial officer shall not use the office to unlawfully or Accountability
wrongfully enrich himself or herself or any other person. and prohibition
against bribery
and corrupt
practices.

(2)   Subject to Article 76(2)(b) of the Constitution, a judicial

officer shall not accept a personal loan or benefit which may
compromise the judicial officer in carrying out the duties of the office.

(3)   A judicial officer or any member of the judicial officer’s

family shall not directly or indirectly negotiate or accept remuneration,
loan, gift, advantage, or privilege that is incompatible with judicial
office or that can reasonably be perceived as being intended to
influence the judicial officer in the performance of his or her judicial
duties, or to serve as a reward for them.

(4)   A judicial officer or any member of the judicial officer’s

family shall not ask for or accept any bribe, gift, loan, hospitality,
advantage, privilege or favour in relation to anything done or to be done
or omitted to be done by the judicial officer in connection with the
performance of judicial duties, or which might reasonably be perceived
as being intended to influence the performance of judicial duties.

46.   (1) A judicial officer shall avoid being in situations in which Conflict of
his or her personal interests conflict or appear to conflict with the duties interest.
of his or her office.
(2)   A judicial officer may hold shares, or have any other
interest in a company, partnership or other body, directly or through
another person, if holding such shares or having such interest does not
amount to conflict between the judicial officer’s personal interests and
his or her duties.
(3)   A judicial officer whose personal interests conflict with his
or her official duties shall declare the personal interests to the Chief
Registrar.
(4)   The Chief Registrar may give direction in writing, on the
appropriate action to be taken by a judicial officer, to avoid the conflict
of interest in the judicial officer’s discharge of duty.

(5)   The judicial officer shall—

(a)   comply with the directions; and

(b)   refrain from participating in any deliberations with respect to

the matter.

 
Kenya Subsidiary Legislation, 2020 1273

(6)   Where a judicial officer is present at a meeting, and an

issue which is likely to result in a conflict of interest arises, the judicial
officer shall declare the interest at the beginning of the meeting, or
before the issue is deliberated upon.

(7)   A declaration of a conflict of interest under subregulation

(6) shall be recorded in the minutes of that meeting.

(8)   For purposes of subregulation (6), the Chief Registrar, shall

maintain a register of conflicts of interest, which shall be open to the
public for inspection.

(9)   The Chief Registrar shall maintain an open register of

conflicts of interest in the prescribed form in which an affected judicial
officer shall register the particulars of registrable interests, stating the
nature and extent of the conflict.

(10)  For purposes of subregulation (9), the registrable interests

shall include—

(a)   the interests set out in the Second Schedule to the Leadership
and Integrity Act;

(b)   any application for employment or other form of

engagement with the judiciary, by a family member or
friend of the judicial officer or by a company associated
with the judicial officer; and

(c)   any other matter which in the opinion of the judicial officer,
taking into account the circumstances thereof, is necessary
for registration as a conflict of interest.

(11)  The Chief Registrar shall keep the register of conflicts of

interest for five years after the last entry in each volume of the register.

(12)  A judicial officer shall ensure that an entry of registrable

interests under subregulation (9) is updated and shall notify the Chief
Registrar of any changes in the registrable interests, within one month
of each change occurring.

47.   (1) A judicial officer may recuse himself or herself in any Recusal.
proceedings in which his or her impartiality might reasonably be
questioned where the judicial officer—

(a)   is a party to the proceedings;

(b)   was, or is a material witness in the matter in controversy;

(c)   has personal knowledge of disputed evidentiary facts

concerning the proceedings;

(d)   has actual bias or prejudice concerning a party;

 
1274 Kenya Subsidiary Legislation, 2020

(e)   has a personal interest or is in a relationship with a person

who has a personal interest in the outcome of the matter;

(f)   had previously acted as a counsel for a party in the same

matter;

(g)   is precluded from hearing the matter on account of any other

sufficient reason; or

(h)   a member of the judicial officer’s family has economic or

other interest in the outcome of the matter in question.

