Kenya Act or statute

Parliament of Kenya

Ethics and Anti-Corruption Commission Act

This Act may be cited as the Ethics and Anti-Corruption Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") Act. Section 2 provides definitions for terms used in…

Jurisdiction: Kenya
Structure: 37 provisions
Citation: Cap. 7H
Dates: As at 19 Aug 2025

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Dates: As at 19 Aug 2025

Source attribution: Source: Kenya Law

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“This Act may be cited as the Ethics and Anti-Corruption Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") Act.”

This Act may be cited as the Ethics and Anti-Corruption Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") Act. Section 2 provides definitions for terms used in the Act, including "chairperson", "Commission", "Cabinet Secretary", "Salaries and Remuneration Commission" and "secretary". Sets the procedures and time limits for filling vacancies in the Ethics and Anti-Corruption Commission, assigning specific duties to the President, National Assembly, Speaker and Public Service Commission, and requires a not-more-than-two-thirds gender rule. Section 11 lists additional functions of the Ethics and Anti-Corruption Commission, including developing standards and a code of ethics, receiving complaints, investigating and recommending prosecutions, overseeing enforcement, advising and educating the public, monitoring public bodies, instituting recovery and confiscation proceedings, cooperating with other agencies, obtaining professional assistance, and exercising powers necessary to perform its functions; Commissioners must meet at least once every quarter. Requires accommodating the diversity of Kenyan people.

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PRELIMINARY - 1. Short title

This Act may be cited as the Ethics and Anti-Corruption Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") Act.

Section 1

ADMINISTRATION - 17. Removal from office of the Secretary

If removal of the Secretary under subsection (1) is being considered, the Commission must inform the Secretary in writing of the reasons and give the Secretary an opportunity to respond in writing.

Section 17

ADMINISTRATION - 7. Term of office

The chairperson and members of the Commission are appointed for a single term of six years, are not eligible for re-appointment, and shall serve on a part-time basis.

Section 7

MISCELLANEOUS PROVISIONS - 28. Independence of theCommission

The Ethics and Anti-Corruption Commission shall not be subject to the direction or control of any person or authority when performing its functions, except as provided in the Constitution and this Act.

Section 28

SAVINGS AND TRANSITIONAL PROVISIONS - 37. Repeal of Part III ofCap. 65

Part III of the Anti-Corruption and Economic Crimes Act (Cap. 65) is repealed, except that Part IIIB remains in force for ninety days or until the Ethics and Anti-Corruption Commission comes into place, whichever is earlier.

Section 37

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Showing 37 of 37 provisions

Provision 29Commencement 4Short titleInterpretation

Part I

PRELIMINARY

§ 1PRELIMINARY - 1. Short titleShort title

This Act may be cited as the Ethics and Anti-Corruption Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") Act.

Section 1. Short title Section This Act may be cited as the Ethics and Anti-Corruption Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") Act.

Section 1Verify source

§ 2PRELIMINARY - 2. InterpretationInterpretation

Section 2 provides definitions for terms used in the Act, including "chairperson", "Commission", "Cabinet Secretary", "Salaries and Remuneration Commission" and "secretary".

Section 2. Interpretation Section 2(1) In this Act, unless the context otherwise requires— "chairperson" means the chairperson of the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") appointed in accordance with Article 250(2) of the Constitution and the procedure set out in section (6); "Commission" means the Ethics and Anti-Corruption Commission established under section 3 of this Act; "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to ethics and anti-corruption matters; "Salaries and Remuneration Commission" means the Salaries and Remuneration Commission established under Article 230 of the Constitution; "secretary" means the Secretary to the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") appointed by the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") under Article 250(12) of the Constitution, in accordance with the procedure set out in section 16 . Section 2(2) Spent. [Act No. 12 of 2012 , Sch.]

Section 2Verify source

Part II

ADMINISTRATION

§ 10ADMINISTRATION - 10. Filling of VacancyProvision

Sets the procedures and time limits for filling vacancies in the Ethics and Anti-Corruption Commission, assigning specific duties to the President, National Assembly, Speaker and Public Service Commission, and requires a not-more-than-two-thirds gender rule.

