A Code of Conduct can be defined as generally accepted rules that govern and regulate behaviour, relationships and actions of members of an organization/institution. The word Ethics is derived from the Greek word Ethika, from ethos; character; custom; principles of human conduct, sometimes called morals (Latin mores, customs). Thus, a Code of Conduct and Ethics lays down the standards of what is acceptable and unacceptable in an institution. The standards can be value-based or rule-based (or a combination of both).The Code also provides for penalties in case of breach.

 A distinction should be made between a Code of Conduct and Ethics and a Code of Regulations. The latter spells out procedures, rules and guidelines on how employees should carry out their day to day duties. It also provides responsibilities and rights of employees, limitations on the exercise of the rights as well as remedies for breaches.

• The Code is intended to be a central guide and reference on the conduct of member/employee in support of day-to-day decision making.
• It is also intended to clarify an organization's vision, mission, values and principles, linking them with standards of professional conduct.
• It provides visible guidelines to regulate behavior.
• It serves as a tool to encourage discussion of ethics and to guide members/employees when dealing with ethical dilemmas, prejudices and gray areas that are encountered in everyday professional work and life encounters.
• It compliments standards, policies and rules of an organization/association
• It helps  create a positive institutional identity

A Code of Conduct can be brief or comprehensive depending on the objective; It should address a wide variety of issues. The choice of topics to be included in a Code will be influenced by three factors:

• What are the principal laws and regulations applicable to the organization/association?
• What guidance do we need to offer our intended users?
• What values and principles do we want to impart?

There is need to identify ethical principles that are most relevant to the organization or association. Some of the values that need to be considered in drafting the Code are:

The content of a Code can vary substantially across organizations /associations depending on their core business, regulations and requirements. Some of the common provisions found in Codes are set out below. They include:.

• Constitute a breach of Human Rights legislation
• Create an arbitrary interference with the employees privacy
• Go to the extent that would not pass the test of reasonableness

The above list is by no means exhaustive. An organization or association can provide other rules to suit its needs and unique circumstances.

The purpose of a Code is to capture the spirit and ethos of the organization or association and attempt to define and protect its culture. It may be an inspirational document aimed at exhorting members to high principles of conduct.

The title should communicate the content clearly while at the same time being memorable enough to grab the attention of its readers. (E.g. "Code of Conduct and Ethics for (name of the organization/Association)"

Looking at the Code may be cumbersome, making it difficult for users to refer to the provisions of the Code. It's therefore necessary to have a well arranged table of contents.

The Introduction should be clear about the objective that the Code is intended to accomplish. It answers the following key questions:

This should be stated clearly. For example-The Code applies to all members (name of the organization/Association)

This part of the Code should identify and define association's values. The values should be explained and meanings of the values reinforced. Members require the definition of the association's values in order to understand and apply them.

This clause will direct the intended users to other resources in case they have a question or need further clarification or information on the provisions of the Code.

A Code of Conduct and Ethics is a living document that must be revisited and revised from time to time to ensure it reflects the latest developments within the profession.  The ultimate goal for the members is to internalize the document.

The Code should be gazetted as provided for under the relevant Sections of the respective statutes (where applicable). All members must be provided with a copy. Provision should be made for them to acknowledge receipt. It is recommended that the association sensitize its stakeholders about the Code. It is important that the Code be published to inform the public on the content.

The mission of the (Association) is ........ In pursuing this mission it has issued high quality ethical standards applicable to professional ........ in Kenya.

(Name of the Association/Institute) is an Association that (state the functions of the Association/Institute).

This code is intended to set out standards of conduct and ethical behavior for members and staff of the (the Association/Institute, Include mission, vision and core values)

 4. A member of the (Association) shall comply with all the requirements as set out in this Code. Members shall maintain high personal integrity, moral standards and sound reputation by subscribing and observing to this Code.

 5. A member of the (Association/ Institute) shall be a person of integrity. He/she shall carry out his duties with honesty and impartiality.

6. A member of the (Association/Institute) shall not accept gifts, benefits or favors from a client where these may influence or may be seen to influence his or her decisions e.g. accepting a gift from the contractor engaged by the company ( refers to members who are employed). (Define gifts to include the amount and nature of the gift.)