(2)   Recusal by a judicial officer shall be based on specific

grounds to be recorded in writing as part of the proceedings.

(3)   A judicial officer may not recuse himself or herself if—

(a)   no other judicial officer can deal with the case; or

(b)   because of urgent circumstances, failure to act could lead to

a serious miscarriage of justice.

48.   (1) A judicial officer shall not solicit for contributions from Public collections.
the public for a public purpose unless the President has, by notice in the
gazette, declared a national disaster and allowed a public collection for
the purpose of the national disaster in accordance with the law.

(2)   A judicial officer shall not participate in a public collection

of funds in a way that reflects adversely on the judicial officer’s
integrity or impartiality or interferes with the performance of his or her
judicial duties.

(3)   Subject to subregulation (2), a judicial officer may

participate in voluntary fund-raising only if the same does not reflect
adversely on the judicial officer’s integrity, or if it does not
compromise the performance of the judicial officer’s duties.

49.   A judicial officer shall not either directly or indirectly Participation in

participate in a tender for the supply of goods or services to the tenders.
judiciary or the Judicial Service Commission, though the holding of
shares by a judicial officer in a company shall not be construed as
participating in a tender of the judiciary or the Commission, except
where the judicial officer has a controlling shareholding in the
company, or is a director of the Company.

50.   A judicial officer contravenes this Code if that officer — Acting through
others.

(a)   causes anything to be done through another person that

would constitute a contravention of this Code if done by the
judicial officer personally; or

 
Kenya Subsidiary Legislation, 2020 1275

(b)   allows or directs a person under the judicial officer’s

supervision or control to do anything that is in contravention
of the Code.

(2)   Subregulation (1)(b) shall not apply where anything is done

without the judicial officer’s knowledge or consent, or if the judicial
officer has taken reasonable steps to prevent it.

(3)  A judicial officer who acts under an unlawful direction is

responsible for his or her action.

51.   (1) Subject to section 19 of the Leadership and Integrity Bank accounts
Act, 2006, a judicial officer shall not open or continue to operate a outside Kenya.
bank account outside Kenya without the approval of the Commission.

(2)   A judicial officer who has reasonable grounds for opening or

operating a bank account outside Kenya shall apply to the Commission,
through the office of the Chief Justice for approval to open or operate a
bank account.

(3)  A judicial officer who operates or controls the operation of a

bank account outside Kenya shall submit statements of the account
annually to the Commission, and shall, authorize the Commission to
verify the statements, and any other relevant information from the
foreign financial institution in which the account is held.

52.   (1) Subject to subregulation (2), a judicial officer shall not Gainful
participate in any other gainful employment. employment.

(2)   In this section, “gainful employment” means work that a

person can pursue and perform for money or other form of
compensation or remuneration which is inherently incompatible with
the responsibilities of the judicial officer, or which results in the
impairment of the prudence of the judicial officer in the execution of
the functions of the judicial office, or results in a conflict of interest in
the terms of the Code.

53.   (1) A judicial officer shall pay any taxes due from the Tax, financial and
judicial officer as prescribed by law. legal obligations.

(2) A judicial officer shall not neglect his or her financial or legal
obligations.

54.   (1) A judicial officer shall not bully any person. Bullying.

(2) For purposes of subregulation (1), “bullying” includes

repeated offensive behaviour which is vindictive, cruel, malicious or
humiliating and is intended to undermine a person.

55.   (1) A judicial officer shall keep himself or herself informed Prohibition
about and shall duly observe the laws and policies relating to sexual against sexual
harassment.
harassment.

 
1276 Kenya Subsidiary Legislation, 2020

(2)   A judicial officer shall not sexually harass a fellow member

of staff or any other person.

