CAMS – INTRODUCTION TO LAW AND ETHICS KASNEB REVISION KIT

LAW OF TORT

  • A tort is thus a civil wrong independent of contract for which the remedy is a common law action for unliquidated damages (those determined the court)
  • The person committing a tort is called a tort feasor

Elements of tort

To constitute a tort 3 things must exist:

  • There must be some wrongful act or omission  the defendant
  • There must be a legal damage to the plaintiff i.e. a violation of his legal rights
  • The wrong must be of such a nature as to give rise to a legal remedy  in the form of an action for damages.

GENERAL DEFENSES IN TORT

1.  Volenti Non fit Injuria

It is also called the doctrine of voluntary assumption of risk. It provides that a person shouldn’t complain of injuries resulting from the risk he voluntarily

consented to run. The rule protects a footballer or a boxer who injures his colleague in the ordinary course of the game. It also protects a surgeon, who

may have a patient die during an operation. For the defendant to avail himself, this defense, he must prove that the plaintiff:-

  • Knew the risk involved
  • Appreciated it in all respect
  • Assumed it voluntarily

2. Private defense

It is the right of a person to protect himself, his property or family against unlawful harm.

3. Necessity

The defense of necessity is founded on the maxim ‘salus populi suprema lex’ i.e. the welfare of the people is supreme law. Thus in some cases damage caused deliberately to individuals may not give rise to any legal action if it was intended to prevent a greater evil.

4. Act of God (vis major) -This is an unfortunate accident not connected with human agency and is caused elementary forces of nature

5. Inevitable accident – It is one which can not be prevented the exercise of ordinary care, caution or skill. It is caused through humanagency.6. Statutory authority -A statute may authorize persons to do that which would otherwise have been a tort.

7.Mistake – A mistake of fact is a defense if it arises from reasonable suspicion 8. Disclaimer/ exemption clauses-The aim of such clauses is to reduce or extinguish the liability of the defendant. They will be a good defense if fairly applied e.g. beware of slippery floor.

TORT OF NEGLIGENCE

A breach of duty caused the omission to do something which a reasonable man would do or doing something which a prudent or reasonable person would not do.

Elements of negligence

In order to maintain an action for negligence, the plaintiff must prove the following:

  1. legal duty of care –it’s a precaution expected of a reasonable man to avoid injuring another.
  2. Breach of duty- failure to observe a duty of care.
  3. legal injury to the plaintiff

 

TORT OF DEFAMATION

This is the publication of a false statement regarding another person without lawful justification. A defamatory statement may either be slander or libel

Ingredients of defamation

To constitute defamation, the statement complained of must be:

  • False
  • Defamatory
  • Referable to the plaintiff
  • Published

Defenses for defamation

Defenses

  • Truth or justification
  • Fair comment
  • Privilege
  • Apology

Remedies:

  • Apology
  • Damages
  • Injunction

Tort of Nuisance

It is the tort committed when a person is wrongfully disturbed in the use of his land or some right over it or in connection with it. Generally, it rises from the duties owed to the neighboring occupiers of land. The two main types are:-

  • Private nuisance
  • Public nuisance

Tort of trespass

It is the unlawful interference with a person his property or goods without any lawful justification.

Types of trespass

1.Trespass to person;

  • Assault
  • Battery
  • False imprisonment

2. Trespass to land-

This is the unjustifiable interference with the possession of or unjustified entry on the land of another person, independent of any intention to trespass

3. Trespass to goods:-

It occurs where there is wrongful interference with the goods of another. It consist of;

  • Detinue

It is the wrongful withholding of goods of another.

  • Conversion

It occurs where a person acts inconsistently with the right of another person’s ownership of the goods

LAW OF CONTRACT

A contract is a legally binding agreement or enforceable law.

Classification/types of contract

  1. contract of record.
  2. specialty contracts.
  3. Simple contracts.
  4. Contract uberrimae fidei(utmost good faith).
  5. Written contracts.
  6. Express and implied contracts.
  7. Unilateral and bilateral contracts.
  8. Executed and executory contracts.
  9. Valid, void and voidable contracts.

