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This Anti-Corruption Policy (the “Policy”) concerns Swiftcost Consultants Limited and its subsidiaries (collectively, the “Organization”) and applies to all employees of the Organization, without exception. This includes the Managing Partner and Chief Executive Officer, officers, directors and other managers, all staff employed with the Organization and affiliated companies and members of the board of directors (collectively, the “Employees”).
This document is to be read together with the Code of Conduct (the “Code”) and its underlying policies. All of the terms in this Policy have the same meaning as those defined in the Code.
Swiftcost LLP believes that good governance is fundamental to the growth and development of the Organization.
The Organization’s good governance approach is linked to its core values of
The Organization takes corruption issues very seriously and management of the Organization (“Management”) is committed to maintaining the highest standards of professional and ethical conduct. This commitment is reflected in the Organization’s culture and policies, which includes its zero-tolerance approach on all forms of corruption committed by Employees or third parties acting on the Organization’s behalf.
The Organization makes this commitment on ethical grounds and because Employees personally and the Organization could be held legally accountable for violating anti-corruption laws with extremely severe penalties.
As the Organization continues to increase its reach, Employees are involved in a range of transactions and projects in complex jurisdictions. This includes competitive bids for government and commercial contracts in regions where bribes, kickbacks and facilitation payments may be viewed as a part of regular business practices. Employees must avoid any behaviour that is expressly prohibited by anti-corruption legislation in all circumstances and must use their judgment to avoid behaviours that even risk the appearance of corruption.
This Policy sets out the wider international context surrounding corruption challenges and the legal and ethical reasons that explain the Organization’s zero-tolerance approach. It is designed to help Employees recognize, avoid and deal with situations where corruption and bribery are likely to surface.
In Kenya, this policy shall be read together with other government legislations and other papers that include; the Anti-Corruption and Economic Crimes Act, 2003; Public Officer Ethics Act, 2003 [when dealing with Public Sector Officers]; Public Procurement and Disposal Act, 2005; and the Government Financial Management Act, 2004 and the Performance Contract
This policy applies to all the Employees, Management, staff, third parties and all other stakeholders interacting with the Organization
Corruption-Under the Anti- Corruption and Economic Crimes Act 2003, corruption is an offence which constitutes abuse of office, bribing agents, bid rigging, dealing with suspect property, secret inducement for advice, deceit, conflict of interest, favouritism, discrimination, receiving rewards, and improper benefits to trustees for appointment.
In this respect, corruption shall be deemed to have occurred when an official who is a holder of a position in the Organization receives or is promised significant advantage or reward as a person either on his own or with other persons, group or organization for doing something that he/she is under a duty to do or, not to do, for improper legitimate discretion for improper reasons, and for applying illegal means to achieve approved goals of the Organization.
Each Director and each member of staff should: -
Customers and members of the public are urged to report all cases of corruption including unethical and criminal conduct by directors and members of staff by way of letters, e-mails, telephone calls, or suggestion boxes. Email communication should be channeled to admin@swfitcost.co.ke.
The Organization shall set up a Corruption Prevention Committee whose responsibilities shall be to: -
Principles: -
We will avoid conflict – real or potential between personal interests and the Organization business and will promptly report any occurrence of such conflict. We will not seek to influence for private purpose any person or body by using official position or offering them personal advantages. Likewise, we will not use public property, facilities, services, and financial resources for private purposes except when permission is lawfully given. Misuse of official position and Organization resources:
We will respect and obey all laws and regulations. Specifically, members of the Organization and members of staff will familiarize themselves with the contents of the Public Officers Ethics Act, 2003, the Anti- Corruption and Economics Crime Act, 2003, the Government Financial Management Act, 2004 and the Privatization Act, 2005.
We will ensure that our private conduct does not compromise our role as members or staff of the Organization.
We will not give, solicit or receive directly or indirectly any gift or other favour that may influence the exercise of our functions, performance of duty or judgment. This does not include conventions hospitality or minor gifts provided the value does not exceed an amount to be agreed by the Organization.
In accordance with the principles of “Zero tolerance” we are obliged to report suspicion or evidence, or corruption committed by colleagues or others. Openness, transparency, and confidentiality when required:
We will strive to achieve maximum openness and transparency toward our external constituencies. However, confidentiality will be applied when necessary to safeguard rights of our partners, staff and others. Non-discrimination: In our work we will not discriminate in respect of gender, colour, religion, culture, education, social status, ethics, belonging or national origin or any other status.
We will make our code of conduct known to all our professional partners’ customers and the public. Observance of the code: We will respect the principles of the code and report any evidence of suspicion of breach of the code. The responsible supervisors will ensure the l egal right and due protection o f whistle blowers and the accused, before, during and after investigations.
The Organization will ensure protection of the identity and safety of persons making corruption disclosure to the Organization or law enforcement. No protection will be accorded to any person for malicious, self-serving, vexation or baseless allegation or disclosures.
A disciplinary action shall be carried out to any member of the Organization found to have committed an offence contrary to the provisions of this policy.
The Management of the Organization commits itself to continuously sensitize and train staff on matters of ethics and integrity.
The Executive Director / Chief Executive Officer shall ensure the implementation of this policy.
This Policy document shall be reviewed at such intervals as the Management may deem necessary.