(3)   For purposes of this Code, “sexual harassment” has the

meaning assigned to it in the Sexual Offences Act, 2006, the
Employment Act, 2007, and the Public Officer Ethics Act, 2003 and
includes doing any of the following, if the person doing it knows or
ought to know that it is —

(a)   bullying or coercion of a sexual nature, or the unwelcome

and inappropriate promise of rewards in exchange for sexual
favours;

(b)   exerting unwarranted pressure for sexual activity or favours;

(c)   making intentional or careless physical contact that is sexual

in nature; or

(d)   unwelcome sexual advances or requests for sexual favour,

verbal or physical conduct, sending of suggestive electronic
text messages, pictures and videos or gestures of a sexual
nature including noises, jokes or comments, or innuendos,
regarding another person’s sexuality.

56.   A judicial officer shall not disclose to any unauthorized Confidentiality.

person for any purpose any confidential information acquired in the
course of employment.

57.   A judicial officer shall not disclose to any unauthorized Obtaining

person for any purpose any confidential information acquired in the documents
unlawfully.
course of employment.

58.   A judicial officer shall not— Misleading the

public and
falsification of
records.
(a)   knowingly, give false or misleading information to any
person; or

(b)   falsify any records, or knowingly misrepresent information

to the public.

PART IV— THE CODE OF CONDUCT AND ETHICS FOR

MEMBERS OF JUDICIAL STAFF

59.   (1) A judicial staff shall at all times perform official duties Performance of
properly and with diligence, and shall commit themselves exclusively, duty.
to the business and responsibilities of the office during working hours.

(2)   A judicial staff shall expeditiously enforce rules and

implement orders of the court within the limits of their authority.

 
Kenya Subsidiary Legislation, 2020 1277

(3)   A judicial staff shall perform the duties of his or her office
timeously, impartially, courteously, competently, diligently, and
without favour or bias.

(4)   A judicial staff shall not discriminate by dispensing special

favours to anyone.
(5)   A judicial staff shall not allow kinship, rank, position or
favours from any party or person to influence official acts or duties.
(6)   A judicial staff shall not alter, falsify, destroy, or mutilate, or
fail to make required entries, on any record within their control.
(7)   Subregulation (6) does not prohibit the alteration or
expunction or disposal of records or documents pursuant to a court
order or as authorized by law.
(8)   A judicial staff shall not recommend private advocates to
litigants, prospective litigants, or anyone dealing with the judiciary.
(9)   A judicial staff shall avoid close personal association with
lawyers, litigants or their agents and other court users, where such
association may reasonably give rise to suspicion or appearance of
favouritism.

(10)  A judicial staff is not precluded from responding to inquiries

concerning court procedures but shall not give legal advice.

(11)  A judicial staff shall abide by the professional requirements

of his or her profession.

60.   (1) A professional judicial staff is bound by their respective Professional

professional code of conduct and is personally liable for the action and judicial staff.
advice given in the course of employment.

(2)   For purposes of this regulation, professional judicial staff

means a person engaged in work predominantly intellectual and varied
in character involving the consistent exercise of discretion and
judgment in its performance and includes accountants, human resource
professionals, health professionals, procurement officers, auditors and
any other vocational calling.

(3)  A breach of a professional judicial staff’s professional code

prescribed by his or her regulatory or professional body, amounts to a
breach of this Code.

61.   (1) A judicial staff shall not disclose to any unauthorized Confidentiality.
person, any confidential information acquired in the course of
employment, whether such information came from authorized, or
unauthorized source.

(2) Confidential information available to specific individuals by

reason of a written law, court rule, or administrative policy, shall be
provided only by judicial staff authorized to do so.

 
1278 Kenya Subsidiary Legislation, 2020

62.   (1) A judicial staff shall avoid being in situations in which Conflict of
his or her personal interests conflict or appear to conflict with the duties interest.
of his or her office.

(2)   A judicial staff may hold shares, or have any other interest in
a company, partnership or other body, directly or through another
person, if holding such shares or having such interest does not occasion
conflict between the judicial staff’s personal interests and his or her
duties.