Essential elements of a valid contract

1. Intention to create legal relations

Agreements which lack the desire on the parties to create legal relations are not enforceable.eg. Domestic agreements.

2. Lawful offer

Is an expression of willingness to enter into a contract on definite terms, as soon as these terms are accepted.

Rules of an offer

  • An offer can be made word of mouth, in writing or implied from the conduct of the parties.
  • An offer must be communicated to the intended party.
  • It may be conditional or absolute.
  • It may be general or specific.

3. lawful acceptance

Its external manifestation of assent the offeree.

Rules of acceptance

  • Acceptance can be made made orally, in writing or implied from the conduct of the parties.
  • Acceptance must be communicated the manner prescribed.
  • Silence is not acceptance of an offer.
  • Once acceptance has been made cannot be revoked.
  • Acceptance must be made before the offer lapses

Essential elements of a valid contract

Intention to create legal relations

Agreements which lack the desire on the parties to create legal relations are not enforceable.eg. Domestic agreements.

Lawful offer

Is an expression of willingness to enter into a contract on definite terms, as soon as these terms are accepted.

Rules of an offer

  • An offer can be made word of mouth, in writing or implied from the conduct of the parties.
  • An offer must be communicated to the intended party.
  • It may be conditional or absolute.
  • It may be general or specific.

4. Element of consideration.

• It’s the price for which the promise of the other is bought.

• It may be executed, executory or past consideration

Rules of consideration

  • Consideration must not be past.
  • Consideration must be legal.
  • Consideration must be real although it need not be adequate.
  • Pinnel’s rule-payment of a lesser sum than owed in satisfaction of entire debt is not sufficient consideration for the creditors promise to accept such sum in full settlement for the debt.
  • Consideration must move from the promisee (privity of contract) – only parties to a contract can sue and be sued.

5. Contractual capacity

• The contracting parties must be competent to contract.

Minors-

a contract minors may be;

A) binding contract-

the minor is liable on those contracts. Such as

  • Contract for the supply of necessaries
  • Educational contracts
  • Beneficial contracts of service

B) void contracts-

they are not enforceable on minors

  • Loan contracts
  • Contracts for supply of goods other than necessaries

C) voidable contracts – the minor has an option to avoid the contract during infancy or within a reasonable time after attaining the age of majority. Such as;

  • Lease contracts
  • Partnership contracts

Contractual capacity

Insane / Drunk persons

Contracts entered into insane persons other than for necessaries are voidable at the option of the aggrieved person. Such a person is bound a contract for necessaries and must pay a reasonable price for them. An insane person can make valid contracts during lucid intervals.. Before an insane person can escape liability on a contract, it must be proved that at the time of the contract:

  • He was suffering from mental disability
  • The other contracting party was aware of the fact

A drunkard is treated as an insane person.

However, partial or ordinary drunkard ness is not sufficient ground to avoid contracts. A person who contracts while drunk must avoid  the contract as soon as

the disability affected alcohol ceases, otherwise the contract will be binding on him.

6. Element of legality

Illegal contracts are not enforceable.

Categories of illegal contracts

  • Contract to commit a tort
  • Contracts to commit a crime
  • Contract promoting corruption in public life
  • Contracts containing sexually immoral elements
  • Contracts leading to an abuse of legal process or court process.

Effects of illegal contracts

All illegal contracts are void and parties cannot enforce the rights under them nor can they recover money paid or goods delivered if each party knowingly participated in the illegality.

7. Element of free consent

For a contract to be binding, the two parties must have “consensus ad ideam” i.e. agreement as to the same thing, otherwise there would be no contract

Vitiating factors –  they are factor that interfere with the validity of the contract.