7. When entering into negotiations regarding professional services, a professional ........ (we may need to differentiate between those in public and private practice)  may quote whatever fee deemed to be appropriate. The fact that one professional ........ may quote a fee lower than another is not in itself unethical. Nevertheless, there may be threats to compliance with the fundamental principles arising from the level of fees quoted. For example, a self interest threat to professional competence is created if the fee quoted is so low that it may be difficult to perform the engagement in accordance with applicable technical and professional standards for that price.

8. A member of (Association) in (private / public practice) should not bring the profession into disrepute when marketing professional services. The professional ........ in (public /private practice) should be honest and truthful and should not:

If the professional ........in (public / private practice) is in doubt whether a proposed form of advertising or marketing is appropriate, the professional ........ in (public /private practice) should consult with the relevant professional body.

9. A member of the (Association/Institute) shall not use his position or connection to attempt to gain or to confer a benefit upon others with whom he has an interest, such as family members, friends, relatives, business associates or colleagues.
(Address conflict of interest for Professional in Public Practice/Private and those in business). Consider circumstances in which conflicts may be created.  Examples include

(a) Self-interest;
(b) Self-review;
(c) Advocacy;
(d) Familiarity; and
(e) Intimidation.

10. A member of the (Association/Institute) shall not favor relatives, friends or associates in decision making or provision of services.

11. A member of the (Association/Institute) shall not engage in any other business or part-time employment which is in conflict with his/her employment.

13. A member of the (Association/Institute) shall not intentionally injure the professional reputation or practice of another member. However, if a member has evidence that another member has been guilty of unethical, illegal or unfair practices, including practices in violation of this code, he/she should present the information to the (Disciplinary Body where applicable) of the Association/Institute for appropriate action.

14. A member of the (Association/Institute) shall not discriminate directly or indirectly individuals on the ground of age, gender, race, color, ethnic origin, marital status, disability etc.

15. A member of the (Association/Institute) shall not sexually harass a member of the public or a fellow colleague.

16. A member of the (Association/Institute) shall avoid unwelcome, abusive, belittling or threatening behavior to his/her fellow colleagues.

Maintain professional knowledge and skill at the (level required) to ensure that clients or employers receive competent professional service; and

Act diligently in accordance with applicable technical and professional standards when providing professional services.

Competent professional service requires the exercise of sound judgment in applying professional knowledge and skill in the performance of such service. Professional competence may be divided into two separate phases:

The maintenance of professional competence requires a continuing awareness and an understanding of relevant technical professional and business developments.

A professional ........ shall maintain confidentiality even in a social environment. The professional ....... should be alert to the possibility of inadvertent disclosure, particularly in circumstances involving long association with a business associate.
A professional ....... shall also maintain confidentiality of information disclosed by a prospective client or employer.

A professional ......shall take all reasonable steps to ensure that staff under the professional .......control and persons from whom advice and assistance is obtained respect the professional ........duty of confidentiality.

The need to comply with the principle of confidentiality continues even after the end of relationships between a professional ........and a client or employer. When a professional ........changes employment or acquires a new client, the professional ........is entitled to use prior experience. The professional ........shall not, however, use or disclose any confidential information either acquired or received as a result of a professional or business relationship.

28. Spell out the punishment for violation of any provisions of the Code. This may include suspension, dismissal, reprimand, prosecution in a court of law.

29. Specify who is responsible for enforcement of the code. (E.g. the responsible disciplinary body) Each Association is responsible for ensuring that this code of conduct is implemented, understood and followed by all members. The (Association) should ensure compliance with this code of conduct and designates an officer to be responsible for compliance with this code

30. Failure to follow the guidance given by this code may not in itself constitute misconduct, but means that the member concerned may be at risk of having to justify his or her actions in answer to a complaint.
The Council will inquire into apparent failure by a member to observe the ethical requirements and may refer the matter to the Disciplinary Committee (where applicable) in accordance with section ......of the (Association's) Act. (Where applicable)

31. The (Association) shall have well-established policies and procedures to receive, investigate, and respond to customers' complaints. The (Association) shall inform clients of these procedures, which are easy to understand and use. These procedures set out a clear complaint resolution process and identify appropriate contact persons within the (Association). Information concerning these complaint procedures is available from (Associations) branches website and in printed brochures that explain the process in detail.

The module has made an attempt to address what is expected in specific codes of conduct and ethics for various professional Associations. It is the responsibility of each Association to address ethical issues that are peculiar to it and not covered by this module. In addition to the above, the (Association) may consider including a clause that covers aspects of working to the letter and spirit of the law. It may read something like:-

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