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TSC Directive on Overseas Bank Accounts: Implications and Requirements

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TSC Directive on Overseas Bank Accounts: Implications and Requirements

In a move towards financial transparency and accountability, the Teachers Service Commission (TSC) has introduced stringent guidelines for public officers, including teachers and secretariat staff, regarding the operation of bank accounts outside Kenya.

Circular No. 21/2023, issued by Dr. Nancy Njeri Macharia, CBS, Secretary/Chief Executive, outlines these pivotal changes.

Key Points

Article 76(2) of the Constitution and Section 19 of the Leadership and Integrity Act dictate that state officers, including public officers, must obtain approval from the Ethics and Anti-Corruption Commission (EACC) before opening or operating a bank account outside Kenya. This requirement aims to enhance financial integrity and curb the potential misuse of overseas accounts.

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The guidelines extend to all bank accounts controlled by state or public officers outside Kenya, emphasizing their applicability to both long-term and temporary accounts established for purposes such as travel, education, or medical treatment.

Public officers must seamlessly navigate the approval process by utilizing the EACC’s online platform at https://adili.eacc.go.ke or by submitting applications via email at [email protected].

The simplicity of the process underscores the commitment to fostering financial transparency.

This directive signifies more than a regulatory adjustment; it represents a commitment to upholding the highest ethical standards within the public service.

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Public officers not only need to comply with these guidelines but must actively engage with the provisions of Chapter 6 of the Constitution and the Leadership and Integrity Act.

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Circular No. 21/2023 marks a pivotal moment in TSC’s ongoing efforts to enhance accountability and transparency within its ranks. The implementation of these guidelines is to fortify the public’s trust in the integrity of the education sector.

TSC Directive on Overseas Bank

TO: ALL SECRETARIAT STAFF
ALL TEACHERS


REQUIREMENTS FOR OPERATION OF BANK ACCOUNTS OUTSIDE KENYA BY PUBLIC OFFICERS


The above captioned matter refers.

Article 76(2) of the Constitution and Section 19 of the Leadership and Integrity Act provide that “a state officer shall not open or continue to operate a bank account outside Kenya without the approval of the Ethics and Anti-Corruption Commission (EACC).”

Additionally, such an account holder is required to submit their annual bank account statements to the EACC no later than January 31st of each succeeding year and, upon closure, to notify and furnish the EACC with evidence of such closure within 30 days.

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In view of the above, I wish to inform you as follows:
a) That, as per the provisions of Article 80(c) of the Constitution read with Sections 19(4) and 52 of the Leadership and Integrity Act, you are required to strictly comply with the above provisions as the same is applicable to you by virtue of being a public officer.

TSC Directive on Overseas Bank Accounts: Implications and Requirements
TSC Directive on Overseas Bank Accounts: Implications and Requirements

b) The requirements apply to all bank accounts opened and controlled by
either state or public officers outside Kenya, including those accounts
opened for temporary purposes such as facilitation of travel, education or
medical treatment;

c) You are required to seek approval from the EACC prior to operating a bank account outside Kenya.

d) Applications for such approval can be made through EACC’s website on
https://adili.eacc.go.ke or through email at [email protected].

e) The application form can be downloaded from https://eacc.go.ke. For more information, you may also contact EACC Customer Care at 0730997000, 0204997000, or [email protected].

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The purpose of this circular is to provide guidance on the above matter and require you to strictly comply with the contents of this circular, the provisions of Chapter 6 of the Constitution, and the Leadership and Integrity Act with regard to the operation of bank accounts outside Kenya.

DR NANCY NJERI MACHARIA, CBS
SECRETARY/CHIEF EXECUTIVE

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TSC Directive on Overseas Bank Accounts: Implications and Requirements

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