Kenya Act or statute

Parliament of Kenya

Conflict of Interest Act, 2025

Jurisdiction: Kenya
Structure: 53 provisions
Citation: Act No. 11 of 2025
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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Purpose and legislative effect

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

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.

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PRELIMINARY - 1. Short title

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

Section 1

CONFLICT OF INTEREST - 16. Gifts and other benefits

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.

Section 16

CONFLICT OF INTEREST - 29. Exemption of former public officers

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.

Section 29

COMPLIANCE MEASURES - 40. Publication of administrative mechanisms

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.

Section 40

REPEALS, SAVINGS AND TRANSITIONAL PROVISIONS - 53. Consequential amendments

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.

Section 53

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Showing 53 of 53 provisions

Provision 24Offence 20Commencement 4Interpretation 2

Part I

PRELIMINARY

§ 1PRELIMINARY - 1. Short titleShort title

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

Section 1. Short title Section This Act may be cited as the Conflict of Interest Act, 2025.

Section 1Verify source

§ 2PRELIMINARY - 2. InterpretationInterpretation

Section 2 lists definitions of terms used in the Act.

Section 2. Interpretation Section In this Act, unless the context otherwise requires— “accounting officer” has the meaning assigned to it under section 2 of the Public Finance Management Act ( Cap. 412A ); “Commission” means the Ethics and Anti-Corruption Commission established under section 3 of the Ethics and Anti-Corruption Commission Act ( Cap. 7H ); “complimentary treatment” means a treat offered free of charge as a favour or out of courtesy by a person who has significant official dealings with a public entity and includes offers for travel, holiday, hospitality, training, scholarship or medical treatment; "conflict of interest’ means a conflict between the public duty and private interests of a public official, in which the public official has private capacity interests that could improperly influence the performance of his or her official duties and responsibilities; “family” means— (a) the spouse, dependent child or parent of a public officer; (b) a dependent child of the spouse of a public officer; and (c) a parent of the spouse of a public officer. “gainful employment” means work that a person pursues and performs for money or other form of compensation or remuneration; “official duty” means any task that a public officer is mandated to perform within the specific scope of his or her employment as defined by a contract of employment, an Act of Parliament or the Constitution; "private interest” means a personal benefit, privilege, exemption or advantage that a public officer or a person affiliated to a public officer may gain from the office that the public officer holds and which may influence the judgement of the public officer in the exercise of a public duty, but does not include interest in a decision or matter that— (a) is of general application; (b) affects a public officer as a member of a broad class of persons; or (c) concerns the remuneration or benefits received by virtue of being a public officer; “public officer” has the meaning assigned to it by Article 260 of the Constitution; “registrable interests” means the interests set out in the Second Schedule; “relative” means a person who is related to a public officer by birth, marriage, adoption or affinity; “reporting authority” in relation to a public officer, means an office or body that is responsible for the public officer for the purposes of this Act and includes an accounting officer, a person who exercises executive control over the resources of the entity or any office or entity exercising a function delegated by the Commission; “reporting entity” means— (a) a state organ; (b) the national government or any organ or department of the national government; (c) a county government or any organ or department of a county government; (d) a state corporation within the meaning of State Corporations Act ( Cap. 446 ); (e) a public school within the meaning of the Basic Education Act ( Cap. 211 ); (f) a public university within the meaning of the Universities Act ( Cap. 210 ); (g) a company owned by the national government or a county government; (h) a body that uses public assets in any form of contractual undertakings including public private partnerships; (i) a company in which the national or county government has controlling shares in accordance with section 125 of the Companies Act ; (j) a college or other educational institution maintained or assisted out of public funds; (k) an entity which renders a service involving the collection or administration of a levy, fee or funds authorized by legislation; (l) any entity that uses public money in the delivery of government programmes or services, whether for profit or not; “responsible Commission” in relation to a public officer, means the entity determined under section 32 to be the responsible Commission in relation to a public officer; “significant official dealing” means an engagement with an entity by a public officer at a level which, in ordinary circumstances, and taking into account the totality of the circumstances, would be construed as capable of influencing the decision of the public officer in relation to the entity, including— (a) engagement as an employee or agent of an entity; (b) undertaking a consultancy for or on behalf of an entity; (c) rendering of advice to an entity, whether directly or indirectly, and whether formally requested or not; (d) any dealing with an entity in a contractual relationship for supply of goods, services or works; or (e) any engagement where the public officer exercises regulatory or oversight functions over the affairs of the entity, in whatever form; “undeclared asset” means any asset that is not disclosed in the prescribed manner in any declaration year; “unexplained asset” means an asset of a person whose value is disproportionate to his or her known sources of income at or around that time and for which there is no satisfactory explanation; and "windfall gain” includes unexpected income which may result from inheritance, lottery prizes, gambling winnings, payroll bonuses, proceeds from insurance claims, settlement from lawsuits, discoveries from treasure hunting or bounty rewards.