Section 10. Filling of Vacancy Section 10(1)(a) invite applications from persons who qualify for nomination and appointment by advertisement in at least two daily newspapers of national circulation; Section 10(1)(b) consider the applications received to determine their compliance with the provisions of the Constitution and this Act; Section 10(1)(c) short list the applicants; Section 10(1)(d) conduct interviews of the shortlisted persons in public; Section 10(1)(e) shortlist three qualified applicants for each vacancy; and Section 10(1)(f) forward the names of the qualified persons to the President. Section 10(2) The President shall, within fourteen days of receipt of the names of successful applicants forwarded under subsection(1)(f), select the person to fill the vacancy in the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") and forward the name of the person to the National Assembly for approval. Section 10(3) The National Assembly shall, within twenty-one days of the day it next sits after receipt of the name of an applicant under subsection (2) , vet and consider the applicant, and may approve or reject applicants for any or all vacancies in the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") . Section 10(4) Where the National Assembly approves of an applicant, the Speaker of the National Assembly shall forward the name of the approved applicant to the President for appointment. Section 10(5) The President shall, within seven days of receipt of the name of the approved applicant from the National Assembly, by notice in the Gazette appoint the applicant to the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") . Section 10(6) Where the National Assembly rejects any nomination, the Speaker shall within three days communicate its decision to the President and request the President to submit fresh nominations. Section 10(7) Where a nominee is rejected by the National Assembly under subsection (6) , the President shall within seven days, submit to the National Assembly a fresh nomination from amongst the persons short listed and forwarded by the Public Service Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") under subsection(1)(f). Section 10(8) If the National Assembly rejects any or all of the subsequent nominees submitted by the President for approval under subsection (1) , the provisions of subsections (1) and (2) shall apply. Section 10(9) In short listing, nominating or appointing persons to fill a vacancy in the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") , the Public Service Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") , the National Assembly and the President shall ensure that not more than two-thirds of the members are of the same gender. [Act No. 12 of 2015 , s. 4.]

Section 10Verify source

§ 11ADMINISTRATION - 11. Additional functions of theCommissionProvision

Section 11 lists additional functions of the Ethics and Anti-Corruption Commission, including developing standards and a code of ethics, receiving complaints, investigating and recommending prosecutions, overseeing enforcement, advising and educating the public, monitoring public bodies, instituting recovery and confiscation proceedings, cooperating with other agencies, obtaining professional assistance, and exercising powers necessary to perform its functions; Commissioners must meet at least once every quarter.

Section 11. Additional functions of theCommission Section 11(1)(a) develop and promote standards and best practices in integrity and anti-corruption; Section 11(1)(a)(i) develop and promote standards and best practices in integrity and anti-corruption; Section 11(1)(a)(ii) develop a code of ethics; Section 11(1)(b) work with other State and public offices in the development and promotion of standards and best practices in integrity and anti-corruption; Section 11(1)(c) receive complaints on the breach of the code of ethics by public officers; Section 11(1)(d) investigate and recommend to the Director of Public Prosecutions the prosecution of any acts of corruption, bribery or economic crimes or violation of codes of ethics or other matter prescribed under this Act or any other law enacted pursuant to Chapter Six of the Constitution; Section 11(1)(e) recommend appropriate action to be taken against State officers or public officers alleged to have engaged in unethical conduct; Section 11(1)(f) oversee the enforcement of codes of ethics prescribed for public officers; Section 11(1)(g) advise, on its own initiative, any person on any matter within its functions; Section 11(1)(h) raise public awareness on ethical issues and educate the public on the dangers of corruption and enlist and foster public support in combating corruption but with due regard to the requirements of the Anti-Corruption and Economic Crimes ( Cap. 65 ) as to confidentiality; Section 11(1)(i) subject to Article 31 of the Constitution, monitor the practices and procedures of public bodies to detect corrupt practices and to secure the revision of methods of work or procedures that may be conducive to corrupt practices; Section 11(1)(j) institute and conduct proceedings in court for purposes of the recovery or protection of public property, or for the freeze or confiscation of proceeds of corruption or related to corruption, or the payment of compensation, or other punitive and disciplinary measures including proceedings for the recovery of property or proceeds of corruption located outside Kenya; and Section 11(1)(k) perform any other functions and exercise any other powers conferred by an Act of Parliament. Section 11(2) Deleted byAct No. 18 of 2014, Sch. Section 11(3) The Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") may cooperate and collaborate with other State organs and agencies and any foreign government or international or regional organisation in the prevention and investigation for corruption. Section 11(3A) State agencies and organs referred to in subsection (3) may grant the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") access to relevant information in the prevention and investigation of economic crime. Section 11(4) The Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") shall have all powers necessary or expedient for the efficient and effective execution of its functions, under the Constitution, this Act or any other written law. Section 11(5) The Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") may request and obtain professional assistance or advice from such persons or organizations as it considers appropriate. Section 11(6)(a) assist the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") in policy formulation and ensure that the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") and its staff, including the Secretary perform their duties to the highest standards possible in accordance with this Act; Section 11(6)(b) give strategic direction to the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") in the performance of its functions as stipulated in this Act; Section 11(6)(c) establish and maintain strategic linkages and partnerships with other stakeholders in the rule of law and other governance sector; Section 11(6)(d) deal with reports, complains of abuse of power; impropriety and other forms of misconduct on the part of the commission or its staff; and Section 11(6)(e) deal with reports of conduct amounting to maladministration, including but not limited to delay in the conduct of investigations and unreasonable invasion of privacy by the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") or its staff. Section 11(7) The Commissioners shall meet at least once every quarter or as often as the need arises for the execution of their functions. [Act No. 18 of 2014 , Sch., Act No. 47 of 2016 , s. 25, Act No. 20 of 2020 , Sch, Act No. 10 of 2023 , Sch, Act No. 11 of 2025 , 3rd Sch.]

