CONFLICT OF INTEREST POLICY

CoELIB, Egerton University

Purpose of the Conflict of Interest Policy

CoELIB is committed to upholding the highest standards of integrity and ethical conduct in all its activities. This Conflict of Interest Policy is established to guide employees in identifying, disclosing, and managing situations in which their interests may conflict with official duties. It is designed to assist employees in understanding their responsibilities and obligations and provides guidance whenever they face ethical dilemmas. The policy outlines the procedures to be followed when conflicts of interest arise and aims to ensure transparency and accountability in decision-making processes.

The entire CoELIB workforce is committed to fully implementing the conflict of interest policy and supports all measures necessary to enforce it. Employees and stakeholders are expected to read and understand this policy, uphold the established rules and standards, comply with all applicable provisions, and ensure they know and understand them.

1. Legal Framework on Conflict Of Interest Management

This Policy should be read together with Egerton University’s Code Of Conduct And Ethics Policy (http://bit.ly/3YPEssX), which draws its power from the Constitution of Kenya 2010. The policy mirrors the following legal frameworks.

1. The Constitution of Kenya 2010
2. Anti-Corruption and Economic Crimes Act (2003)
3. Public Officers Ethics Act (2003)
4. Leadership and Integrity Act (2012)
5. Ethics and Anti-Corruption Commission Act (2011)
6. Public Procurement and Disposal Act (2015)
7. The public service code of conduct in force
8. Other Administrative tools and ethics guiding policies of CoELIB

2. Definition of Conflict of Interest

Conflict of interest, which constitutes unethical behaviour, and corruption, affect functions and operations of the Authority and increase the cost of doing business, occasioning poor service delivery, loss of business, and adverse reputation. This negatively impacts the successful realization of CoELIB’s vision.

A conflict of interest arises when an employee's interests, or the interests of their spouse, relative, or business associate, conflict with their official duties at the Centre. Personal interests include but are not limited to financial interests, affiliations, investments, and relationships that could compromise an employee's ability to act in the best interests of the Centre. "Personal interest" includes the interests of an employee's spouse, relative, or business associate.

3. Disclosure of Conflict of Interest

1. All employees shall take active measures to prevent situations where their interests conflict with their official duties at CoELIB.
2. No employee shall possess any other interest in a corporation, partnership, or other entity if such ownership or interest would result in a conflict between their personal interests and official duties.

4. Management of Conflict of Interest

(iii) If an employee becomes aware of a conflict of interest between their personal interests and official duties, they shall:

1. Promptly disclose the conflict to their superior or an appropriate designated body.
2. Comply with any directives to mitigate or avoid the conflict.
3. Abstain from participating in any discussions, decisions, or deliberations related to the matter in question.

(iv) Notwithstanding any directives under subsection (iii), an employee shall not:

1. Award a contract to themselves.
2. Influence the award of a contract to their spouse or relative.
3. Influence the award of a contract to a business associate.
4. Award a contract to a corporation, partnership, or other entity in which
   the employee has a financial interest.

5. Maintenance of Conflict of Interest Register

CoELIB shall maintain a register of Conflict of Interest disclosures and management actions as prescribed by the relevant guidelines set forth by the legal frameworks under section 1.

6. Training and Communication

The Centre shall conduct regular training sessions to educate employees about this Conflict of Interest Policy and provide the necessary tools to effectively identify, report, and manage conflicts of interest. The policy shall also be communicated to all employees upon joining CoELIB and through periodic reminders.

7. Compliance and Enforcement

Non-compliance with this policy may result in disciplinary action, up to and including termination of employment, as deemed appropriate by the Centre's management and per applicable laws and regulations.

8. Review of the Policy

This Conflict of Interest Policy shall be reviewed periodically to ensure its relevance and effectiveness in addressing potential conflicts of interest. Any necessary amendments shall be made in consultation with legal counsel and relevant stakeholders.

9. Conclusion

By adhering to the principles outlined in this Conflict of Interest Policy, CoELIB aims to maintain the highest ethical conduct, transparency, and accountability standards, fostering trust and integrity in all its operations.