Point in Time
Act No: No. 3 of 2003
Act Title: ANTI-CORRUPTION AND ECONOMIC CRIMES
[ Date of commencement: 2nd May, 2003. ]
[ Date of assent: 30th April, 2003. ]
Arrangement of Sections
PART I – PRELIMINARY
1.
Short title

This Act may be cited as the Anti-Corruption and Economic Crimes Act.

PART II – APPOINTMENT OF SPECIAL MAGISTRATES
5.
Procedure and powers of special Magistrates
(1)

A special Magistrate may, with a view to obtaining the evidence of any person supposed to have been directly or indirectly concerned in, or privy to, an offence, tender a pardon to such person on condition of his making a full and true disclosure of the whole circumstance within his knowledge relating to the offence and to every other person concerned, whether as principal or abettor, in the commission thereof and any pardon so tendered shall be a pardon for purposes of section 77(6) of the Constitution.

(2)

The provisions of the Criminal Procedure Code (Cap. 75) and the Magistrates’ Courts Act (Cap. 10) shall, so far as they are not inconsistent with this Act, apply to the proceedings before a special Magistrate; and for the purposes of the said provisions, the Court of the special Magistrate shall be deemed to be a court and the person conducting a prosecution before a special Magistrate shall be deemed to be a public prosecutor.

(3)

A special Magistrate may pass upon any person convicted by him any sentence authorized by law for the punishment of the offence of which such person is convicted.

PART III – KENYA ANTI-CORRUPTION COMMISSION AND ADVISORY BOARD

A—Kenya Anti-Corruption Commission

B—Kenya Anti-Corruption Advisory Board

16.
Establishment of Advisory Board
(1)

The Kenya Anti-Corruption Advisory Board is hereby established.

(2)

The Advisory Board shall be an unincorporated body consisting of—

(a)

one member nominated by each of the following—

(i) the Law Society of Kenya;
(ii) the Institute of Certified Public Accountants of Kenya;
(iii) the International Federation of Women Lawyers (FIDA) Kenya Chapter;
(iv) the Kenya Association of Manufacturers;
(v) the joint forum of religious organizations described in subsection (3);
(vi) the Federation of Kenya Employers;
(vii) the Kenya Bankers Association;
(viii) the Central Organisation of Trade Unions;
(ix) the Association of Professional Societies in East Africa;
(x) the Architectural Association of Kenya;
(xi) the Institution of Engineers of Kenya; and
(xii) the Kenya Medical Association; and
(b)

the Director.

(3)

The joint forum of religious organizations referred to in subsection (2)(a)(v) shall consist of representatives of—

(a)

the Supreme Council of Kenya Muslims;

(b)

the Kenya Episcopal Conference;

(c)

the National Council of Churches of Kenya;

(d)

the Evangelical Fellowship of Kenya; and

(e)

the Hindu Council of Kenya.

(4)

The Second Schedule shall apply in respect of the Advisory Board and its members.

17.
Functions of Advisory Board
(1)

The principal function of the Advisory Board is to advise the Commission generally on the exercise of its powers and the performance of its functions under this Act.

(2)

The Advisory Board shall have such other functions as may be conferred on it by or under this Act.

18.
Independence of Advisory Board

In the performance of its functions, the Advisory Board shall not be subject to the direction or control of any other person or authority and shall be accountable only to Parliament.

20.
Chairman and Vice-chairman
(1)

The Advisory Board shall nominate one of its nominated members to be the Chairman of the Advisory Board and another of its nominated members to be its Vice-chairman.

(2)

The members so nominated shall be appointed to their respective offices by the President.

(3)

Subject to an earlier resignation or termination, the Chairman and Vice-chairman shall each hold office until his current term as a member of the Advisory Board expires.

22.
Procedures of the Advisory Board
(1)

The business and affairs of the Advisory Board shall be conducted in accordance with the Third Schedule.

(2)

Except as provided in the Third Schedule, the Advisory Board may regulate its own procedure.

(3)

Seven nominated members of the Advisory Board shall constitute a quorum for the transaction of any business of the Board.

(4)

The Advisory Board may invite any person to attend any of its meetings and to participate in its deliberations, but such an invitee shall not have a vote in any decision of the Board.