Section 2Verify source

§ 3PRELIMINARY - 3. objects of the ActProvision

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.

Section 3. objects of the Act Section 3(1) The object of this Act is to provide for the objects of the management of conflict of interest in the discharge of official duties. Section 3(2)(a) promote objectivity and impartiality in official decision making; Section 3(2)(b) ensure that the integrity of decision makers is not compromised by private interests; Section 3(2)(c) enhance integrity of public office and public confidence in the delivery of public services; Section 3(2)(d) provide a framework for the regulation and management of real, apparent or potential conflict between public interest and private interest; Section 3(2)(e) provide an institutional framework for the management of conflict of interest, Section 3(2)(f) enhance accountability to the public for decisions and actions by public officers in execution of their duties; and Section 3(2)(g) promote selfless service by public officers based solely on the public interest.

Section 3Verify source

§ 4PRELIMINARY - 4. Application of the ActProvision

The Act applies to all reporting entities and public officers.

Section 4. Application of the Act Section This Act shall apply to all reporting entities and public officers.

Section 4Verify source

Part II

ADMINISTRATION

§ 5ADMINISTRATION - 5. Administration of the ActProvision

The Ethics and Anti-Corruption Commission administers the Act.

Section 5. Administration of the Act Section This Act shall be administered by the Ethics and Anti-Corruption Commission.

Section 5Verify source

§ 6ADMINISTRATION - 6. Functions of the CommissionProvision

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

Section 6. Functions of the Commission Section oversee the management of conflict of interest for all public officers;

Section 6Verify source

§ 7ADMINISTRATION - 7. Powers of the CommissionProvision

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

Section 7. Powers of the Commission Section conduct investigations on its own initiative or on a complaint made by a member of the public;

Section 7Verify source

Part III

CONFLICT OF INTEREST

§ 10CONFLICT OF INTEREST - 10. Conflict of interest in decision makingOffence

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

Section 10. Conflict of interest in decision making Section 10(1) A public officer shall not make a decision or participate in making a decision relating to the exercise of an official power or the performance of a duty or function if the public officer knows that, in the making of the decision, the officer would be in conflict of interest. Section 10(2) A person who contravenes subsection (1) commits an offence.

Section 10Verify source

§ 11CONFLICT OF INTEREST - 11. Participation in proceedings before Parliament or county assemblyOffence

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.

Section 11. Participation in proceedings before Parliament or county assembly Section 11(1)(a) debate or proceeding in the relevant House of Parliament or county assembly, as the case may be; Section 11(1)(b) debate or proceeding in any committee of the relevant House of Parliament or county assembly, as the case may be; or Section 11(1)(c) transaction or communication which the member may have with another person or other members of the relevant House of Parliament or county assembly, as the case may be. Section 11(2) A member of Parliament or a member of a county assembly who makes a declaration under subsection (1) shall not use any information obtained by the member in the discharge of the member’s constitutional role to advance the member’s private interests. Section 11(3) The Speaker or a Chairperson of a committee of the relevant House of Parliament or county assembly may allow a member of Parliament or a member of a county assembly to speak to a matter under deliberation after considering the nature, extent, and effect of the interest declared under subsection (1) . Section 11(4) A person who contravenes subsection (1) or subsection (2) commits an offence.

Section 11Verify source

§ 12CONFLICT OF INTEREST - 12. Preferential treatmentOffence

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.

