The countdown for public servants to declare their wealth has started. They have until December 31 to do so. The reminder came from EACC Chair retired Archbishop Eliud Wabukala when he opened a two-day workshop in Mombasa for newly appointed members of County Public Service Boards.
The workshop on management of Declaration of Income Asset and Liabilities (DIALs) was conducted by the Commission’s Directorate of Ethics and Leadership in conjunction with National Integrity Academy (NIAca) the training arm of the Commission. Chairman Wabukala emphasized the importance of financial disclosures by public officials, noting that it’s one of the fundamental strategies applied around the world in an effort to fight corruption and in the promotion of ethics and integrity in public service. Such declarations he said are to be managed and enforced by the various commissions designated or contemplated under Section 3 of the Public Officers Ethics Act (POEA).
“In respect to the management of DIALs,” said the Chairman, some of the key roles of the County Public Service Boards, include; keeping custody of declarations, verifying the content of the declaration, investigating breaches, and taking administrative sanctions on breaches.”
He urged all public officers to declare their wealth “as 2019 is a declaration year where all public officials are required to submit their biennial declarations together with those of their spouse/s and children under the age of 18 years. Only 19 out of the 47 county public service boards complied in 2017, which the Chairman attributed to lack of administrative procedures by some Counties.
Various facilitators teaching during the DIALs workshop
Mombasa County Governor Hassan Joho, who was represented by the county executive member in charge of Devolution and Public Service Administration, admitted that corruption had been singled out as one of the greatest impediments to devolution and, by extension, to the realization of the country’s development agenda. He urged the CPSBs to entrench ethics in county governments, adding that his government was committed to the war on graft and would continue to support the Commission in line with the Council of Governors’ declaration at a recent workshop in Naivasha dubbed “enhancing corruption prevention in County Governments”.
The Public Servants Wealth declaration form, PSC 2b, portal and how to fill the form online
Section 26 and 27 of
the Public Officer Ethics Act (POEA) requires all public officers to declare
their Income, Assets, and Liabilities (IAL). Since 2003 when the law requiring
Public Officers to declare their Income, Assets, and Liabilities (IAL) was
enacted, the mode of declaration has been manual.
Nowadays, the
declaration is done online via portals provided to Public and Civil Servants in
Kenya.
The Declaration of
Income, Assets, and Liabilities form contains the following fields:
1. Name of the Public
Officer; (Surname) (First name) (Other names)
2. Birth Information;
a. Date of birth
b. Place of birth
3. Marital Status
4. Address:
a. Postal address
b. Physical address
5. Employment
Information:
a. Designation
b. Name of Employer
c. Nature of employment; (permanent, temporary, contract, etc)
d. T.S.C. No.
e. School/Institution
f. District
6. Name of the spouse of
spouses:
(i) (Surname) (First name) (Other names)
(ii) (Surname) (First name) (Other names)
iii) (Surname) (First name) (Other names)
(iv) (Surname) (First name) (Other names)
(v) (Surname) (First name) (Other names)
(vi) (Surname) (First name) (Other names)
(vii) (Surname) (First name) (Other names)
7. Name of dependent
children under the ages of 18 years:
(i) (Surname) (First name) (Other names)
(ii) (Surname) (First name) (Other names)
(iii) (Surname) (First name) (Other names)
(iv) (Surname) (First name) (Other names)
(v) (Surname) (First name) (Other names)
(vi) (Surname) (First name) (Other names)
(vii) (Surname) (First name) (Other names)
(viii) (Surname) (First name) (Other names)
(ix) (Surname) (First name) (Other names)
8. Financial statement
for________;
(A separate statement is required for the officer and each spouse and dependent
child under the age of 18 years. Additional sheets should be added as required)
a. Statement date
(Statement date is the first day of the month preceding the month in which the
declaration is due.)
b. Income, including emoluments, for the period from
_____________________________________to___________
(Including, but not limited to, salary and emoluments and income from
investments, the period is from the previous statement date to the current
statement date. For an initial declaration, the period is
the year ending on the statement date.)
c. Assets (as of the statement date)
(Including, but not limited to land, buildings, vehicles, investments and
financial obligations owed to the person for whom the statement is made).
d. Liabilities (as of
the statement date)
9. Other information
that may be useful or relevant.
Declaration;
I solemnly declare that the information I have given in this declaration is, to
the best of my knowledge, true and complete.
Signature of Officer: ________________________
Date: __________________
Witness:
Signature: _____________
Name: _________________
Address: ______________
Guidelines on Declaration of Income, Assets and Liabilities
1.0 Introduction
These administrative guidelines are issued to assist and
simplify the administration of Part IV of the Public Officer Ethics Act, 2003.
The guidelines amplify the Public Officer Ethics (Public Service Commission)
Administrative Procedures, 2009 issued as legal notice No.76 of 2009 and the
guidelines do not substitute the procedures and other applicable law. In
individual cases specific reference should be made to the procedures as issued
by the Commission and the provisions of Part IV of the Public Officer Ethics
Act, 2003.
2.0 Prescribed Financial Declarations
The Act prescribes the making of financial declarations of
incomes, assets and liabilities by every public officer. There are three types
of declarations:
a)
Initial declaration: This is made by a public
officer within thirty days of joining the service.
b)
Every two-year declaration: This is made by a
public officer every two years while in the service.
c)
Final declaration: This is made by a public
officer within thirty days of leaving the service.