PART IV – INVESTIGATIONS
25.
Complaint not investigated

If the Commission receives a complaint concerning corrupt conduct on the part of any person and the Commission declines to investigate or discontinues its investigation before the investigation is concluded, the Commission shall inform the complainant in writing of its decision and of the reasons for its decision.

29.
Search of premises
(1)

The Commission may, with a warrant, enter upon and search any premises for any record, property or other thing reasonably suspected to be in or on the premises and that has not been produced by a person pursuant to a requirement under the foregoing provisions of this Part.

(2)

The power conferred by this section is in addition to, and does not limit or restrict, a power conferred by section 23(3) or by any other provision of this Part.

31.
Surrender of travel documents
(1)

On the ex parte application of the Commission, a court may issue an order requiring a person to surrender his travel documents to the Commission if—

(a)

the person is reasonably suspected of corruption or economic crime; and

(b)

the corruption or economic crime concerned is being investigated.

(2)

If a person surrenders his travel documents pursuant to an order under subsection (1), the Commission—

(a)

shall return the documents after the investigation of the corruption or economic crime concerned is completed, if no criminal proceedings are to be instituted; and

(b)

may return the documents, at its discretion, either with or without conditions to ensure the appearance of the person.

(3)

A person against whom an order under subsection (1) is made may apply to the court to discharge or vary the order or to order the return of his travel documents and the court may, after hearing the parties, discharge or vary the order, order the return of the travel documents, or dismiss the application.

(4)

If a person fails to surrender his travel documents pursuant to an order under subsection (1), the person may be arrested and brought before the court and the court shall, unless the court is satisfied that the person does not have any travel documents, order that the person be detained pending the conclusion of the investigation of the corruption or economic crime concerned.

(5)

A person who is detained pursuant to an order under subsection (4) shall be released if—

(a)

he surrenders his travel documents to the Commission;

(b)

he satisfies the court that he does not have any travel documents; or

(c)

the investigation of the corruption or economic crime concerned is completed and the court is satisfied that no criminal proceedings are to be instituted.

(6)

A person who is detained pursuant to an order under subsection (4) shall be brought before the court at least every eight days or at such shorter intervals as the court may order, to determine if the person should be released under subsection (5).

33.
Disclosure that may affect investigation
(1)

No person shall, except with leave of the Director or with other lawful excuse, disclose the details of an investigation under this Act, including the identity of anyone being investigated.

(2)

A person who contravenes this section is guilty of an offence and is liable on conviction to a fine not exceeding three hundred thousand shillings or to imprisonment for a term not exceeding three years, or to both.

34.
Impersonating investigator
(1)

No person other than an investigator shall represent himself to be or act as an investigator.

(2)

A person who contravenes this section is guilty of an offence and is liable on conviction to a fine not exceeding three hundred thousand shillings or to imprisonment for a term not exceeding three years, or to both.

PART V – OFFENCES
38.
Meaning of “agent” and “principal”
(1)

In this Part—

“agent” means a person who, in any capacity, and whether in the public or private sector, is employed by or acts for or on behalf of another person;

“principal” means a person, whether in the public or private sector, who employs an agent or for whom or on whose behalf an agent acts.

(2)

If a person has a power under the Constitution or an Act and it is unclear, under the law, with respect to that power whether the person is an agent or which public body is the agent’s principal, the person shall be deemed, for the purposes of this Part, to be an agent for the Government and the exercise of the power shall be deemed to be a matter relating to the business or affairs of the Government.

(3)

For the purposes of this Part—

(a)

a Cabinet Minister shall be deemed to be an agent for both the Cabinet and the Government; and

(b)

the holder of a prescribed office or position shall be deemed to be an agent for the prescribed principal.

(4)

The regulations made under this Act may prescribe offices, positions and principals for the purposes of subsection (3)(b).

40.
Secret inducements for advice
(1)

This section applies with respect to a benefit that is an inducement or reward for, or otherwise on account of, the giving of advice to a person.

(2)

A person is guilty of an offence if the person—

(a)

receives or solicits, or agrees to receive or solicit, a benefit to which this section applies if the person intends the benefit to be a secret from the person being advised; or

(b)

gives or offers, or agrees to give or offer, a benefit to which this section applies if the person intends the benefit to be a secret from the person being advised.

(3)

In this section, “giving advice” includes giving information.