Section 11Verify source

§ 12ADMINISTRATION - 12. General principlesProvision

Requires accommodating the diversity of Kenyan people.

Section 12. General principles Section accommodate the diversity of Kenyan people;

Section 12Verify source

§ 13ADMINISTRATION - 13. Powers of theCommissionProvision

The Commission (the Ethics and Anti-Corruption Commission) has all powers necessary to carry out its functions under the Constitution, this Act and any other written law.

Section 13. Powers of theCommission Section 13(1) The Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") shall have all powers generally necessary for the execution of its functions under the Constitution, this Act, and any other written law. Section 13(2)(a) educate and create awareness on any matter within the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") 's mandate; Section 13(2)(b) undertake preventive measures against unethical and corrupt practices; Section 13(2)(c) conduct investigations on its own initiative or on a complaint made by any person, and Section 13(2)(d) conduct mediation, conciliation and negotiation. Section 13(2)(e) hire such experts as may be necessary for the performance of any of its functions.

Section 13Verify source

§ 14ADMINISTRATION - 14. Committees of theCommissionProvision

The Ethics and Anti-Corruption Commission may establish committees, may co-opt persons into those committees, and co-opted persons may attend and participate in meetings but may not vote.

Section 14. Committees of theCommission Section 14(1) The Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") may establish committees for effective discharge of its functions. Section 14(2) The Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") may co-opt into the membership of committees established under subsection (1) other persons whose knowledge and skills are found necessary for the functions of the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") . Section 14(3) Any person co-opted into the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") under subsection (2) may attend the meetings of the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") and participate in its deliberation, but shall have no power to vote.

Section 14Verify source

§ 15ADMINISTRATION - 15. Procedure for theCommissionProvision

The Commission must conduct its business in accordance with the Second Schedule; except as provided in that Schedule, the Commission may regulate its own procedure.

Section 15. Procedure for theCommission Section 15(1) The business and affairs of the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") shall be conducted in accordance with the Second Schedule. Section 15(2) Except as provided in the Second Schedule, the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") may regulate its own procedure.

Section 15Verify source

§ 16ADMINISTRATION - 16. Secretary to theCommissionProvision

The Commission must appoint, via open competitive recruitment and with National Assembly approval, a qualified Secretary who serves one six-year term, must take the oath before assuming office, and is responsible to the Commission; the Commission must advertise vacancies at least three months before term expiry.