Section 12. Preferential treatment Section 12(1) A public officer shall not, in the exercise of an official power or in the performance of a duty or function, grant a person, whether directly or indirectly, any special consideration, treatment or advantage beyond what is allowed by law or written policy. Section 12(2) A person who contravenes subsection (1) commits an offence.

Section 12Verify source

§ 13CONFLICT OF INTEREST - 13. Misuse of official informationOffence

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

Section 13. Misuse of official information Section 13(1) A public officer shall not, directly or indirectly, use or allow any person under the officer’s authority to use any information that is obtained in the course of performing official duties and is not available to the public to improperly further or seek to further the private interest of the officer or the interests of another person. Section 13(2) A person who contravenes subsection (1) commits an offence.

Section 13Verify source

§ 14CONFLICT OF INTEREST - 14. Undue influenceOffence

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.

Section 14. Undue influence Section 14(1) A public officer shall not use his or her position to influence the decision of another person or another public officer so as to further his or her private interests or the private interests of another person. Section 14(2) A person who contravenes subsection (1) commits an offence.

Section 14Verify source

§ 15CONFLICT OF INTEREST - 15. Offers of outside employmentOffence

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.

Section 15. Offers of outside employment Section 15(1)(a) not allow himself or herself to be influenced in the exercise of an official power or performance of a duty or function by plans for or any offer of outside employment; and Section 15(1)(b) disclose in writing to the reporting authority any offer of outside employment that could place the officer in a situation of conflict of interest, within seven days of receiving the offer. Section 15(2) A public officer who accepts an offer of outside employment shall, within seven days of acceptance, disclose his or her acceptance of the offer in writing to the reporting authority. Section 15(3) For purposes of this section “offer of outside employment” means a formal proposal made to a public officer to work for or privately do business with an entity which has official dealings with the reporting entity which the public officer is serving. Section 15(4) A person who contravenes subsection (1) or subsection (2) commits an offence.

Section 15Verify source

§ 16CONFLICT OF INTEREST - 16. Gifts and other benefitsOffence

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.

Section 16. Gifts and other benefits Section 16(1)(a) has an interest that may be affected by the carrying out, or not carrying out, of the public officer’s duties; Section 16(1)(b) carries on regulated activities with respect to which the public officer’s organisation has a role; or Section 16(1)(c) has a contractual or similar relationship with the public officer’s organisation. Section 16(2)(a) is received as a normal expression of courtesy or protocol; Section 16(2)(b) is within the customary standards that normally accompany the public officer’s position; Section 16(2)(c) is not monetary; or Section 16(2)(d) does not exceed such value as may be prescribed. Section 16(3) Subject to subsection (2) , if a public officer accepts any gift or benefit, the public officer shall, within forty-eight hours of acceptance of such gift or benefit, or, if not on duty, within forty-eight hours of resumption of duty, make a declaration of such acceptance, giving sufficient details of the nature of the gift or other benefit accepted, the donor and the circumstances under which it was accepted. Section 16(4) Where a public officer has knowledge that a family member or a relative has accepted a gift or favour under subsection (1) , the public officer shall, within forty-eight hours of such knowledge, or, if not on duty, within forty-eight hours of resumption of duty, make a declaration of the acceptance giving sufficient details of the nature of the gift or favour accepted, the donor and the circumstances under which it was accepted for purposes of assessment of potential conflict of interest. Section 16(5) A person who contravenes this section commits an offence.

Section 16Verify source

§ 17CONFLICT OF INTEREST - 17. Register of giftsProvision

Section 17. Register of gifts Section gifts received by any person serving in the reporting entity; and

Section 17Verify source

§ 18CONFLICT OF INTEREST - 18. Complimentary treatmentOffence

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.