(3)   A judicial staff whose personal interests’ conflict with his or

her official duties shall declare the personal interests to the Chief
Registrar.

(4)   The Chief Registrar may give direction in writing, on the

appropriate action to be taken by a judicial staff, to avoid the conflict of
interest in the judicial staff’s discharge of duty.

(5)   The judicial staff shall—

(a)   comply with the directions; and

(b)   refrain from participating in any deliberations with respect to

the matter.

(6)   Where a judicial staff is present at a meeting, and an issue

which is likely to result in a conflict of interest arises, the judicial staff
shall declare the interest at the beginning of the meeting, or before the
issue is deliberated upon.

(7)   A declaration of a conflict of interest under subregulation (6)

shall be recorded in the minutes of that meeting.

(8)   For purposes of sub-rule (6), the Chief Registrar, shall

maintain a register of conflicts of interest, which shall be open to the
public for inspection.

(9)   The Chief Registrar shall maintain an open register of

conflicts of interest in the prescribed form in which an affected judicial
staff shall register the particulars of registrable interests, stating the
nature and extent of the conflict.

(10)  For purposes of sub-rule (9), the registrable interests shall

include—

(a)   the interests set out in the Second Schedule to the Leadership
and Integrity Act, 2012;

(b)   any application for employment or other form of

engagement with the judiciary, by a family member, or
friend of the judicial staff, or by a company associated with
the judicial staff; and

 
Kenya Subsidiary Legislation, 2020 1279

(c)   any other matter which, in the opinion of the judicial staff,
taking into account the circumstances thereof, is necessary
for registration as a conflict of interest.

(11)  The Chief Registrar shall keep the register of conflicts of

interest for five years after the last entry in each volume of the register.

(12)   A judicial staff shall ensure that an entry of registrable

interests under subregulation (9) is updated and shall notify the Chief
Registrar of any changes in the registrable interests, within one month
of each change occurring.

63.   (1) A judicial staff shall not use or attempt to use his or her Prohibition of
official position to secure unwarranted privileges, or exemptions for, or improper
enrichment.
to confer any corrupt, or unfair advantage upon, himself or herself, or
any relation or associate.

(2)   A judicial staff shall not request or accept any fee,

compensation, or benefit of any kind, as a condition for the
performance of his or her duties, for himself or herself or on behalf of
any person, on account of anything done, or omitted to be done by him
or her in the discharge of the duties of his or her office.

(3)   A judicial staff shall not engage in consultancy or practise

law by offering legal advice or drafting pleadings for litigants or
members of the public, whether for a fee, or free of charge.

(4)   A judicial staff shall not appropriate to himself or herself or

disburse by way of loan to himself or herself or any person, court fees,
fines, or other funds in his or her custody.

(5)   A judicial staff shall not engage in any type of trade or

business in court premises, or encourage others to do so.

(6)   A judicial staff shall not offer legal advice, canvass, tout, or
present himself or herself in such a manner as to give the impression of
being capable of influencing the course of justice.

64.   (1) A judicial staff shall not use the office to unlawfully or Accountability
wrongfully enrich himself or herself or any other person. and prohibition
against bribery
and corrupt
practices.
(2)   A judicial staff shall not accept a personal loan, or benefit
which may compromise the judicial staff in carrying out the duties of
the office.

(3)   A judicial staff, or any member of the judicial staff’s family,

shall not directly or indirectly negotiate or accept remuneration, loan,
gift, advantage, or privilege that is incompatible with office or that can
reasonably be perceived as being intended to influence the staff in the
performance of his or her duties, or to serve as a reward for them.

 
1280 Kenya Subsidiary Legislation, 2020

(4)   A judicial staff or any member of the judicial staff’s family

shall not ask for, or accept any bribe, gift, loan, hospitality, advantage,
privilege or favour in relation to anything done, or to be done, or
omitted to be done by the judicial officer in connection with the
performance of their duties, or which might reasonably be perceived as
being intended to influence the performance of their duties.