41.
Deceiving principal
(1)

An agent who, to the detriment of his principal, makes a statement to his principal that he knows is false or misleading in any material respect is guilty of an offence.

(2)

An agent who, to the detriment of his principal, uses, or gives to his principal, a document that he knows contains anything that is false or misleading in any material respect is guilty of an offence.

42.
Conflicts of interest
(1)

If an agent has a direct or indirect private interest in a decision that his principal is to make the agent is guilty of an offence if—

(a)

the agent knows or has reason to believe that the principal is unaware of the interest and the agent fails to disclose the interest; and

(b)

the agent votes or participates in the proceedings of his principal in relation to the decision.

(2)

A private body may authorize its agent to vote or participate in the proceedings of the private body and the voting or participation of an agent as so authorized is not a contravention of subsection (1).

(3)

An agent of a public body who knowingly acquires or holds, directly or indirectly, a private interest in any contract, agreement or investment emanating from or connected with the public body is guilty of an offence.

(4)

Subsection (3) does not apply with respect to an employment contract of the agent, or a related or similar contract or agreement or to any prescribed contract, agreement or investment.

43.
Improper benefits to trustees for appointments
(1)

This section applies with respect to a benefit that is an inducement or reward for the appointment of a person as a trustee of property or for joining or assisting in such an appointment.

(2)

Subject to subsection (3), a person is guilty of an offence if the person—

(a)

receives or solicits, or agrees to receive or solicit, from a trustee of property a benefit to which this section applies; or

(b)

gives or offers, or agrees to give or offer, to a trustee of property a benefit to which this section applies.

(3)

Subsection (2) does not apply to anything done with the informed consent of every person beneficially entitled to the property or in accordance with an order of a court.

(4)

In this section, “trustee of property” includes—

(a)

an executor or administrator appointed to deal with the property;

(b)

a person who, under a power of attorney or a power of appointment, has authority over the property; and

(c)

a person or a member of a committee managing or administering, or appointed or employed to manage or administer, the property on behalf of a person under an infirmity or incapacity of mind.

44.
Bid rigging, etc.
(1)

This section applies with respect to a benefit that is an inducement or reward for—

(a)

refraining from submitting a tender, proposal, quotation or bid;

(b)

withdrawing or changing a tender, proposal, quotation or bid; or

(c)

submitting a tender, proposal, quotation or bid with a specified price or with any specified inclusions or exclusions.

(2)

A person is guilty of an offence if the person—

(a)

receives or solicits or agrees to receive or solicit a benefit to which this section applies; or

(b)

gives or offers or agrees to give or offer a benefit to which this section applies.

45.
Protection of public property and revenue, etc.
(1)

A person is guilty of an offence if the person fraudulently or otherwise unlawfully—

(a)

acquires public property or a public service or benefit;

(b)

mortgages, charges or disposes of any public property;

(c)

damages public property, including causing a computer or any other electronic machinery to perform any function that directly or indirectly results in a loss or adversely affects any public revenue or service; or

(d)

fails to pay any taxes or any fees, levies or charges payable to any public body or effects or obtains any exemption, remission, reduction or abatement from payment of any such taxes, fees, levies or charges.

(2)

An officer or person whose functions concern the administration, custody, management, receipt or use of any part of the public revenue or public property is guilty of an offence if the person—

(a)

fraudulently makes payment or excessive payment from public revenues for—

(i) sub-standard or defective goods;
(ii) goods not supplied or not supplied in full; or
(iii) services not rendered or not adequately rendered,
(b)

wilfully or carelessly fails to comply with any law or applicable procedures and guidelines relating to the procurement, allocation, sale or disposal of property, tendering of contracts, management of funds or incurring of expenditures; or

(c)

engages in a project without prior planning.

(3)

In this section, “public property” means real or personal property, including money, of a public body or under the control of, or consigned or due to, a public body.

46.
Abuse of office

A person who uses his office to improperly confer a benefit on himself or anyone else is guilty of an offence.

47.
Dealing with suspect property
(1)

A person who deals with property that he believes or has reason to believe was acquired in the course of or as a result of corrupt conduct is guilty of an offence.

(2)

For the purposes of this section, a person deals with property if the person—

(a)

holds, receives, conceals or uses the property or causes the property to be used; or

(b)

enters into a transaction in relation to the property or causes such a transaction to be entered into.

