Agencies & Stakeholders

Rules for Public and State Officers

In law, there are always special rules for public and State officers. The rules for State officers are often more strict than those for public officers. So the question is: How are these terms defined? The Constitution of Kenya defines this in Article 260.
Everybody who holds a public office is a public officer. This includes but not limited to; administators in state agencies, teachers in public schools, nurses and doctors in public hospitals. State officers are also public officers. Which means that all provisions for public officers apply to State officers as well.
But the special provisions for State officers only apply to them and not to all public officers. So, who among the public officers are also State officers?

List of State Officers in Kenya

Article 260 lists the State Offices as follows, we quote:

“A State officer is any person holding a State office.”
Which includes the following:
(b)Deputy President

(c)Cabinet Secretary

(d)Member of Parliament

(e)Judges and Magistrates

(f)Member of a commission to which Chapter 15 applies

(g)Holder of an independent office to which Chapter 15 applies

(h)Member of a county assembly, governor or deputy governor of a county, or other members of the executive committee of a county government


(j)Director of Public Prosecutions

(k)Secretary to the Cabinet

(l)Principal Secretary

(m)Chief of the Kenya Defence Forces

(n)Commander of a service of the Kenya Defence Forces

(o)Director General of the National Intelligence Service

(p)Inspector General, and the Deputy Inspectors General, of the National Police Service

(q)An office established and designated as a State office by national legislation

… in the Counties

For journalists reporting from the Counties primarily paragraph (h) is important: The Members of the County Assembly and the members of the County Executive including the Governor are State Officers.


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