In a bid to strengthen public trust and accountability, the National Assembly of Kenya has clearly outlined the legal and ethical framework that guides the behavior of Members of Parliament (MPs). The Rules Governing Conduct of Members, published in the National Assembly Factsheet No. 5 (2022), provide a detailed roadmap for how legislators are expected to conduct themselves—both within the parliamentary chambers and in their private lives.
Leadership and Integrity: The Constitutional Foundation
At the heart of the code lies Chapter Six of the Constitution of Kenya (2010), which emphasizes leadership and integrity. MPs, as state officers, are bound by principles such as honesty, transparency, patriotism, and accountability. Article 75 of the Constitution specifically demands that state officers avoid conflicts of interest and behavior that demeans the office they hold.
The Constitution further compels MPs to observe public service values such as professionalism, responsiveness, efficient resource use, and fairness under Article 232. Any violation of these provisions can lead to disciplinary measures, including removal from office.
Ethical Conduct: Laws Beyond the House
Beyond the Constitution, several Acts guide MPs’ behavior. The Leadership and Integrity Act demands transparency, prohibits self-enrichment, and compels officials to declare conflicts of interest, gifts, and assets. The Public Officer Ethics Act complements this by prescribing professionalism, honesty, and impartiality, and it prohibits nepotism, fund misuse, and harassment.
The Ethics and Anti-Corruption Commission (EACC) plays a critical oversight role—investigating complaints and recommending disciplinary actions against errant legislators. Under the Anti-Corruption and Economic Crimes Act, MPs found guilty of corruption face suspension, dismissal, or a 10-year ban from holding public office.
Within Parliament: Order, Discipline, and Decorum
Inside Parliament, decorum is non-negotiable. The Parliamentary Powers and Privileges Act, 2017 and the Standing Orders prescribe the behavior expected during debates and committee sessions. The Speaker maintains order, and members who use abusive language, disrupt proceedings, or defy rulings can be cautioned, suspended, or expelled.
Offences such as violence, use of unparliamentary language, or defiance of the Speaker’s orders amount to “gross disorderly conduct,” leading to suspensions of up to 28 days. During suspension, members lose access to Parliament and forfeit their salary and allowances.
The Speaker’s Rules further regulate conduct outside the chamber, including office etiquette, dress code, and admittance of visitors. Breach of these rules triggers an inquiry by the Committee of Powers and Privileges, which may impose penalties such as reprimands, formal apologies, fines, or even suspension from parliamentary positions.
Comparative Practice and Global Influence
Kenya’s disciplinary model mirrors practices in other Commonwealth parliaments such as the UK’s House of Commons and the Canadian Parliament. Common penalties include reprimands, suspensions, expulsion, or censure—tools meant to preserve the dignity of legislative institutions. However, Kenya’s Parliament has yet to enforce some extreme sanctions, such as imprisonment or recovery of damages for destroyed property, which are occasionally used in older Commonwealth systems.
The Bigger Picture: Restoring Public Confidence
The rules are not merely bureaucratic formalities—they represent Parliament’s ongoing effort to restore public faith in elected leaders. Upholding integrity, accountability, and professionalism ensures that MPs act as true representatives of the people, safeguarding national unity and justice.
As Parliament continues to refine these ethical frameworks, Kenyans are reminded that leadership is not just about power—it’s about character. The credibility of the nation’s democracy rests on the integrity of those chosen to lead it.
Leadership and Integrity: The Constitutional Foundation
At the heart of the code lies Chapter Six of the Constitution of Kenya (2010), which emphasizes leadership and integrity. MPs, as state officers, are bound by principles such as honesty, transparency, patriotism, and accountability. Article 75 of the Constitution specifically demands that state officers avoid conflicts of interest and behavior that demeans the office they hold.
The Constitution further compels MPs to observe public service values such as professionalism, responsiveness, efficient resource use, and fairness under Article 232. Any violation of these provisions can lead to disciplinary measures, including removal from office.
Ethical Conduct: Laws Beyond the House
Beyond the Constitution, several Acts guide MPs’ behavior. The Leadership and Integrity Act demands transparency, prohibits self-enrichment, and compels officials to declare conflicts of interest, gifts, and assets. The Public Officer Ethics Act complements this by prescribing professionalism, honesty, and impartiality, and it prohibits nepotism, fund misuse, and harassment.
The Ethics and Anti-Corruption Commission (EACC) plays a critical oversight role—investigating complaints and recommending disciplinary actions against errant legislators. Under the Anti-Corruption and Economic Crimes Act, MPs found guilty of corruption face suspension, dismissal, or a 10-year ban from holding public office.
Within Parliament: Order, Discipline, and Decorum
Inside Parliament, decorum is non-negotiable. The Parliamentary Powers and Privileges Act, 2017 and the Standing Orders prescribe the behavior expected during debates and committee sessions. The Speaker maintains order, and members who use abusive language, disrupt proceedings, or defy rulings can be cautioned, suspended, or expelled.
Offences such as violence, use of unparliamentary language, or defiance of the Speaker’s orders amount to “gross disorderly conduct,” leading to suspensions of up to 28 days. During suspension, members lose access to Parliament and forfeit their salary and allowances.
The Speaker’s Rules further regulate conduct outside the chamber, including office etiquette, dress code, and admittance of visitors. Breach of these rules triggers an inquiry by the Committee of Powers and Privileges, which may impose penalties such as reprimands, formal apologies, fines, or even suspension from parliamentary positions.
Comparative Practice and Global Influence
Kenya’s disciplinary model mirrors practices in other Commonwealth parliaments such as the UK’s House of Commons and the Canadian Parliament. Common penalties include reprimands, suspensions, expulsion, or censure—tools meant to preserve the dignity of legislative institutions. However, Kenya’s Parliament has yet to enforce some extreme sanctions, such as imprisonment or recovery of damages for destroyed property, which are occasionally used in older Commonwealth systems.
The Bigger Picture: Restoring Public Confidence
The rules are not merely bureaucratic formalities—they represent Parliament’s ongoing effort to restore public faith in elected leaders. Upholding integrity, accountability, and professionalism ensures that MPs act as true representatives of the people, safeguarding national unity and justice.
As Parliament continues to refine these ethical frameworks, Kenyans are reminded that leadership is not just about power—it’s about character. The credibility of the nation’s democracy rests on the integrity of those chosen to lead it.
