Article 77. Restriction on activities of State officers
Official Constitutional Text
77. (1) A full-time State officer shall not participate in any other gainful employment.
(2) Any appointed State officer shall not hold office in a political party.
(3) A retired State officer who is receiving a pension from public funds shall not hold more than two concurrent remunerative positions as chairperson, director or employee of—
(a) a company owned or controlled by the State; or
(b) a State organ.
(4) A retired State officer shall not receive remuneration from public funds other than as contemplated in clause (3).
Plain English Explanation
This is a simplified summary to explain this article in clear language. It is not the legal text of the Constitution.
Article 77 of the Kenyan Constitution places strict limits on the employment and political activities of state officers to prevent conflicts of interest and protect public funds. It prohibits any full-time state officer from engaging in any other paid work or business while in office. Additionally, it bans any appointed public official from holding a leadership role or office within a political party to maintain civil service neutrality. For retired state officers who draw a pension from public funds, the article caps their post-retirement public appointments, allowing them to hold a maximum of two paid positions at the same time as a chairperson, director, or employee within state-owned companies or state organs. Finally, it ensures fiscal discipline by banning retired officials from receiving any other form of payment from public funds outside of these specific, limited positions and their standard pension.