(3)

In this section, “corrupt conduct” means—

(a)

conduct constituting corruption or economic crime; or

(b)

conduct that took place before this Act came into operation and which—

(i) at the time, constituted an offence; and
(ii) if it had taken place after this Act came into operation, would have constituted corruption or economic crime.
48.
Penalty for offence under this Part
(1)

A person convicted of an offence under this Part shall be liable to—

(a)

a fine not exceeding one million shillings, or to imprisonment for a term not exceeding ten years, or to both; and

(b)

an additional mandatory fine if, as a result of the conduct that constituted the offence, the person received a quantifiable benefit or any other person suffered a quantifiable loss.

(2)

The mandatory fine referred to in subsection (1)(b) shall be determined as follows—

(a)

the mandatory fine shall be equal to two times the amount of the benefit or loss described in subsection (1)(b);

(b)

if the conduct that constituted the offence resulted in both a benefit and loss described in subsection (1)(b), the mandatory fine shall be equal to two times the sum of the amount of the benefit and the amount of the loss.

49.
Custom not a defence

In prosecution of an offence under this Part, it shall be no defence that the receiving, soliciting, giving or offering of any benefit is customary in any business, undertaking, office, profession or calling.

50.
Impossibility, no intention, etc., not a defence

In a prosecution of an offence under this Part that involves a benefit that is an inducement or reward for doing an act or making an omission, it shall not be a defence—

(a)

that the act or omission was not within a person’s power or that the person did not intend to do the act or make the omission; or

(b)

that the act or omission did not occur.

PART VI – COMPENSATION AND RECOVERY OF IMPROPER BENEFITS
51.
Liability for compensation

A person who does anything that constitutes corruption or economic crime is liable to anyone who suffers a loss as a result for an amount that would be full compensation for the loss suffered.

52.
Liability for improper benefits

A person who receives a benefit the receipt of which would constitute an offence under section 39, 40 or 43 is liable, for the value of the benefit, to the following persons—

(a)

if the receipt constitutes an offence under section 39, to the agent’s principal;

(b)

if the receipt constitutes an offence under section 40, to the person advised; or

(c)

if the receipt constitutes an offence under section 43, to the persons beneficially entitled to the property.

53.
Liability – miscellaneous provisions
(1)

A person liable for an amount under section 51 or 52 shall also be liable to pay interest, at the prescribed rate, on the amount payable.

(2)

Nothing in section 51 or 52 affects any other liability a person may have.

(3)

An amount for which a person is liable under section 51 or 52 to a public body may be recovered by the public body or by the Commission on its behalf.

(4)

For greater certainty, nothing in the Government Proceedings Act (Cap. 40) prevents the Commission from instituting civil proceedings to recover amounts under subsection (3).

(5)

A person is not entitled to any amount under section 51 or 52 in relation to a particular instance of corruption or economic crime if that person was a party to the corruption or economic crime or that person did a related act that also constituted corruption or economic crime.

54.
Compensation orders on conviction
(1)

A court that convicts a person of any corruption or economic crime shall, at the time of conviction or on subsequent application, order the person—

(a)

to pay any amount the person may be liable for under section 51 or 52; and

(b)

to give to the rightful owner any property acquired in the course of or as a result of the conduct that constituted the corruption or economic crime or an amount equivalent to the value of that property.

(2)

If the rightful owner referred to in subsection (1)(b) cannot be determined or if there is no rightful owner, the court shall order that the property or equivalent amount be forfeited to the Government.

(3)

In making an order under this section, a court may quantify any amount or may determine how such amount is to be quantified.

(4)

An order under this section may be enforced by the person in whose favour it is made as though it were an order made in a civil proceeding.

PART VII – EVIDENCE
57.
Unexplained assets, etc., as corroboration
(1)

Unexplained assets may be taken by the court as corroboration that a person accused of corruption or economic crime received a benefit.

(2)

For the purposes of this section, the assets of an accused person shall be deemed to include any assets of another person that the court finds—

(a)

are held in trust for the accused person or otherwise for or on his behalf; or

(b)

were acquired from the accused person without adequate consideration.

58.
Presumption of corruption if act shown

If a person is accused of an offence under Part V an element of which is that an act was done corruptly and the accused person is proved to have done that act the person shall be presumed to have done that act corruptly unless the contrary is proved.