They include;

  • mistake- renders a contract void.
  • misrepresentation- it renders a contract voidable.
  • duress –renders a contract voidable
  • undue influence –renders a contract voidable

Discharge of a contract

  • Discharge performance
  • Discharge breach
  • Discharge operation of law
  • Discharge Mutual agreement
  • Discharge frustration/impossiblity acts

Remedies in breach of a contract

  • Damages
  • Quantum Meruit
  • Specific performance
  • Injunction
  • Rescission

SALE OF GOODS

• Sale of goods is defined as a contract wherethe seller transfers or agrees to transfer the property [ownership] of the goods to the buyer for a price. This

definition captures four characteristics of a sale:

  • Two parties – There must be the seller and the buyer.
  • Transfer of property or ownership – In this case, ownership moves from the seller to the buyer.
  • Goods – This is every moveable property other than actionable claims of money.
  • Price – This is the consideration for the contract for the sale of goods except for barter trade, price is usually inform of money

 

IMPLED TERMS OF CONTRACT

Implied warranties –  a warranty is a term of lesser importance and does not go to the root of the contract. Its breach entitles the aggrieved party to claim damages.

a) Warranty of quiet possession

–the buyer should enjoy the goods without interruption, interference or disturbance from the seller.

b) Warranty of freedom from charge or encumbrances

– The seller in every contract of sale must not have used the item he sells as a security in borrowing a loan.

Implied conditions:

A condition is a term of greater purpose and goes to the root of the contract. Its breach entitles the aggrieved party to repudiate the contract. Conditions include;

  • Right to sell – Its implied condition that the seller has right to sell. i.e is the owner
  • Sale description  – Where there is a sale of goods description, there is an implied condition that the goods shall correspond with the description in terms of quality or characteristics.
  • Sale sample – Where goods are sold there is an implied condition that the bulk of the goods shall correspond with the sample.
  • Condition as to merchantability / saleable – The goods supplied to the buyer must be in a saleable condition.
  • Condition as to fitness of purpose  – Though the general rule is “caveat emptor” [buyer be aware] where the buyer mentions to the seller the purpose for which he is buying the goods, the seller must supply goods which best fit the purpose for which they are being bought.

DOCTRINE OF CAVEAT EMPTOR

This literally means “buyer beware.” This is a common law principle to the effect that in the absence of a fraud or misinterpretation, the seller is not

liable if the goods sold do not have the qualities the buyer expected them to have. A buyer buys the goods as they are.

Exemptions to caveat emptor- they are conditions and warranties

  1. In a sale description, the goods must correspond to the description.
  2. The condition of fitness for purpose.
  3. Goods should be of mercantile quality.
  4. In a sale sample:

            • The bulk should correspond with the sample in quality.

            • The buyer shall be offered a reasonable opportunity to compare the bulk and the sample.

             • The goods shall be free from any defects that may render them unmerchantable.

 

NEMO DAT QUOD NON HABET

Transfer of title from the seller to the buyer

The general rule is that if the seller of the goods does not have a title to the goods, even the buyer does not acquire one. This is based on the maxim “Nemo dat quad non habet. i.e. No one can give what he does not have.

EXCEPTIONS TO THE RULE OF NEMO DAT QUAD NON HABET

.They include:

  • Sale under avoidable title – Where the seller has avoidable title to the goods but does not avoid, any buyer to such goods acquires them.
  • mercantile agent/factor.
  • Sale buyer in possession.
  • Re-Sale a seller in possession.
  • Sale court order.
  • Title estoppels –  Where the owner of the goods conducts himself in a manner that makes a buyer belief that the seller has the right of selling, then the owner cannot later on deny that the seller had no right of sale.
  • Sale in a market overt – Where goods are sold in an open air market in any legally constituted market usually held at periodic intervals, the buyer obtains a good title

 

Rights and remedies of the parties

Rights of unpaid seller

  • The unpaid seller has two rights:
  • Rights against goods(real remedies)
  • Rights against the buyer(personal remedies)

Rights against the goods

  • Right to withhold delivery
  • Right of Lien over the goods in his possession
  • Right of stoppage in transitu.
  • Limited right of resale

Rights against the buyer

  • Action for price- The seller can sue the buyer where property had passed to the buyer.
  • The seller can also maintain an action for damages  where the buyer refuses to accept the delivery.