3.0 Statement Dates
The statement dates for the three types of declarations will
vary.
a)
Initial declaration: The date of first
appointment to the service.
b)
Every two-year declaration: 1st November of the
year of the declaration.
c)
Final declaration: The date the officer ceases
to be a public officer.
4.0 Declaration Period
The declaration periods are as follows:
a)
Initial declaration: The period is the year
ending on the date of first appointment (the statement date).
b)
Every two-year declaration: The period is from
the previous statement date to the current statement date.
c)
Final declaration: The period between the last
every two-year declaration and the date of leaving service, or, if , after the
initial declaration the every two-year declaration had not fallen due, the
period between the initial declaration and the date of leaving service.
5.0 Printing and Issuance of the
Declaration form
The Public Service Commission will print and issue the
prescribed form for declaration of incomes, assets and liabilities to the
authorized officers for delivery to individual public officers free of charge.
6.0 Request and collection of
declaration forms
For every two-year declaration, the authorized officer shall
make a request in writing to the Commission stating the number of forms
required and collect the same by 1st October of the declaration year.
For the initial and final declarations, the authorized
officer shall make a request in writing to the Commission stating the number of
forms required and collect the same as and when necessary.
The authorized officer or his representative shall sign the collection register on receipt of the forms.
7.0 Issuance of forms to public officers
For the every two-year declaration, the authorized officer
shall issue a declaration form to all public officers in their organization
irrespective of rank or grade before 1st November.
For the initial declaration the authorized officer shall
issue the form to the public officer on assumption of duties on first
appointment (the statement date).
For final declaration the authorized officer shall issue
the form to the public officer on the last date of service (the statement date).
The public officers shall sign the relevant register on
receipt of the declaration form indicating the date the form was issued.
8.0 Delivery of completed declarations
to the
authorized officer
a)
For the every two-year declaration, the public
officer shall deliver the duly completed declaration to the authorized officer
by 31st December of the declaration year.
b)
For the initial declaration the public officer
shall deliver the duly completed declaration to the authorized officer within
thirty days from the effective date of becoming a public officer, the statement
date.
c)
For the final declaration the public officer
shall deliver the duly completed declaration to the authorized officer within
thirty days of ceasing to be a public officer, the statement date.
d)
On delivery of the duly completed declaration
the authorized officer or his representative and the public officer shall sign
the delivery register.
9.0 Retention and delivery of declarations
to the
Commission
a)
For public officers in job group below “H” or
its equivalent, the authorized officer shall retain the declarations under his
safe custody.
b)
For public officers in job group “H” and above
or its equivalent, the authorized officer shall deliver the declarations to the
Commission Secretary as follows:
i) For the every two-year declaration before 31st January
following the declaration year. ii) For both initial and final declarations
within thirty days of submission by the public officer.
c)
Any declaration sent to the Commission by the
authorized officer shall be forwarded by a letter addressed to the Commission
Secretary.
10.0 Request for
clarifications
a) For
officers in job group below ‘H’ or its equivalent, the authorized officer or
staff authorized in writing shall analyze the submitted declarations
and where necessary request for clarifications on
discrepancies and inconsistencies within six months from the date of
submission.
b) For
officers in job group ‘H’ and above or its equivalent, the secretary or staff
authorized in writing shall analyze the submitted declarations and where
necessary request clarifications on discrepancies and inconsistencies within
six months from the date of submission.
c) Clarifications
and responses shall be made in writing.
11.0 Consequence of
non compliance
A public officer who fails to make a declaration or a
clarification or who makes a false or misleading declaration or clarification
may be prosecuted in a court of law or subjected to disciplinary proceedings.
In that regard, the authorized officer or the Commission will initiate action.
12.0 Conditions for
disclosure, access, acquisition or publication of information
to third parties including law enforcement agencies
a) Any
person including law enforcement agencies may apply in writing to an authorized
officer or the Commission to access or acquire or publish information in the
declaration.
b) For
the information to be disclosed to the applicant, the Commission or authorized
officer must be convinced that the applicant has legitimate interest and good
cause to justify the disclosure or publication.
c) The
Commission or authorized officer shall not permit disclosure or publication of
the information unless the involved public officer has been notified of the
intended action and his response put into consideration.
13.0 Access to
information by the officer who provided it or representative
a) The
public officer who made the declaration or clarification can access it by
making a written application to the Commission or the authorized officer.
b) The Commission or the authorized officer shall confirm
the identification of the officer before releasing the information applied for.
c) The
public officer’s authorized representative can access the information by making
a written application to the Commission or the authorized officer.
d) The
Commission or the authorized officer shall confirm the authorization of the
representative of the public officer before releasing the information applied
for.
14.0 No release of the original declaration
The Commission or authorized officer shall not release or part with the original declaration made by any public officer.
15.0 Cessation of
retention of
declarations
The declarations shall be retained for five years after the
public officer ceases to be a public officer. In that case, the Commission will
issue specific instructions on cessation of retention of the declarations on a case-to-case basis.
16.0 Communication to
public officers
Where it is necessary to inform a public officer or the
representative anything relating to making of financial declarations under Part
IV of the Act or related issues, the communication shall be in writing and hand
delivered or sent by registered mail to the last known address of the officer
or representative.
17.0 Inquiries
Any person may make an inquiry to the Commission Secretary relating to financial declarations under Part IV of the Public Officer Ethics Act, 2003.