Section 16. Secretary to theCommission Section 16(1) The Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") shall, through an open, transparent and competitive recruitment process, and with the approval of the National Assembly, appoint a suitably qualified person to be the Secretary to the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") . Section 16(2)(a) is a citizen of Kenya; Section 16(2)(b) possesses a postgraduate degree from a university recognised in Kenya; Section 16(2)(c) has had at least ten years proven experience at management level; Section 16(2)(d) ethics and governance; Section 16(2)(d)(i) ethics and governance; Section 16(2)(d)(ii) law; Section 16(2)(d)(iii) public administration; Section 16(2)(d)(iv) leadership; Section 16(2)(d)(v) economics; Section 16(2)(d)(vi) social studies: Section 16(2)(d)(vii) audit; Section 16(2)(d)(viii) accounting; Section 16(2)(d)(ix) fraud investigation; Section 16(2)(d)(x) public relations and media; or Section 16(2)(d)(xi) religious studies or philosophy; Section 16(2)(e) meets the requirements of Chapter Six of the Constitution. Section 16(3) The Secretary shall be a State officer and shall serve on such terms and conditions as the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") may determine. Section 16(4) Before assuming office, the Secretary shall take and subscribe to the oath of office set out in the First Schedule. Section 16(5) The Secretary shall hold office for one term of six years and shall not be eligible for reappointment. Section 16(6) The Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") shall cause the vacancy in the office of the Secretary to be advertised at least three months before the expiry of the incumbent's term. Section 16(7) The Secretary shall, in the performance of the functions and duties of office, be responsible to the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") . Section 16(8)(a) the chief executive officer of the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") ; Section 16(8)(b) the accounting officer of the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") ; and Section 16(8)(c) carrying out of the decisions of the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") ; Section 16(8)(c)(i) carrying out of the decisions of the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") ; Section 16(8)(c)(ii) day-to-day administration and management of the affairs of the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") ; Section 16(8)(c)(iii) supervision of other employees of the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") ; Section 16(8)(c)(iv) the performance of such other duties as may be assigned by the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") .

Section 16Verify source

§ 17ADMINISTRATION - 17. Removal from office of the SecretaryProvision

If removal of the Secretary under subsection (1) is being considered, the Commission must inform the Secretary in writing of the reasons and give the Secretary an opportunity to respond in writing.

Section 17. Removal from office of the Secretary Section 17(1)(a) inability to perform functions of the office arising out of physical or mental incapacity; Section 17(1)(b) gross misconduct or misbehaviour; or Section 17(1)(c) incompetence; or Section 17(1)(d) violation of the Constitution. Section 17(2) Where the question of the removal of the Secretary under subsection (1) arises, the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") shall inform the Secretary in writing of the reasons for the intended removal and shall give the Secretary the opportunity to respond thereto in writing.

Section 17Verify source

§ 18ADMINISTRATION - 18. Staff of theCommissionProvision

Section 18 governs the Commission's staff: the Commission may appoint professional, technical and administrative officers and support staff; the Public Service Commission may second public officers to the Commission on request; seconded public officers are deemed Commission employees, entitled to the same benefits and required to comply with applicable law and Commission directions.

Section 18. Staff of theCommission Section 18(1) There shall be a secretariat of the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") . Section 18(2)(a) such professional, technical and administrative officers and support staff, as may be appointed by the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") in the discharge of its functions under this Act; and Section 18(2)(b) such public officers as may be seconded by the Public Service Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") to the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") upon its request. Section 18(3) For purposes of this Act, a public officer who is seconded to the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") under subsection (2) (b) , shall be deemed to be an employee of the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") and shall enjoy the same benefits and shall be required to comply with the Constitution, this Act and any other written law relating to matters of ethics, leadership and anti-corruption, and any instruction, orders and directions of the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") in the same manner as an employee recruited directly by the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") under this Act. Section 18(4)(a) at least one-third of the employees are of either gender; Section 18(4)(b) the appointinent reflect ethnic and regional diversity of the people of Kenya.

Section 18Verify source

§ 19ADMINISTRATION - 19. Seal of theCommissionProvision

The Commission determines the form of its seal; the Secretary keeps the seal; affixing the seal is authenticated by the chairperson or another person authorized by the Commission; documents under the Commission's seal are prima facie evidence.

Section 19. Seal of theCommission Section 19(1) The seal of the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") shall be such device as may be determined by the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") and shall be kept by the Secretary. Section 19(2) The affixing of the seal shall be authenticated by the chairperson ("the chairperson of the Commission appointed in accordance with Article 250(2) of the Constitution and the procedure set out in section (6);") or any other person authorized in that behalf by a resolution of the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") . Section 19(3) Any document purporting to be under the seal of the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") or issued on behalf of the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") shall be received in evidence and shall be deemed to be so executed or issued, as the case may be, without further proof, unless the contrary is proved.