59.
Certificates to show value of property, etc.
(1)

In a prosecution for corruption or economic crime or a proceeding under this Act, a certificate of a valuation officer as to the value of a benefit or property is admissible and is proof of that value, unless the contrary is proved.

(2)

A court shall presume, in the absence of evidence to the contrary, that a certificate purporting to be the certificate of a valuation officer is such a certificate.

(3)

In this section, “valuation officer” means a person appointed, employed or authorised by the Commission or the Government to value property and whose appointment, employment or authorisation is published by notice in the Gazette.

60.
Rule, etc., relating to accomplices

For the purposes of any rule or practice requiring the evidence of an accomplice to be corroborated, a person shall not be considered an accomplice of a person accused of an offence under Part V only because—

(a)

the person received, solicited or agreed to receive or solicit a benefit from the accused person; or

(b)

the person gave, offered or agreed to give or offer a benefit to the accused person.

61.
Certificates to show office and compensation
(1)

In a prosecution for corruption or economic crime or a proceeding under this Act, a certificate of an officer of a body as to a person’s position with the body or the person’s compensation is admissible and is proof of that position or compensation in the absence of evidence to the contrary.

(2)

A court shall presume, in the absence of evidence to the contrary, that a certificate purporting to be the certificate of an officer of a body is such a certificate.

PART VIIA – EXECUTION
PART VIII – MISCELLANEOUS
63.
Suspension, etc., if convicted of corruption or economic crime
(1)

A public officer who is convicted of corruption or economic crime shall be suspended without pay with effect from the date of the conviction pending the outcome of any appeals.

(2)

The public officer ceases to be suspended if the conviction is overturned on appeal.

(3)

The public officer shall be dismissed if—

(a)

the time period for appealing against the conviction expires without the conviction being appealed; or

(b)

the conviction is upheld on appeal.

(4)

This section does not apply with respect to an office if the Constitution limits or provides for the grounds upon which a holder of the office may be removed or the circumstances in which the office must be vacated.

(5)

This section does not apply with respect to a conviction that occurred before this Act came into operation.

64.
Disqualification if convicted of corruption or economic crime
(1)

A person who is convicted of corruption or economic crime shall be disqualified from being elected or appointed as a public officer for ten years after the conviction.

(2)

This section does not apply with respect to an elected office if the Constitution sets out the qualifications for the office.

(3)

This section does not apply with respect to a conviction that occurred before this Act came into operation.

(4)

At least once a year the Commission shall cause the names of all persons disqualified under this section to be published in the Gazette.

65.
Protection of informers
(1)

No action or proceeding, including a disciplinary action, may be instituted or maintained against a person in respect of—

(a)

assistance given by the person to the Commission or an investigator; or

(b)

a disclosure of information made by the person to the Commission or an investigator.

(2)

Subsection (1) does not apply with respect to a statement made by a person who did not believe it to be true.

(3)

In a prosecution for corruption or economic crime or a proceeding under this Act, no witness shall be required to identify, or provide information that might lead to the identification of, a person who assisted or disclosed information to the Commission or an investigator.

(4)

In a prosecution for corruption or economic crime or a proceeding under this Act, the Court shall ensure that information that identifies or might lead to the identification of a person who assisted or disclosed information to the Commission or an investigator is removed or concealed from any documents to be produced or inspected in connection with the proceeding.

(5)

Subsections (3) and (4) shall not apply to the extent determined by the court to be necessary to ensure that justice is fully done.

66.
Obstructing persons under this Act, etc.
(1)

No person shall—

(a)

without justification or lawful excuse, obstruct or hinder, or assault or threaten, a person acting under this Act;

(b)

deceive or knowingly mislead the Commission or a person acting under this Act;

(c)

destroy, alter, conceal or remove documents, records or evidence that the person believes, or has grounds to believe, may be relevant to an investigation or proceeding under this Act; or

(d)

make false accusations to the Commission or a person acting under this Act.

(2)

A person who contravenes subsection (1) is guilty of an offence and is liable on conviction to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding five years, or to both.

67.
Conduct outside Kenya – offences

Conduct by a citizen of Kenya that takes place outside Kenya constitutes an offence under this Act if the conduct would constitute an offence under this Act if it took place in Kenya.