Rights of the buyer

  • He has a right of taking action against the seller where he fails to deliver the goods
  • The buyer can recover the price where he has paid for the goods and they have not been delivered.
  • Where the goods are of a special nature the court can grant specific performance.
  • In case of breach of a warranty the buyer can recover the damages
  • In case of breach of condition the buyer should treat the contract as rescinded.

Sale Auction

Rules governing sale auction

  • Where goods are put for sale in lots, each lot is deemed to be the subject of a separate sale.
  • The sale is complete when the auctioneer announces its completion the fall of the hammer or any other customary manner.
  • It is unlawful for the seller to bid on his own behalf or to employ somebody else to bid on his behalf unless otherwise agreed.
  • Sale auction may be subject to a reserved price.
  • If the seller makes use of pretended bidding to raise the price, the contract is voidable at the option of the buyer.

TOPIC- FOUNDATION OF ETHICS

Definition of terms

  • Ethics–  is the study of rules or principles relating to right and wrong behaviour.
  • Ethics Norms –  they are standards of conduct for behaving well and staying away from bad behaviour e.g responsibility and equality, trust and integrity, objectivity and independence, respect.
  • Morality – it’s a system of behaviour with regards to standards of rightness and wrongness. They are the principles concerning a distinction between right and wrong or good and bad behaviour. (May 2019 Question 5.a)

Categories of ethical theories

Meta ethics – it is the study of moral thought and moral language. It also refers to the nature of ethical terms and concepts and also attempt to understand the underlying assumptions behind moral theories.

Normative ethics  – it’s a branch of moral philosophy or ethics, concerned with criteria of what is morally right and wrong.it includes the formulation of moral rules that have direct implications for what humans actions, institutions and ways of life should be like.

Applied ethics – it refers to the practical application of moral considerations. It relates to treatment of moral problems, practices and policies in personal life, professions, technology and government.

Descriptive ethics – also known as comparative ethics, is the study of peoples beliefs about morality. It’s a form of empirical research into attitudes of individuals or groups of people. (November 2019,question 5.a).

 

Universal moral principles

  • Do good avoid evil
  • Do unto others as you would have them do unto you
  • Follow what nature intends, do not violate the nature of things
  • The end does not justify the means.

(November 2018,question 6.c)

Values

• They are principles/standards/qualities considered worthwhile or desirable.

Universal ethical values

  • Trustworthiness- honesty
  • Respect-courtesy
  • Responsibility-accountability
  • Fairness-equity
  • Caring-causing no harm to others
  • Citizenship-obeying the law.

(May 2019,question 5.b.ii)

Distinctions between morals and ethics

  • Morals refers to beliefs of the individual or group as to what is right or wrong while ethics are the guiding principles which help the individual or group to decide what is good or bad.
  • Morals are general principles set the group while ethics are a response to a specific situation.
  • Morals are not applicable in business while ethics are applicable in business.
  • Morals deal with principles of right or wrong while ethics deal with right and wrong conduct.
  • Morals are governed social and cultural norms while ethics are governed individual or legal and professional norms.
  • Morals are derived from greek word “mos” while means custom while ethics are derived from the word “ethikos” which means character.

(November 2018,question 5.b)

Ethical culture

It refers to honoring and living in accordance to ethical principles, is central to leading a meaningful and fulfilling life and to creating a

world good for all.

(November 2018,question 5.a.ii.)

Personal integrity

• It the quality of having a sense of honesty and truthfulness.

Traits of personal integrity

  • Honesty.
  • Truthfulness.
  • Dependable.
  • Trustworthy.
  • Good character.
  • Upholding moral values.

(November 2018,question 5.c.)

CODE OF ETHICS

Is usually a written statement of ethical guidelines used to regulate behaviour of people.

It consist;

  • Objectives of the code of ethics.
  • Personal conduct.
  • Corporate behaviour.
  • Specific obligation of the company to its stakeholder.
  • People or individuals unto which the code of ethics apply.