Section 19Verify source

§ 20ADMINISTRATION - 20. Protection from personal liabilityProvision

Members of the Commission and persons acting under its instructions are exempt from personal liability for acts done in good faith while executing the Commission's powers, functions or duties under the Constitution or the Act.

Section 20. Protection from personal liability Section Nothing done by a member of the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") or by any person working under the instructions of the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") shall, if done in good faith for the purpose of executing the powers, functions or duties of the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") under the Constitution or this Act, render such member or officer personally liable for any action, claim or demand.

Section 20Verify source

§ 21ADMINISTRATION - 21. Code of conductProvision

Members and the employees of the Commission must subscribe to the code of conduct set out in the Third Schedule.

Section 21. Code of conduct Section Members and the employees of the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") shall subscribe to the code of conduct set out in the Third Schedule.

Section 21Verify source

§ 3ADMINISTRATION - 3. Establishment theCommissionProvision

There is established an Ethics and Anti-Corruption Commission.

Section 3. Establishment theCommission Section 3(1) There is established an Ethics and Anti-Corruption Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") . Section 3(2)(a) acquire, hold, charge and dispose movable and immovable property; and Section 3(2)(b) do or perform all such other things or acts for the proper discharge of its functions under the Constitution, this Act or any written law, as may lawfully be done or performed by a body corporate. Section 3(3) The Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") shall ensure access to its services in all parts of the Republic accordance with Article 6(3) of the Constitution.

Section 3Verify source

§ 4ADMINISTRATION - 4. Composition and appointment of theCommissionProvision

The Commission must consist of a chairperson and four other members who are appointed in accordance with the Constitution and this Act.

Section 4. Composition and appointment of theCommission Section The Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") shall consist of a chairperson ("the chairperson of the Commission appointed in accordance with Article 250(2) of the Constitution and the procedure set out in section (6);") and four other members appointed in accordance with the provisions of the Constitution and this Act. [Act No. 12 of 2015 , s. 2.]

Section 4Verify source

§ 5ADMINISTRATION - 5. Qualifications for appointment aschairpersonor memberProvision

The chairperson of the Commission must be qualified to be a High Court judge and must not have specified disqualifying statuses (party governing body member, undischarged bankrupt, convicted of a felony, or removed from public office); one disqualification lapses after two general elections.

Section 5. Qualifications for appointment aschairpersonor member Section 5(1) The chairperson of the Commission shall be a person who is qualified to hold the office of a judge of the High Court under the Constitution— Section 5(2)(a) meets the requirements of Chapter Six of the Constitution. Section 5(2)(b) holds a degree from a University recognized in Kenya; Section 5(2)(c) ethics and governance; Section 5(2)(c)(i) ethics and governance; Section 5(2)(c)(ii) law; Section 5(2)(c)(iii) public administration; Section 5(2)(c)(iv) leadership; Section 5(2)(c)(v) economics; Section 5(2)(c)(vi) social studies; Section 5(2)(c)(vii) audit; Section 5(2)(c)(viii) accounting; Section 5(2)(c)(ix) fraud investigation; Section 5(2)(c)(x) public relations and media; or Section 5(2)(c)(xi) religious studies or philosophy; and Section 5(2)(d) has had a distinguished career in their respective field. Section 5(3)(a) is a member of a governing body of a political party; Section 5(3)(b) is an undischarged bankrupt; Section 5(3)(c) has been convicted of a felony; or Section 5(3)(d) has been removed from public office for contravening the provisions of the Constitution or any other law. Section 5(4) Subsection (3) (a) shall cease to apply to a person after two general elections have been held since the person ceased to hold such office. [Act No. 18 of 2024 , s. 2.]

Section 5Verify source

§ 6ADMINISTRATION - 6.[Deleted by ActNo. 25 of 2015, Sch.]Provision

Section 6 was deleted by ActNo. 25 of 2015, Sch.

Section 6.[Deleted by ActNo. 25 of 2015, Sch.]

Section 6Verify source

§ 7ADMINISTRATION - 7. Term of officeProvision

The chairperson and members of the Commission are appointed for a single term of six years, are not eligible for re-appointment, and shall serve on a part-time basis.