Section 18. Complimentary treatment Section 18(1) A public officer shall not accept any complimentary treatment for any purpose unless the complimentary treatment offered is required in his or her official capacity or in exceptional circumstances. Section 18(2)(a) the nature of the complimentary treatment accepted; Section 18(2)(b) the donor; and Section 18(2)(c) the circumstances under which the complimentary treatment was accepted. Section 18(3) Where a public officer has knowledge that a family member or a relative has accepted a complimentary treatment in the exceptional circumstances contemplated under subsection (1) , the public officer shall, within forty-eight hours of such knowledge, or, if not on duty, within forty-eight hours of resumption of duty, make a declaration of die acceptance, giving sufficient details of the nature of the complimentary treatment accepted, the donor and the circumstances under which it was accepted for purposes of assessment of potential conflict of interest. Section 18(4) A person who contravenes this section commits an offence.

Section 18Verify source

§ 19CONFLICT OF INTEREST - 19. Contracts with public entities prohibitedOffence

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.

Section 19. Contracts with public entities prohibited Section 19(1) A public officer shall not be a party to or beneficiary of a contract for the supply of goods, works or services with his or her reporting entity. Section 19(2) A public officer shall not be a party to or beneficiary of a contract for the disposal of goods with his or her reporting entity. Section 19(3) A public officer shall not, in the exercise of official power, duty or function, award or influence the award of a contract in which the officer has a private interest. Section 19(4) A person who contravenes any provision of this section commits an offence.

Section 19Verify source

§ 20CONFLICT OF INTEREST - 20. Acquisition of interest in partnerships and private companiesOffence

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.

Section 20. Acquisition of interest in partnerships and private companies Section 20(1) A public officer shall not acquire an interest in a partnership, private company or any other legal entity that is a party to a contract with any reporting entity which the partnership, private company or legal entity receives a benefit. Section 20(2) Subsection (1) shall not apply to interests acquired through trading in the regulated financial markets provided that the public officer shall not acquire controlling shares in the entity. Section 20(3) A person who contravenes subsection (1) commits an offence.

Section 20Verify source

§ 21CONFLICT OF INTEREST - 21. Conflict in recruitmentOffence

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.

Section 21. Conflict in recruitment Section 21(1)(a) participate in or influence a recruitment and selection process in which the public officer has a private interest; or Section 21(1)(b) canvass for a candidate in a recruitment and selection process in which the public officer has a private interest. Section 21(2) Subsection (1) shall not apply to appointment of personal staff permitted to the public officer as may be prescribed. Section 21(3) A person who contravenes subsection (1) commits an offence.

Section 21Verify source

§ 22CONFLICT OF INTEREST - 22. Collusion by public officers to conceal conflict of interestOffence

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.

Section 22. Collusion by public officers to conceal conflict of interest Section 22(1) A public officer shall not enter into an arrangement with a public officer of another reporting entity in furtherance of an action which would amount to concealing conflict of interest. Section 22(2) A person who contravenes subsection (1) commits an offence.

Section 22Verify source

§ 23CONFLICT OF INTEREST - 23. Restricted gainful employmentOffence

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.

Section 23. Restricted gainful employment Section 23(1)(a) is inherently incompatible with the official duties of the public officer; Section 23(1)(b) results in the impairment of judgment of the public officer in the execution of official duties; Section 23(1)(c) results in conflict of interest; or Section 23(1)(d) the public officer is mandated to regulate or exercise oversight. Section 23(2) Where a public officer engages in gainful employment which is not prohibited under this Act, the officer shall, within thirty days of taking up the employment, make a declaration of the employment in the prescribed form and register the declaration with the reporting authority and the Commission. Section 23(3) A public officer shall not engage in any other gainful employment without permission from the reporting authority. Section 23(4) A person who contravenes any provision of this section commits an offence.

Section 23Verify source

§ 24CONFLICT OF INTEREST - 24. Register of conflict of interestProvision

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

Section 24. Register of conflict of interest Section 24(1) The reporting authority of a reporting entity shall maintain a register of conflict of interest in the prescribed manner. Section 24(2)(a) contain the particulars of the registrable interests of a public officer set out in the Second Schedule; Section 24(2)(b) state the nature and extent of a conflict; and Section 24(2)(c) be open to the public, subject to the provisions of the Access to Information Act ( Cap. 7M ), for inspection.

Section 24Verify source

§ 25CONFLICT OF INTEREST - 25. Political neutralityOffence

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.