Objectives of code of ethics

  • They help an organization to promote a positive organization culture hence a healthier working environment.
  • Setting boundaries.
  • Lowers the rate of ethical misconduct within an organization.
  • Leading example.
  • Avoid trouble with the law.
  • Enhance public relations with those who interact with the organization.

(May 2019, Question 5.b.i.

Conflict of interest

Is a situation where an individual is in a position to exploit professional or official capacity for personal benefit

 

Situations of conflict of interest

  • Director holding other directorship in other companies.
  • A company where director is the owner and is connected in commercial activities
  • Receiving gifts from friends or companies that do business with the firm
  • Outside employment, interest of a person job that contradict with another person
  • Self dealings -an official enters into transactions that benefit him.

(May 2019,question 7.b.)

Ways of dealing with conflict of interest

  • Avoidance of situation of conflict of interest.
  • Transferring staff either temporary or permanent to another position.
  • Re-assignment of duties to another person
  • Resignation from the position of interest.
  • Withdrawal from voting or discussing a particular item of business.
  • Disclosure of the interests to the company.
  • Have a code of ethics that clarify how to deal with areas of conflict of interest.

WHISTLE BLOWING

  • Refers to the activity of an individual who is a member or non member of the organisation to disclose unethical and illegal activities of a company to the authority who can take correction action.
  • A whistle blower is an employee or non member who voluntarily communicates unethical or illegal activities of firm to the authority.

Essential elements of a company whistle blowing policy

  • Why – reasons for employee to speak
  • what – to speak against
  • Where/how – where to speak
  • Confidentiality  or anonymity of the whistle blower
  • Anti-retaliation clauses-such as no dismissal.

(May 2019,question 5.b)

Challenges of whistle blowing

  • Poor protection of the whistle blower.
  • Legal barriers in the country may make it tedious to punish the culprit in illegal trading.
  • Whistle blower must meet all conditions of whistle blowing before disclosing information.
  • Its risky-interested party may decide to use illegal means to cause the whistle blower not to disclose information.

Topic 2. Legal requirement for starting a business

Types of business organisations

  • SOLE PROPRIERTORSHIP
  • PARTNERSHIPS.
  • COMPANIES
  • SOCIETIES

Pre-registration procedures

  • Checking the availability of a proposed business or company’s name.
  • Getting a lawyer or an advocate to draft the constitutive documents. i.e memorandum and articles of association
  • Opening a bank account.
  • Depositing capital in the bank account.
  • The minimum number of persons to start a company orpartnership or sole proprietorship.
  • Raising the financial resources necessary to cater for commission of the business

Requirements for starting partnership/sole proprietorship

  • Minimum number, partnership(1),Sole-trader(1)
  • Choice of business name and reservation with the registrar.
  • Registration of the business name
  • Issue of the certificate of registration
  • Business permit
  • Tax requirements such as pin number
  • Fire safety certificate
  • Public health permit
  • Food or related permit if dealing with food

Requirements for registering a co-operative society

  • The application for registration must be made to the commissioner at least ten qualified members.
  • The application must be accompanied four copies of by-laws.
  • Payment of appropriate fee.
  • Issue of certificate of registration the commissioner.

Requirements for starting a company

  • Choice of business name
  • Reservation with the registrar.
  • Fill in a company registration form(CR1)
  • Preparation of constitutive documents i.e Memorandum and Articles of association
  • Fill in the statement of nominal capital
  • Payment of stamp duty /registration fee.
  • Registration and Issue of the certificate of registration/incorporation
  • Business permit
  • Tax requirements such as pin number
  • Fire safety certificate
  • Public health permit
  • Food or related permit if dealing with food

Business permit

It’s a document issued the government agencies that allows an individual or company to conduct business within a certain geographical

area.eg in Nairobi county

Examples of business permit issued Nairobi county;

  • Single business permit
  • Fire safety certificate
  • Public health permit
  • Food hygiene license

To apply for a business permit you require;

  • Copy of certificate of incorporation/registration certificate
  • Copy of identification card
  • Copy of the company pin certificate.
  • An approved business permit application form
  • A payment permit invoice.

