Requirements for Chapter 6 of the Constitution [Comprehensive Guide]

Chapter 6 of the Constitution of Kenya contains provisions that are critical for ensuring integrity and ethical conduct among public officers.

These requirements are designed to promote accountability, transparency, and the efficient use of public resources.

In this article, we’ll look at;

Integrity and ethical conduct of public officers as per chapter 6 of the constitution.
Documents Required to comply with Chapter 6 of the constitution.
FAQs on Requirements for Chapter 6 of the Constitution

Here’s a comprehensive overview:

1. Leadership and Integrity

Public officers are expected to demonstrate high standards of integrity, competence, and capability in the performance of their duties.

They should promote public confidence in the integrity of the office and avoid any conduct that may compromise the integrity of the office.

2. Code of Conduct

Public officers are required to adhere to a code of conduct that sets out the standards of behavior expected of them.

The code of conduct outlines principles such as accountability, transparency, honesty, and respect for the rule of law.

3. Declaration of Income, Assets, and Liabilities

Public officers are required to declare their income, assets, and liabilities to the relevant authority.

This declaration is aimed at preventing corruption and ensuring that public officers do not use their positions for personal gain.

4. Conflict of Interest

Public officers are prohibited from engaging in any activity that may compromise their integrity or place them in a position of conflict of interest.

They are required to disclose any conflict of interest and take appropriate steps to resolve it.

5. Ethical Conduct

Public officers are expected to conduct themselves in a manner that upholds the highest standards of ethical conduct.

They should avoid any behavior that may bring the office into disrepute or undermine public confidence in the office.

6. Disciplinary Mechanisms

The Constitution provides for mechanisms to discipline public officers who fail to uphold the required standards of integrity and ethical conduct.

These mechanisms include impeachment, removal from office, and other disciplinary actions as provided for by law.

7. Role of Independent Commissions

Independent commissions such as the Ethics and Anti-Corruption Commission (EACC) play a crucial role in enforcing the provisions of Chapter 6.

They investigate allegations of corruption and other forms of unethical conduct among public officers and take appropriate action.

8. Public Participation

The Constitution emphasizes the importance of public participation in promoting accountability and transparency in government.

Public participation allows citizens to hold public officers accountable for their actions and decisions.

Document Requirements for Chapter 6 of the Constitution

To fulfill the requirements for Chapter 6 of the constitution, you need to obtain several important documents.

Here’s a breakdown of the key documents and the steps to obtain them:

#1. Valid Certificate of Good Conduct from the Directorate of Criminal Investigations (DCI)

This document confirms your criminal record status.

Steps to obtain:

Log in to the e-Citizen DCI Portal.
Apply for a Police Clearance Certificate.
Print two copies of the invoice and one copy of Form C24 (Form for fingerprints).
Present these documents to the DCI offices or your nearest Huduma Centre for fingerprint processing.
Check the e-Citizen portal for the certificate, typically within 2-4 weeks.

#2. HELB Compliance or Clearance Certificate

If you’ve benefited from a Higher Education Loans Board (HELB) loan and have completed repayment, you’ll be issued a Certificate of Clearance.

For those who did not receive HELB loans, you can apply for a Non-loanee Compliance Certificate through the HELB Portal or e-Citizen Portal at no cost.

#3. KRA Tax Compliance Certificate (TCC)

This document serves as proof of your tax compliance.

Requirements for TCC:

File tax returns on or before the due date for all applicable tax obligations.
Pay taxes on or before the due date.
Clear all outstanding tax debts.
Apply for a TCC through the iTax platform, and it will be sent to your email address.

#4. Clearance from Ethics and Anti-Corruption Commission (EACC)

No issuance of a certificate is required, but you’ll need to complete a self-declaration form in duplicate.

Steps to follow:

Download the self-declaration form from the EACC website.
Fill out the form.
Have the form witnessed by a Commissioner for Oaths or a Magistrate.
Submit the completed form, which will be verified, and an acknowledgment of the application will be provided by stamping on the copy retained by you.
Submit the form in person or through a representative at the EACC Head Office at Integrity Centre, Nairobi, or any EACC Regional Office or Huduma Centers nationwide.

While obtaining EACC clearance is free, you may incur a cost for the Commissioner for Oaths or Magistrate’s services, which is typically around Ksh 500.