65.   (1) A judicial staff shall not accept any gifts, loans, bequests, Integrity.
benefits, or other things of value, if acceptance is prohibited by law or
would appear to a reasonable person to undermine the integrity of the
judicial staff’s duties.

(2) A judicial staff shall conduct his or her personal and

extrajudicial activities in such a manner as to minimize the risk of
conflict with the obligations of his or her office.

66.   A judicial staff is responsible for his or her online activity Responsibility for
and should avoid any activity, action, or association that may reflect social media
activities etc.
adversely on the officer’s impartiality or interfere with the performance
of his or her duties or status of the office.

67.   (1) A judicial staff shall keep himself or herself informed Prohibition from
about and shall duly observe the laws and policies relating to sexual sexual
harassment.
harassment.

(2) A judicial staff shall not sexually harass a fellow member of

staff or any other person.
(3) For purposes of this Code, “sexual harassment” has the
meaning assigned to it in the Sexual Offences Act, 2006, the
Employment Act, 2007 and the Public Officer Ethics Act, 2003 and
includes doing any of the following, if the person doing it knows or
ought to know that it is —
(a)   bullying or coercion of a sexual nature, or the unwelcome
and inappropriate promise of rewards in exchange for sexual
favours;
(b)   exerting unwarranted pressure for sexual activity or favours;
(c)   making intentional or careless physical contact that is sexual
in nature; or
(d)   unwelcome sexual advances or requests for sexual favour,
verbal or physical conduct, sending of suggestive electronic
text messages, pictures and videos or gestures of a sexual
nature including noises, jokes or comments, or innuendos
regarding another person’s sexuality.
68.   (1) A judicial staff shall not bully any person. Bullying.

(2)   For purposes of subregulation (1), “bullying” includes

repeated offensive behaviour which is vindictive, cruel, malicious or
humiliating and is intended to undermine a person.

 
Kenya Subsidiary Legislation, 2020 1281

69.   (1) A judicial staff shall not directly or indirectly use or Misuse of official
allow any person under the judicial staff’s authority to use any information.
information obtained through or in connection with the office which is
not available in the public domain for the furthering of any private
interest, whether financial or otherwise.

(2)   The provisions of subregulation (1), shall not apply where

the information is to be used for the purposes of—

(a)   furthering the interests and meeting the requirements of the

Leadership & Integrity Act, 2012; or

(b)   educational, research, literary, scientific or other purposes

not prohibited by law.

70.   (1) Subject to section 19 of the Leadership and Integrity Act, Bank accounts
2012, a judicial staff shall not open or continue to operate a bank outside Kenya.
account outside Kenya without the approval of the Chief Registrar.

(2)   A judicial staff, who has reasonable grounds for opening or

operating a bank account outside Kenya, shall apply to the Chief
Registrar for approval to open or operate a foreign bank account.

(3)   A judicial staff who operates or controls the operation of a

bank account outside Kenya, shall submit statements of the account
annually to the Chief Registrar and shall authorize the Chief Registrar
to verify the statements and any other relevant information from the
foreign financial institution in which the account is held.

71.   (1) A judicial staff shall take all reasonable steps to ensure Care of property.
that public property in the judicial staff’s custody, possession, or
control, is safely kept.

(2) A judicial staff shall return to the Chief Registrar all public
property in the custody, possession or control of the judicial staff when
the judicial staff leaves office.

72.   (1) A judicial staff shall not solicit for contributions from the Public collections.
public for a public purpose unless the President has, by notice in the
Gazette, declared a national disaster and allowed a public collection for
the purpose of the national disaster in accordance with the law.

(2)   A judicial staff shall not participate in a public collection of

funds in a way that reflects adversely on that judicial staff’s integrity or
impartiality or interferes with the performance of his or her duties.