Section 7. Term of office Section 7(1) The chairperson ("the chairperson of the Commission appointed in accordance with Article 250(2) of the Constitution and the procedure set out in section (6);") and members of the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") shall be appointed for a single term of six years and are not eligible for re-appointment. Section 7(2) The chairperson ("the chairperson of the Commission appointed in accordance with Article 250(2) of the Constitution and the procedure set out in section (6);") and members of the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") shall serve on a part-time basis. [Act No. 12 of 2015 , s. 3.]

Section 7Verify source

§ 8ADMINISTRATION - 8. Oath of OfficeProvision

Before assuming office, the chairperson and members of the Commission must make and subscribe to the oath of office set out in the First Schedule.

Section 8. Oath of Office Section Before assuming office, the chairperson ("the chairperson of the Commission appointed in accordance with Article 250(2) of the Constitution and the procedure set out in section (6);") and members of the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") shall make and subscribe to the oath of office set out in the First Schedule.

Section 8Verify source

§ 9ADMINISTRATION - 9. VacancyProvision

States: "Vacancy Section dies;"

Section 9. Vacancy Section dies;

Section 9Verify source

Part III

FINANCIAL PROVISIONS

§ 22FINANCIAL PROVISIONS - 22. Funds of theCommissionProvision

Funds donated, lent or gifted to the Commission must be disclosed to the National Assembly and made public before use.

Section 22. Funds of theCommission Section 22(1)(a) monies allocated by Parliament for purposes of the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") ; Section 22(1)(b) any grants, gifts, donations or other endowments given to the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") ; Section 22(1)(c) such funds as may vest in or accrue to the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") in the performance of its functions under this Act or under any other written law. Section 22(2) Any funds donated or lent to, or gift made to the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") shall be disclosed to the National Assembly and made public before use.

Section 22Verify source

§ 23FINANCIAL PROVISIONS - 23. Remuneration and allowancesProvision

A member of the Commission shall be paid remuneration and allowances as determined by the Salaries and Remuneration Commission.

Section 23. Remuneration and allowances Section A member of the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") shall be paid such remuneration or allowances as the Salaries and Remuneration Commission ("the Salaries and Remuneration Commission established under Article 230 of the Constitution;") shall determine.

Section 23Verify source

§ 24FINANCIAL PROVISIONS - 24. Annual estimatesCommencement

The Commission must prepare annual revenue and expenditure estimates at least three months before each financial year; approve them before the year starts and submit them to the Cabinet Secretary for tabling in Parliament.

Section 24. Annual estimates Section 24(1) At least three months before the commencement of each financial year, the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") shall cause to be prepared estimates of the revenue and expenditure of the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") for that year. Section 24(2)(a) payment of remuneration in respect of the members and staff of the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") ; Section 24(2)(b) payment of pensions, gratuities and other charges in respect of benefits which are payable out of the funds of the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") ; Section 24(2)(c) maintenance of the buildings and grounds of the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") ; Section 24(2)(d) funding of training, research and development of activities of the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") ; and Section 24(2)(e) creation of such funds to meet future or contingent liabilities in respect of benefits, insurance or replacement of buildings or installations, equipment and in respect of such other matters as the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") may think fit. Section 24(3) The annual estimates shall be approved by the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") before the commencement of the financial year to which they relate and shall be submitted to the Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to ethics and anti-corruption matters;") for tabling in Parliament.

Section 24Verify source

§ 25FINANCIAL PROVISIONS - 25. Financial year of theCommissionCommencement

The financial year starts on the day this Act comes into operation and ends on the following 30th June.

Section 25. Financial year of theCommission Section the period begin on the day on which this Act comes into operation and ending on the following thirtieth June;

Section 25Verify source

§ 26FINANCIAL PROVISIONS - 26. Accounts and auditProvision

The Commission must cause proper books and records of account covering its income, expenditure, assets and liabilities to be kept.

Section 26. Accounts and audit Section 26(1) The Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") shall cause to be kept all proper books and records of account of the income, expenditure, assets and liabilities of the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") . Section 26(2) The annual accounts of the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") shall be prepared, audited and reported upon in accordance with the Public Audit Act ( Cap. 412B ).