#5. Clearance Certificate from an approved Credit Reference Bureau (CRB)

This certificate is issued by one of the three CRBs in Kenya (Metropol, TransUnion, and CreditInfo) and serves as a “clean bill of health” regarding your credit background.

You will need to pay a processing fee, which is typically Ksh 2200.

CRBs do not issue clearance to individuals with loan defaults or arrears.

By acquiring these essential clearance and compliance documents, you’ll be on your way to ensuring that you meet the requirements for TSC promotions, interviews, and recruitment, crucial for securing your career growth within the teaching profession.

Frequently Asked Questions (FAQs) about Chapter 6 of the Constitution

1. What is Chapter 6 of the Constitution?

Chapter 6 of the Constitution of Kenya contains provisions that set out the requirements for leadership and integrity among public officers.

It outlines the standards of behavior expected of public officers to ensure accountability, transparency, and ethical conduct.

2. Who is considered a public officer under Chapter 6?

Public officers include individuals holding public offices, whether elected or appointed, in the national government, county governments, or public entities.

This includes elected leaders, civil servants, and employees of public institutions.

3. What is the purpose of the code of conduct for public officers?

The code of conduct sets out the standards of behavior expected of public officers, including principles such as accountability, transparency, honesty, and respect for the rule of law.

It aims to ensure that public officers uphold high standards of integrity and ethical conduct in the performance of their duties.

4. What is the significance of declaring income, assets, and liabilities?

Declaring income, assets, and liabilities is aimed at preventing corruption and ensuring that public officers do not use their positions for personal gain.

It promotes transparency and accountability by requiring public officers to disclose their financial interests.

5. What is a conflict of interest, and how should public officers handle it?

A conflict of interest arises when a public officer’s personal interests conflict with their official duties.

Public officers are required to disclose any conflict of interest and take appropriate steps to resolve it, such as recusing themselves from decisions that may be influenced by their personal interests.

6. What role do independent commissions play in enforcing Chapter 6?

Independent commissions, such as the Ethics and Anti-Corruption Commission (EACC), play a crucial role in investigating allegations of corruption and other forms of unethical conduct among public officers.

They take appropriate action, including disciplinary measures, to enforce the provisions of Chapter 6.

7. How does Chapter 6 promote public participation?

Chapter 6 emphasizes the importance of public participation in promoting accountability and transparency in government.

Public participation allows citizens to hold public officers accountable for their actions and decisions, contributing to good governance.

8. What are the disciplinary mechanisms for public officers who fail to uphold Chapter 6?

Public officers who fail to uphold the required standards of integrity and ethical conduct may face disciplinary action, including impeachment, removal from office, and other disciplinary measures as provided for by law. Independent commissions play a role in enforcing these disciplinary mechanisms.

9. Why is a Certificate of Good Conduct necessary for Chapter 6 compliance?

A Certificate of Good Conduct confirms that you have no criminal record, demonstrating your integrity and suitability for public office.

10. What if I have not received a HELB loan? Do I still need a HELB Compliance Certificate?

If you have not received a HELB loan, you can apply for a Non-loanee Compliance Certificate at no cost to fulfill this requirement.

11. Why is a KRA Tax Compliance Certificate (TCC) required?

The TCC is proof that you have met your tax obligations, ensuring that you are compliant with tax laws and regulations.

12. How long is a KRA Tax Compliance Certificate (TCC) valid for?

The TCC is valid for twelve months from the date of issue.

13. Is there a cost associated with obtaining EACC clearance?

While obtaining EACC clearance is free, you may incur a cost for the Commissioner for Oaths or Magistrate’s services, typically around Ksh 500.

14. Can I apply for EACC clearance online?

No, you need to download the self-declaration form from the EACC website and submit it in person or through a representative.

15. Why is a clearance certificate from a Credit Reference Bureau (CRB) necessary?

The CRB clearance certificate confirms your creditworthiness, showing that you have no loan defaults or arrears.

16. Can I use the CRB clearance certificate for purposes other than Chapter 6 compliance?

Yes, the CRB clearance certificate may be used for various purposes, including employment and loan considerations.

17. Are there any exceptions to the CRB clearance requirement?

CRBs do not issue clearance to individuals with loan defaults or arrears, so it is essential to maintain a clean credit history.

18. How long does it take to obtain all the required documents for Chapter 6 compliance?

The time taken to obtain the documents may vary, but it is advisable to start the process well in advance to avoid any delays in your application or recruitment process.