68.
Regulations

The Minister may make regulations generally for the better carrying out of the provision of this Act.

PART IX – REPEAL, TRANSITION AND AMENDMENTS
69.
Interpretation

In this Part—

“former Advisory Board” means the Advisory Board under the repealed Act;

“repealed Act” means the Prevention of Corruption Act (Cap. 65) repealed by section 70.

70.
Repeal of Cap. 65

The Prevention of Corruption Act (Cap. 65) is repealed.

71.
Offences under repealed Act
(1)

This section applies with respect to offences or suspected offences under the repealed Act committed before this Act came into operation.

(2)

This Act, other than Part V, applies, with any necessary modifications, with respect to offences described in subsection (1) and, for that purpose, such offences shall be deemed to be corruption or economic crimes.

(3)

For greater certainty, this section—

(a)

does not apply with respect to any act or omission that, at the time it took place, was not an offence; and

(b)

is not to be construed as authorising the imposition of a penalty that, under section 77(4) of the Constitution, could not be imposed.

72.
Temporary Director, etc.
(1)

The person who, immediately before the establishment of the Commission, was the head of the anti-corruption unit of the Kenya Police Force shall become the temporary Director of the Commission upon the establishment of the Commission.

(2)

The temporary Director under subsection (1) shall cease to be the temporary Director upon the appointment of a Director under this Act.

(3)

For greater certainty, the temporary Director under subsection (1) shall have and may exercise and perform all the powers and functions of the Director until the Director is appointed and may participate in any deliberations of the Advisory Board for the purposes of section 8(3) (now deleted).

73.
Transfer from anti-corruption unit of the Kenya Police Force
(1)

The conduct of all ongoing operations of the anti-corruption unit of the Kenya Police Force, including all ongoing investigations, shall, on the commencement of this Act, be transferred to the Commission.

(2)

All assets of the anti-corruption unit of the Kenya Police Force shall, on the commencement of this Act, become assets of the Commission.

(3)

Without limiting the generality of subsection (2), the assets that become assets of the Commission shall include all files and documents, including electronic documents, associated with ongoing or past operations of the anti-corruption unit of the Kenya Police Force, including ongoing or past investigations.

(4)

The Kenya Police Force shall render such assistance to the Commission as the Commission requests to facilitate the transfer, under this section, of the operations and assets of the anti-corruption unit of the Kenya Police Force to the Commission.

(5)

For greater certainty, this section does not result in the transfer of any staff of the anti-corruption unit of the Kenya Police Force to the Commission but the Commission may receive such staff as it considers advisable on secondment.

74.
Amendment of section 42 of Cap. 22

Section 42 of the Limitations of Actions Act is amended by inserting the word “or” at the end of paragraph (h) and inserting the following new paragraph immediately after paragraph (h)—

(i) a proceeding to recover an amount for which a person is liable under section 51 or 52 of the Anti-Corruption and Economic Crimes Act, (Cap. 65) or a proceeding under section 55 or 56 of that Act.
FIRST SCHEDULE [Section 8.]

FIRST SCHEDULE

[Section 8, Act No. 7 of 2007, Sch.]

1.
Qualifications for appointment as Director or Assistant Director
(1)

To be appointed as the Director or as an Assistant Director, a person must satisfy the following qualifications—

(a)

the person must be knowledgeable about or experienced in at least one of the following—

(i) law;
(ii) public administration;
(iii) accounting and financial matters; or
(iv) fraud investigation; and
(b)

the person must be of outstanding honesty and integrity.

(2)

The Advisory Board shall not recommend a person who is not qualified under this paragraph.

2.
Vacancies, acting Assistant
(1)

If the office of the Director or an Assistant Director becomes vacant, the Advisory Board shall, within three months, recommend a person to be appointed to fill the vacancy.

(2)

During the illness or absence of an Assistant Director or a vacancy in the office of an Assistant Director, the Advisory Board may appoint a member of the staff of the Commission as an acting Assistant Director.

(3)

The Advisory Board may at any time revoke an appointment under subparagraph (2) and appoint another member of staff of the Commission as acting Assistant Director.

4.
Resignation of Director or Assistant Director
(1)

The Director or an Assistant Director may resign by a written resignation addressed to the President.

(2)

A resignation is effective upon being received by the President or by a person authorized by the President to receive it.