Section 26Verify source

§ 27FINANCIAL PROVISIONS - 27. ReportsProvision

The Commission must prepare an annual report at the end of each financial year, submit it to the President and National Assembly within six months after the year-end, include specified contents, and publish and publicize the report.

Section 27. Reports Section 27(1) The Commission shall, at the end of each financial year cause an annual report to be prepared. Section 27(2) The Commission shall submit the annual report to the President and the National Assembly six months after the end of the year to which it relates. Section 27(3)(a) the financial statements of the Commission; Section 27(3)(b) a description of the activities of the Commission; Section 27(3)(c) such other statistical information as the Commission may consider appropriate relating to the Commission's functions; Section 27(3)(d) any recommendations made by the Commission to State departments or any person and the action taken; Section 27(3)(e) the impact of the exercise of any of its mandate or function; Section 27(3)(f) any impediments to the achievements of the objects and functions under the Constitution, this Act or any written law; and Section 27(3)(g) the state of compliance with the provisions of section 18(4)(b) ; Section 27(3)(h) any other information relating to its functions that the Commission considers necessary. Section 27(4) The Commission shall cause the annual report to be published and the report shall be publicized in such manner as the Commission may determine. [Act No. 12 of 2015 , s. 5, Act No. 19 of 2023 , Sch. ]

Section 27Verify source

Part IV

MISCELLANEOUS PROVISIONS

§ 28MISCELLANEOUS PROVISIONS - 28. Independence of theCommissionProvision

Section 28. Independence of theCommission Section Except as provided in the Constitution and this Act, the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") shall, in the performance of its functions, not be subject to the direction or control of any person or authority.

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§ 29MISCELLANEOUS PROVISIONS - 29. Management of informationProvision

The Ethics and Anti-Corruption Commission must publish important information within its mandate, and every member and employee of the Commission must sign a confidentiality agreement.

Section 29. Management of information Section 29(1) The Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") shall publish and publicise important information within its mandate affecting the nation. Section 29(2)(a) shall be addressed to the Secretary or such other person as the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") may for that purpose designate; Section 29(2)(b) may be subject to the payment of a reasonable fee; and Section 29(2)(c) may be subject to confidentiality requirements of the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") . Section 29(3)(a) the request is unreasonable in the circumstances; Section 29(3)(b) the information requested is at a deliberative stage by the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") ; Section 29(3)(c) failure of payment of a prescribed fee; or Section 29(3)(d) failure of the applicant to satisfy confidentiality requirements by the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") Section 29(4) The right of access to information under Article 35 of the Constitution is limited to the nature and extent specified under this section. Section 29(5) Every member and employee of the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") shall sign a confidentiality agreement.

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§ 30MISCELLANEOUS PROVISIONS - 30. PublicityProvision

Publicity: the location of its principal office is mentioned.

Section 30. Publicity Section the location of its principal office; and

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§ 31MISCELLANEOUS PROVISIONS - 31. Legal adviceProvision

The Commission may request legal advice from the Attorney-General.

Section 31. Legal advice Section The Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") may request legal advice from the Attorney-General.

Section 31Verify source

§ 32MISCELLANEOUS PROVISIONS - 32. RegulationsProvision

Grants the power to confirm appointments of persons to any office in respect of which it is responsible under this Act.

Section 32. Regulations Section the appointment, including the power to confirm appointments of persons, to any office in respect of which it is responsible under this Act;

Section 32Verify source

Part V

SAVINGS AND TRANSITIONAL PROVISIONS

§ 33SAVINGS AND TRANSITIONAL PROVISIONS - 33. SavingsProvision

Orders or notices made or issued by the Kenya Anti-Corruption Commission are to be treated as having been made or issued under this Act.

Section 33. Savings Section any orders or notices made or issued by the Kenya Anti-Corruption Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") shall be deemed to have been made or issued under this Act;

Section 33Verify source

§ 34SAVINGS AND TRANSITIONAL PROVISIONS - 34. Transfer of staff of the Kenya Anti-CorruptionCommissionCommencement

Certain staff who immediately before commencement worked for the Kenya Anti-Corruption Commission (other than the Director and Deputy Directors), and government employees attached to that Commission, are deemed to be employees of the Ethics and Anti-Corruption Commission for the unexpired period of their term; applicants who fail vetting under subsection (3) shall not be employed or appointed by the Commission.

