11 APRIL 2025
NOTICE TO ALL PERSONS SUBJECT TO THE LEADERSHIP CODE REQUIREMENTS TO COMPLY WITH SECTION 4 OF THE ORGANIC LAW ON THE DUTIES AND RESPONSIBILITIES OF LEADERSHIP TO SUBMIT ANNUAL STATEMENT AND THE PENALTIES OF NON-COMPLIANCE
This notice is to inform all persons who are subject to the Leadership Code on the requirements under Section 4 of the Organic Law on the Duties and Responsibilities of Leadership (OLDRL) on the lodgement of Annual Statement and the penalties of failing to comply with Section 4 of the OLDRL.
Section 4 of the OLDRL imposes a constitutional duty on all leaders to declare in a statement to the Ombudsman Commission all relevant details about their income, assets, liabilities, and shareholdings, amongst other things. Section 4(5) of the OLDRL provides that details contained in a Leader’s annual statement shall remain confidential, except in very special circumstances that are specified under Section 4(5) OLDRL.
The Parliament has also approved the changes through the Leadership Code (Alternative Penalties)(Amendment) Act 2022 that failure to submit Annual Statement(s) within three months is an offence under Section 4(6) of the OLDRL, which carries a penalty of a fine not exceeding K20,000.00.
Section 2 of the Leadership Code (Alternative Penalties)(Amendment) Act 2022 states:
The penalties that may be recommended and imposed under and for the purposes of Section 28(1A) of the Constitution and Section 27(5)(b) of the Organic Law are that the person found guilty of misconduct in office –
a) be fined an amount fixed by the tribunal, at K20,000.00; or
b) be ordered by the appropriate authority to enter into his own recognizance in a reasonable amount, not exceeding K10,000.00, fixed by the tribunal that he will comply with Division III.2 (Leadership Code) of the Constitution and with the Organic Law during a period fixed by the tribunal, not exceeding 12 months from the date of the announcement, under Section 27(6) of the Organic Law, of the decision of the tribunal;
c) be suspended, without pay, from office or position for a period not exceeding three months from the date of commencement of the suspension; or
d) be reprimanded; or if he is a public office-holder as that expression is defined in Sch 1.2(1) of the Constitution, that, as determined by the tribunal –
e) he be reduced in salary; or if his conditions of employment are such as to allow of demotion, he be demoted.
The penalties set out in Sections 2(a) to 2(f) of the Leadership Code (Alternative Penalties)(Amendment) Act 2022 will only be available to the tribunal in the event that it is able to consider recommending penalties other than dismissal.
Please note that the law is very clear as to when a Leadership Tribunal can impose an alternative penalty under the Leadership Code (Alternative Penalties)(Amendment) Act 2022.
Where a leader fails to submit his Annual Statement when it is due and the breach continues, an additional K500.00 will be added each month.
ALL leaders are therefore urged to cooperate with the Ombudsman Commission by submitting their Annual Statements in a timely manner.
For any clarifications, contact the Office of the Chief Ombudsman on 3082604.
APPROVED BY MOC