5.
Removal of Director or Assistant Director
(1)

The appointment of the Director or an Assistant Director may be terminated only in accordance with this paragraph.

(2)

The President, on the recommendation of the Advisory Board, may terminate a person’s appointment as the Director or an Assistant Director if the person—

(a)

contravenes paragraph 6(1) of this Schedule;

(b)

is adjudged bankrupt; or

(c)

is convicted of an offence under the Penal Code or this Act or an offence involving dishonesty.

(3)

The President may terminate the appointment of the Director or Assistant Director if a tribunal under this paragraph finds that the Director or Assistant Director—

(a)

is unable to perform the functions of his office by reason of a mental or physical infirmity; or

(b)

was involved in a corrupt transaction.

(4)

The Advisory Board may request the Chief Justice to appoint a tribunal if the Advisory Board is of the view that the Director or an Assistant Director—

(a)

may be unable to perform the functions of his office by reason of a mental or physical infirmity; or

(b)

may have been involved in a corrupt transaction.

(5)

The Advisory Board shall give a copy of the request under subparagraph (4) to the President at the same time as the request is made to the Chief Justice and the President may suspend the Director or Assistant Director pending the final resolution of the matter.

(6)

Upon receiving a request under subparagraph (4), the Chief Justice shall forthwith appoint a tribunal of three members, one of whom the Chief Justice shall designate as the chairman.

(7)

Each member of the tribunal shall be a person qualified to be appointed as a judge of the High Court or the Court of Appeal.

(8)

The tribunal shall conduct an inquiry in accordance with such procedures as it may determine.

(9)

The procedures of the tribunal shall be consistent with the rules of natural justice.

(10)

Within thirty days after concluding its inquiry, the tribunal shall—

(a)

publicly announce its finding and reasons; and

(b)

submit a report to the President.

6.
Restrictions on activities of staff
(1)

After being appointed, no staff of the Commission, including the Director or an Assistant Director, shall—

(a)

be employed in any other work or business;

(b)

hold any other public office; or

(c)

take any active part in the affairs of any political party or support any candidate for election to a public office.

(2)

A person who holds a public office and is seconded to the Commission does not contravene subparagraph (1) only by virtue of continuing to hold that public office as long as the person performs no duties of that public office while seconded to the Commission.

7.
Disciplinary code
(1)

The Director shall issue a Code for the Commission providing for the discipline of its staff.

(2)

The Code may provide for investigations and for the determination, including by a hearing, of matters that may be in dispute.

(3)

The Code may provide for penalties up to and including dismissal and may include provisions for the recovery of costs arising from loss of or damage to property of the Commission.

8.
Removal of other staff

In addition to any other ground on which, under this Act, a member of staff of the Commission (not being the Director or an Assistant Director), may be removed from office, the member may be so removed by the Director on the ground that the member has breached the Code issued under paragraph 7 of this Schedule or on the ground that the Director no longer has confidence in the member’s integrity:

Provided that no member of staff shall be removed from office under this paragraph unless he has first been given a reasonable opportunity to show cause why he should not be so removed.

9.
Protection from personal liability
(1)

No action or proceeding for compensation or damages shall be brought against the Director, an Assistant Director, an investigator or any staff of the Commission in respect of anything done or omitted in good faith under this Act.

(2)

This paragraph shall not relieve the Commission of any liability.

SECOND SCHEDULE [Section 22.]
THIRD SCHEDULE [Section 21.]
PROVISIONS AS TO THE CONDUCT OF BUSINESS AND AFFAIRS OF THE ADVISORY BOARD
1.
Meetings
(1)

The Advisory Board shall have at least four meetings in every financial year and not more than four months shall elapse between one meeting and the next meeting.

(2)

Meetings shall be convened by the Chairman, or in his absence by the Vice-chairman.

(3)

Unless three quarters of the members otherwise agree, at least fourteen days’ notice of a meeting shall be given to every member.

(4)

A meeting shall be presided over by the Chairman, or in his absence by the Vice-chairman or in both their absences, by a person elected by the Advisory Board at the meeting for that purpose.

2.
Voting

A decision of the Advisory Board shall be by a majority of the members present and voting and, in the case of an equality of votes, the person presiding at the meeting shall have a second or casting vote.

3.
Minutes

Minutes of all meetings shall be kept and entered in books kept for that purpose.