Importance of business permit/license

  • Protection of employers assets
  • Maintenance of control over original creation
  • Protection of employees and customers
  • Promotes economic growth of a country
  • Prevents illegal activities
  • Sources of government revenue
  • Creates employment
  • Enables trustworthiness and credibility

Leadership and integrity-chapter six of the constitution

  • Selection on the basis of personal integrity, competence and suitability, or election in free and fair elections;
  • Objectivity and impartiality in decision making, and in ensuring that decisions are not influenced nepotism, favouritism, other improper motives or corrupt practices;
  • Selfless service based solely on the public interest, demonstrated.
  • Honesty in the execution of public duties;
  • The declaration of any personal interest that may conflict with public duties;
  • Accountability to the public for decisions and actions;
  • Discipline and commitment in service to the people.

(May 2019,6.a) and (November 2018,question 6.b)

National values and principles in the constitution.

  • Patriotism.
  • National unity.
  • Sharing and devolution of powers.
  • Democracy and participation of the people.
  • Human dignity, good governance.
  • Integrity
  • Transparency and accountability.
  • Human rights.

(November 2019, Question 6.a)

ETHICS AND ANTICORRUPTION COMMISSION(EACC)

Functions of EACC

  • •In relation to State officers—
  • –Develop and promote standards and best practices in integrity and anti-corruption;
  • –Develop a code of ethics;
  • Work with other State and public offices in the development and promotion of standards and best practices in integrity and anti-corruption;
  • Receive complaints on the breach of the code of ethics public officers;
  • Investigate and recommend to the Director of Public Prosecutions the prosecution of any acts of corruption, bribery or economic crimes or violation of codes of ethics or other matter prescribed under the Ethics and Anti-Corruption Commission Act, the Anti-Corruption and Economic Crimes Act or any other law enacted pursuant to Chapter Six of the Constitution (on leadership and integrity);
  • Recommend appropriate action to be taken against State officers or public officers alleged to have engaged in unethical conduct;

 

FUNCTIONS OF EACC

  • Oversee the enforcement of codes of ethics prescribed for public officers;
  • Advise, on its own initiative, any person on any matter within its functions;
  • Raise public awareness on ethical issues and educate the public on the dangers of corruption and enlist and foster public support in combating corruption but with due regard to the requirements of the Anti-Corruption and Economic Crimes Act, as to confidentiality;
  • Subject to Article 31 of the Constitution, monitor the practices and procedures of public bodies to detect corrupt practices and to secure the revision of methods of work or procedures that may be conducive to corrupt practices; and
  • Institute and conduct proceedings in court for purposes of the recovery or protection of public property, or for the freeze or confiscation of proceeds of corruption or related to corruption, or the payment of compensation, or other punitive and disciplinary measures.

PUBLIC OFFICER ETHICS ACT

OBJECTIVES OF THE ACT

  • Ensure accountability of a public officer for his decisions or actions.
  • To promote discipline.
  • To promote honesty.
  • To promote mechanisms for management of conflict of interest.
  • To promote integrity of public officer.
  • To promote a framework for reporting of misconduct a public officer.

GENERAL CODE OF CONDUCT AND ETHICS

1.Professionalism

A public officer shall—

  • Carry out his duties in a way that maintains public confidence in the integrity of his office;
  • Treat the public and his fellow public officers with courtesy and respect;
  • To the extent appropriate to his office, seek to improve the standards of performance and level of professionalism in his organisation;
  • If a member of a professional body, observe the ethical and professional requirements of that body;
  • Observe official working hours and not be absent without proper authorisation or reasonable cause;
  • Maintain an appropriate standard of dress and personal hygiene; and
  • Discharge any professional responsibilities in a professional manner.

2. RULE OF LAW

  • A public officer shall carry out his duties in accordance with the law.
  • In carrying out his duties, a public officer shall not violate the rights and freedoms of any person under Part V of the Constitution.