(3)   Subject to subregulation (2), a judicial staff may participate

in voluntary fund-raising only if the same does not reflect adversely on
the judicial staff’s integrity, or if it does not compromise the
performance of the judicial staff’s duties.

 
1282 Kenya Subsidiary Legislation, 2020

73.   A judicial staff shall not either directly or indirectly Participation in

participate in a tender for the supply of goods or services to the tenders.
judiciary or the Judicial Service Commission, but the holding of shares
by a judicial staff in a company shall not be construed as participating
in a tender of the judiciary or the Commission unless the judicial staff
has a controlling shareholding in the company or is a Director of the
Company.

74.   (1) Subject to subregulation (2), a judicial staff shall not Gainful
participate in any other gainful employment. employment.

(2) In this section, “gainful employment” means work that a

person can pursue and perform for money or other form of
compensation or remuneration which is inherently incompatible with
the responsibilities of the judicial staff or which results in the
impairment of the prudence of the judicial staff in the execution of the
functions of the judicial staff, or results in a conflict of interest in terms
of this Code.

75.   (1) A judicial staff shall pay any taxes due from the judicial Tax, financial, and
staff as prescribed by law. legal obligations.

(2) A judicial staff shall not neglect his or her financial or legal
obligations.
76.   A judicial staff shall not without lawful authority, take Obtaining
possession, control, disseminate, or access for personal use or the use documents
unlawfully.
of any other person, official documents or court records.
77.   A judicial staff shall not— Misleading the
public and
falsification of
records.
(a)   knowingly give false or misleading information to any
person; or

(b)   falsify any records or knowingly misrepresent information

to the public.

PART V—ENFORCEMENT, OVERSIGHT AND

IMPLEMENTATION OF THE CODE

78.   (1) Without derogating from the provisions of Articles 168 Disciplinary
and 172 of the Constitution, breaches of this Code that amount to minor procedure for
breach of the code
infractions and administrative lapses by judges and judicial officers, by a judge or a
shall be dealt with by the Chief Justice as the administrative head of the judicial officer.
judiciary.

(2)   Any person may lodge a complaint alleging a breach of this

Code by a judge, a judicial officer, or judicial staff, using the procedure
for handling complaints that may be prescribed by the Commission.

 
Kenya Subsidiary Legislation, 2020 1283

79.   A breach of this Code amounts to misconduct for which a Breach of the
judge, a judicial officer or a judicial staff may be subjected to Code.
disciplinary proceedings.

80.   The Commission is responsible for the implementation of Implementation of

this Code. the Code.

81.   The Commission may from time to time, issue guidelines on Guidelines and
the oversight and implementation of the Code including the lodgment administrative
process.
and resolution of complaints against Judges, judicial officers and
judicial staff.

82.   A judge, a judicial officer and a judicial staff shall sign and Signing and
subscribe to this Code in the manner provided for in the Schedule. subscription to the
Code.

83.   The provisions of this Code apply in addition to, and not in Code to
derogation from, the requirements of any other law relating to codes of supplement other
legal
conduct and ethics. requirements.

84.   The Commission may, from time to time, review this Code. Review of the
Code.

85.   The Judicial Service Code of Conduct and Ethics, 2016, is Revocation of L.
revoked. N. No. and 132 /
2016.

 
1284 Kenya Subsidiary Legislation, 2020

SCHEDULE [r.82]
COMMITMENT TO THE CODE
I,
_______________________________________________________________________
holder of National ID/ Passport No.
________________________________________and
PJ
No.____________________________________________________________________
_
having been appointed as a_________________________________________________
(Designation), do hereby confirm that I have read and understood this Code and hereby
solemnly declare and commit faithfully to abide by the provisions of the Code at all
times.
Signed__________________________________________________________________
this ____________________________day
of_______________________20__________
Dated the 26th May, 2020.
DAVID MARAGA,
Chief Justice and President of the
Supreme Court of Kenya.

 
Kenya Subsidiary Legislation, 2020 1285

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