Conflict of Interest Act

This Act may be cited as the Conflict of Interest Act, 2025.

Section 2 lists definitions of terms used in the Act.

Sets out the objects (purposes) of the Act, including promoting objectivity and impartiality, protecting decision-maker integrity, enhancing public confidence, providing frameworks to regulate conflict between public and private interests, establishing institutional arrangements, enhancing accountability, and promoting selfless public service.

The Act applies to all reporting entities and public officers.

The Ethics and Anti-Corruption Commission administers the Act.

The Commission oversees the management of conflicts of interest for all public officers.

The Commission has the power to conduct investigations on its own initiative or on a complaint made by a member of the public.

Public officers must not make or participate in decisions involving an official power or duty when they know they have a conflict of interest.

Members who declare an interest shall not use information from their constitutional role to advance their private interests; the Speaker or committee Chairperson may permit participation after considering the declared interest; contravention is an offence.

A public officer must not grant any special consideration, treatment or advantage beyond what is allowed by law or written policy when exercising official power or performing duties.

Public officers must not use non-public information obtained in their duties to improperly further private interests.

Public officers must not use their position to influence another person's or public officer's decision to further private interests; a person who breaches this commits an offence.

Public officers must not be influenced by offers of outside employment and must disclose offers or accepted outside employment to the reporting authority within seven days.

Public officers must declare gifts or benefits they accept (and make similar declarations if a family member accepts), generally within 48 hours; certain customary or low‑value items are treated differently; contravening the section is an offence.

Register of gifts: gifts received by any person serving in the reporting entity

Public officers must not accept complimentary treatment unless required for official duties or in exceptional circumstances; if aware a family member accepted such a treatment in exceptional circumstances they must declare it within 48 hours including nature, donor and circumstances.

Public officers must not enter into or benefit from contracts with their reporting entity, nor award or influence contracts where they have a private interest; a person who breaches these rules commits an offence.

Public officers are prohibited from acquiring an interest in a partnership, private company, or other legal entity that is a party to a contract with any reporting entity that receives a benefit; an exception allows interests bought through trading on regulated financial markets provided the officer does not acquire controlling shares.

Public officers must not participate in, influence, or canvass in recruitment processes where they have a private interest; appointment of permitted personal staff is excluded.

Public officers must not make arrangements with officers of another reporting entity to conceal a conflict of interest; a person who does so commits an offence.

Public officers who take on gainful employment that is not prohibited must declare and register that employment within thirty days; they must not engage in other gainful employment without permission; contravening this section is an offence.

The reporting authority of a reporting entity must maintain a register of conflict of interest in the prescribed manner.

Persons are prohibited from acting for or promoting a political party or candidate, manifesting support or opposition for political parties or candidates, or engaging in political activity that compromises the political neutrality of their office; contravening subsection (1) is an offence.

Public officers are prohibited from using their official position to solicit funds or coerce donations to private collections; the President may, by Gazette notice declaring a national disaster, allow public collections for that disaster; contravening subsection (1) or (2) is an offence.

Former public officers are prohibited from certain post‑employment activities, including acting for parties against the State in matters they handled, working for or against their former employer for two years, using non‑public official information for others, and accepting board or employment positions with private entities they had significant official dealings with in the two years before leaving.

A former public officer must not, for two years after leaving service, represent or defend any person before a reporting entity with which they had direct and significant official dealings, whether paid or unpaid.

Former public officers meeting any listed condition may be exempted; the Commission must notify applicants of its decision in writing within thirty days of application.

Defines conflict of interest as when a public officer exercises an official power, duty or function to further his or her private interests or the private interests of another person.

Public officers must take reasonable steps to avoid any real, apparent or potential conflict of interest in connection with their official duties.

Public officers must recuse themselves from matters where they have a conflict of interest; reporting entities must transmit a recusal declaration to the Commission within sixty days.

Public officers must submit a declaration of their income, assets and liabilities (and those of their spouse and dependent children under eighteen), using the Form in the First Schedule, and must report material changes within the two-year period before the declaration, including specified examples such as a twenty-five percent change, disposals/acquisitions, marital status changes, directorships and membership changes.

Section 32 assigns which commission or body is the responsible Commission for particular categories of public officers under this Act.

The Public Service Commission may delegate, by Gazette notice and subject to subsection (2), any of its powers and functions concerning declarations of income, assets and liabilities and enforcement of the code of conduct for specified classes of public officers.

Public officers must submit initial, periodic (every two years), and final financial declarations within specified timelines around appointment, during service, and after leaving office.

The responsible Commission may request clarification within six months; the public officer must provide it within thirty days; the Commission may verify the declaration.

Section 36 allows any person to request access to a declaration or clarification from the responsible Commission if they apply in the prescribed manner and show legitimate interest and good cause; law enforcement agencies may access disclosures after due process; the Commission must give affected parties a chance to make representations before an affirmative decision.

The responsible Commission must keep information collected under this Act about a person for at least five years after that person ceases to be a public officer.

A public officer who does not submit required information within the prescribed period commits an offence.

A public officer must not submit information that the public officer knows, or ought to know, is false or misleading; doing so is an offence.

The Commission must develop and publish administrative mechanisms for implementing this Part and must publish them in the Gazette within twelve months after commencement of the Act.

Allows persons to lodge complaints about public officers; reporting authorities or the Commission must record reports and may investigate, initiate investigations, take disciplinary action, and refer matters to the Commission; concurrent investigations by a reporting authority and the Commission are prohibited.

The Commission or a reporting authority may decline to start investigations on certain grounds, and if they do so they must inform the complainant and give reasons.

Public officers may be suspended with full pay pending investigation; if investigations are not concluded within 90 days they are deemed concluded and the officer must resume duties; a court may extend the investigation period.

Section 44 lets the Commission recommend disciplinary, administrative or prosecutorial action and to apply to the High Court if recommendations are not implemented.

Section 45 sets maximum fines and imprisonment for offences: up to KSh 4,000,000 or up to ten years imprisonment (or both) for a natural person; up to KSh 10,000,000 for a body corporate. It also mandates an additional fine equal to twice any quantifiable benefit or loss resulting from the offence, including where both benefit and loss occurred.

Confidentiality is essential for carrying out functions and exercising powers conferred on them under this Act.

People who make or propose public‑interest disclosures obtained in confidence are entitled not to be penalized; persons with reasonable belief must make disclosures; making maliciously false disclosures is an offence punishable by fine or imprisonment.

The Commission and people acting for it are protected from criminal or civil proceedings for actions done in good faith while exercising Commission powers or performing its functions under this Act.

Reporting entities must file compliance reports with the Commission within six months after the end of the financial year, in the prescribed form.

The Attorney-General may make regulations to carry into effect the provisions of the Act.

The Public Officer Ethics Act is repealed.

Statutory instruments made under the repealed Act remain in force unless inconsistent with this Act, until revoked or repealed under this Act, and are deemed to have been made under this Act; criminal proceedings begun under repealed provisions before commencement continue.

The Ethics and Anti-Corruption Commission Act (Cap. 7H), the Anti-Corruption and Economic Crimes Act (Cap. 65) and the Leadership and Integrity Act (Cap. 185C) are amended as specified in the Third Schedule.