Professional Documents
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THE JUDICIARY
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The Judicial Service (Code of Conduct and Ethics) Regulations 2020
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Legal Notice No. 102
THE JUDICIAL SERVICE ACT
(No. 1 of 2011)
THE JUDICIAL SERVICE (CODE OF CONDUCT AND ETHICS)
REGULATIONS, 2020
Regulation
PART 1 - PRELIMARY PROVISIONS
1— Citation
1254 Kenya Subsidiary Legislation, 2020
2— Interpretation
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.
24—Care of public property.
25—Bank account outside Kenya.
26—Gainful
The employment.
Judicial Service (Code of Conduct and Ethics) Regulations 2020
27—Tax, financial, and legal obligations.
4 28—Bullying.
29—Prohibition against sexual harassment.
30—Acting through others.
31—Confidentiality.
32—Obtaining documents unlawfully.
Kenya
33—Misleading the public Subsidiary of
and falsification Legislation,
records. 2020 1255
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(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;
(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;
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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 —
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(c) take all reasonable steps to ensure that no person, forum, or
organ of state, interferes with the functioning of the courts;
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.
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.
11. (1) A judge shall in the discharge of official duties, act Integrity.
honourably and in a manner befitting the judicial office.
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(a) deliver an oral decision;
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.
(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.
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(a) not subject himself or herself to improper influences;
(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;
(g) not lend the prestige of the judicial office to advance any
private interests; and
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.
(a) carry out the duties of his or her office in a manner that
assures public confidence in the integrity of the office;
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(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
The Judicial Service (Code of Conduct and Ethics) Regulations 2020
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.
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.
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(b) because of urgent circumstances, failure to act could lead to
a serious miscarriage of justice;
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.
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.
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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.
27. (1) A judge shall pay any taxes due from the judge as Tax, financial, and
prescribed by law. legal obligations.
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.
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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.
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.
The Judicial Service (Code of Conduct and Ethics) Regulations 2020
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.
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.
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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.
(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;
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.
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(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.
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(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.
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.
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(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.
(a) the interests set out in the Second Schedule to the Leadership
and Integrity Act;
(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.
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—
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(e) has a personal interest or is in a relationship with a person
who has a personal interest in the outcome of the matter;
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.
50. A judicial officer contravenes this Code if that officer — Acting through
others.
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supervision or control to do anything that is in contravention
of the Code.
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.
52. (1) Subject to subregulation (2), a judicial officer shall not Gainful
participate in any other gainful employment. employment.
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.
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.
The Judicial Service (Code of Conduct and Ethics) Regulations 2020
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.
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(3) A judicial staff shall perform the duties of his or her office
timeously, impartially, courteously, competently, diligently, and
without favour or bias.
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.
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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.
(a) the interests set out in the Second Schedule to the Leadership
and Integrity Act, 2012;
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(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.
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.
(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.
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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.
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.
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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.
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.
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.
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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.
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
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.
The Judicial Service (Code of Conduct and Ethics) Regulations 2020
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.
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.
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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.
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
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.
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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.
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.
The Judicial Service (Code of Conduct and Ethics) Regulations 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.
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Notes
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Notes
The Judicial Service (Code of Conduct and Ethics) Regulations 2020
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The Judiciary
Supreme Court Building, City Hall Way
P.O. Box 30041 - 00100, Nairobi Kenya
Tel: (020) 2221221 Email: info@court.go.ke
Website: www.judiciary.go.ke