Section 34. Transfer of staff of the Kenya Anti-CorruptionCommission Section 34(1) Subject to subsection (4) , a person who immediately before the commencement of this Act was serving on contract as a member of staff of the Kenya Anti-Corruption Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") , other than the Director and Deputy Directors, shall, at the commencement of this Act, be deemed to be an employee of the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") for the unexpired period, if any, of the term. Section 34(2) Every person who immediately before the commencement of this Act was an employee of the Government attached to the Kenya Anti-Corruption Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") shall, upon the commencement of this Act, be deemed to be an employee of the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") for the unexpired period, if any, of the term of the contract. Section 34(3)(a) require such a person to make an application for employment or appointment to the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") ; and Section 34(3)(b) using the criteria determined by the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") , vet such a person to ensure that he or she is fit and proper to serve in the position applied for as a member of staff of a Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") . Section 34(4) An applicant who fails to meet the vetting criteria under subsection (3) shall not be employed or appointed by the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") and the services of such applicant with the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") shall be terminated in accordance with the terms of the contract of employment.

Section 34Verify source

§ 35SAVINGS AND TRANSITIONAL PROVISIONS - 35. Transfer of assets, etc.Commencement

All property, assets, rights, liabilities, obligations, agreements and other arrangements that were vested in, acquired, incurred or entered into by or on behalf of the Kenya Anti-Corruption Commission before this Act are deemed to vest in or have been acquired by the Ethics and Anti-Corruption Commission upon commencement of the Act.

Section 35. Transfer of assets, etc. Section 35(1) All property, assets, rights, liabilities, obligations, agreements and other arrangements existing at the commencement of this Act and vested in, acquired, incurred or entered into by or on behalf of the Kenya Anti-Corruption Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") , shall upon the commencement of this Act, be deemed to have vested in or to have been acquired, incurred or entered into by or on behalf of the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") to the same extent as they were enforceable by or against the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") before the commencement of the Act. Section 35(2)(a) make such entries in the appropriate register as shall give effect to the transfer; Section 35(2)(b) where appropriate, issue to the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") a certificate of title or other statutory evidence of ownership of the property or make such amendments on such certificates or in the appropriate register as may be necessary; and Section 35(2)(c) make any necessary endorsements on such deeds or other documents as may be presented to such registering authority relating to the title, right or obligation concerned.

Section 35Verify source

§ 36SAVINGS AND TRANSITIONAL PROVISIONS - 36. Amendment of section 2 ofCap. 65Substitution

Amends section 2 of Cap. 65 by deleting the existing definition of "Commission" and substituting a new definition that defines "Commission" to mean the Independent Ethics and Anti-Corruption Commission established under section 3 of the Ethics and Anti-Corruption Commission Act (Cap. 7H) pursuant to Article 79 of the Constitution.

Section 36. Amendment of section 2 ofCap. 65 Section The Anti-Corruption and Economic Crimes Act ( Cap. 65 ) is amended in section 2 , by deleting the definition of "Commission" and substituting therefor the following new definition— " Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") " means the Independent Ethics and Anti-Corruption Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") established under section 3 of the Ethics and Anti-Corruption Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") Act (Cap. 7H) pursuant to Article 79 of the Constitution; [Act No. 12 of 2012 , Sch.]

Section 36Verify source

§ 37SAVINGS AND TRANSITIONAL PROVISIONS - 37. Repeal of Part III ofCap. 65Repeal

Section 37. Repeal of Part III ofCap. 65 Section The Anti-Corruption and Economic Crimes Act ( Cap. 65 ) is amended by repealing Part III, save for Part IIIB for ninety days or until the Commission ("the Ethics and Anti-Corruption Commission established underof this Act;") comes into place, whichever comes earlier.

Section 37Verify source

Legislative relationships

4 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

2 instruments

Commission must subscribe to the code of conduct set out in the Third Schedule. Section 21. Code
Section 21
Constitution and this Act
Sections 4, 10

G–M

1 instrument

Kenya Anti-Corruption Commission before this Act
Section 35

N–S

1 instrument

Part III ofCap. 65 Part III of the Anti-Corruption and Economic Crimes Act
Section 37

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19 Aug 2025 · currentEnglish

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