(May 2019 ,question 7.a.ii)

3. No improper enrichment

A public officer shall not use his office to improperly enrich himself or others.

Improper enrichment arises as follows

  • Accepting or requesting gifts or favours from a person who has an interest that may be affected the carrying out, or not carrying out, of the public officer’s duties.
  • Improperly use his office to acquire land or other property for himself or another person.
  • For the personal benefit of himself or another, use or allow the use of information that is acquired in connection with the public officer’s duties and that is not public.

(May 2019,Question 7.a.i)

4. Conflict of interest

• A public officer shall use his best efforts to avoid being in a position in which his personal interests conflict with his official duties

• A public officer shall not hold shares or have any other interest in a corporation, partnership of other body, directly or through another person

• A public officer whose personal interests conflict with his official duties shall—

  • Declare the personal interests to his superior or other appropriate body and comply with any directions to avoid the conflict; and
  • Refrain from participating in any deliberations with respect to the matter.
  • A public officer shall not award a contract, or influence the award of a contract, to himself; a spouse or relative, business, associate, corporation, partnership or other body in which the officer has an interest

 

5. Collections and harambees

A public officer shall not—

  • Use his office or place of work as a venue for soliciting or collecting harambees.
  • Either as a collector or promoter of a public collection, obtain money or other property from a person using his official position in any way to exert pressure.

6. Acting for foreigners

No public officer shall, in a manner that may be detrimental to the security interests of Kenya, be an agent for, or further the interests of, a

foreign government, organization or individual.

7. Care of property

  • A public officer shall take all reasonable steps to ensure that property that is entrusted to his care is adequately protected and not misused or misappropriated.
  • A person who contravenes this provision shall be personally liable for losses resulting from the contravention.

8. Political neutrality

  • A public officer shall not act as an agent for, or so as to further the interest of, a political party; or
  • A public officer shall not engage in political activity that may compromise or be seen to compromise the political neutrality of his office.
  • This provision does not apply to a member of the National Assembly or a councillor of a local authority.

9. Nepotism,

A public officer shall not practice nepotism or favoritism.

10. Giving of advice

A public officer who has a duty to give advice shall give honest and impartial advice without fear or favor

11. Misleading the public

A public officer shall not knowingly give false or misleading information to members of the public or to any other public officer.

12. Conduct of private affairs

  • A public officer shall conduct his private affairs in a way that maintains public confidence in the integrity of his office.
  • A public officer shall not evade taxes.
  • A public officer shall not neglect his financial obligations or neglect to settle them.

13. Sexual harassment

A public officer shall not sexually harass a member of the public or a fellow public officer.

“sexually harass” includes doing any of the following, if the person doing it knows or ought to know that it is unwelcome—

  • Making a request or exerting pressure for sexual activity or favours;
  • Making intentional or careless physical contact that is sexual in nature; and
  • Making gestures, noises, jokes or comments, including innuendoes, regarding another person’s sexuality.

14. Selection of public officers

A public officer shall practice and promote the principle that public officers should be—

  • Selected on the basis of integrity,competence and suitability; or
  • Elected in fair elections

15. Submitting of declarations,

A public officer shall submit any declaration or clarification required under Part IV to be submitted or made him

16. Acting through others

A public officer contravenes the Code of Conduct and Ethics if—

  • He causes anything to be done through another person that would, if the public officer did it, be a contravention of the Code of Conduct and Ethics; or
  • He allows or directs a person under his supervision or control to do anything that is a contravention of the Code of Conduct and Ethics.

17. Reporting improper orders

If a public officer considers that anything required of him is a contravention of the Code of Conduct and Ethics or is otherwise improper or unethical, he shall report the matter to an appropriate authority.

Sanctions which regulatory bodies may impose on their members for violating code of conduct & ethics

  • Reprimand.
  • Revocation of license or membership
  • Censure
  • Suspension of the errant member
  • Witholding of membership.
  • Can order the individual to cease and desist from any unethical conduct.

 



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