Section 25. Political neutrality Section 25(1)(a) act as an agent for, or further the political interests of a political party or political candidate; Section 25(1)(b) manifest support for or opposition to any political interests of a political party or political candidate; or Section 25(1)(c) engage in political activity that may compromise or be seen to compromise the political neutrality of his or her office. Section 25(2) A person who contravenes subsection (1) commits an offence.

Section 25Verify source

§ 26CONFLICT OF INTEREST - 26. Public collectionsOffence

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.

Section 26. Public collections Section 26(1)(a) solicit for contributions from the public unless the President has, by notice in the Gazette , declared a national disaster and allowed a public collection for the purpose of the national disaster; Section 26(1)(b) participate in collection of funds from the public, either as a collector or promoter in a way that reflects adversely on the integrity and impartiality of the public officer or interferes with the performance of the duties of the public officer; or Section 26(1)(c) use official social media platforms or his or her place of work as a venue for soliciting or collecting funds. Section 26(2) A public officer shall not use his or her official position to solicit funds or coerce any person to contribute towards a private fund collection. Section 26(3) A person who contravenes subsection (1) or subsection (2) commits an offence.

Section 26Verify source

§ 27CONFLICT OF INTEREST - 27. Prohibitions after leaving officeOffence

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.

Section 27. Prohibitions after leaving office Section 27(1)(a) act for or on behalf of any person in connection with any specific proceeding, transaction, negotiation or case in which the State is a party and with respect to which the former public officer had acted for, or provided advice to the State; Section 27(1)(b) be engaged by or act for or against his or her former employer for at least two years after ceasing to be a public officer; Section 27(1)(c) use information obtained in his or her official capacity and which is not available to the public to further the interests of another person or entity; or Section 27(1)(d) accept any appointment to a board of directors of, or employment with, a private entity with which the public officer had significant official dealings during the period of two years immediately preceding the termination of his or her service. Section 27(2) The official dealings referred to in subsection (1)(d) , may be either directly on the part of the public officer or through private affiliations. Section 27(3) A person who contravenes subsection (1) commits an offence.

Section 27Verify source

§ 28CONFLICT OF INTEREST - 28. Prohibition against representing people before reporting entitiesProvision

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.

Section 28. Prohibition against representing people before reporting entities Section A former public officer shall not, during the period of two years immediately after the termination of service represent or defend any person, whether for remuneration or not, before any reporting entity with which the former public officer had direct and significant official dealings.

Section 28Verify source

§ 29CONFLICT OF INTEREST - 29. Exemption of former public officersProvision

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.

Section 29. Exemption of former public officers Section 29(1)(a) the former public officer was not directly involved in decision making in the reporting entity; Section 29(1)(b) the former public officer had no access to important policy information in the reporting entity; or Section 29(1)(c) the former public officer possesses expertise that is rare in the public service. Section 29(2) The Commission shall, within thirty days from the date of the application, in writing, communicate the decision made to the former public officer who applied for the exemption.

Section 29Verify source

§ 8CONFLICT OF INTEREST - 8. Conflict of interestProvision

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.

Section 8. Conflict of interest Section the public officer exercises an official power, duty or function to further his or her private interests or the private interests of another person;

Section 8Verify source

§ 9CONFLICT OF INTEREST - 9. Obligation to avoid conflict of interestProvision

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

Section 9. Obligation to avoid conflict of interest Section take reasonable steps to avoid any real, apparent or potential conflict of interest in connection with the official duties of the public officer; and

Section 9Verify source

Part IV

COMPLIANCE MEASURES

§ 30COMPLIANCE MEASURES - 30. Duty to recuseProvision

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.

Section 30. Duty to recuse Section 30(1) A public officer shall recuse himself or herself from any discussion, decision, debate or vote on any matter in respect of which the public officer would be in conflict of interest. Section 30(2)(a) the recusal shall be recorded in the minutes of the transaction in question; and Section 30(2)(b) a reporting entity shall, within sixty days after a day on which a recusal took place, transmit a declaration of the recusal to the Commission in the prescribed form.

Section 30Verify source

§ 31COMPLIANCE MEASURES - 31. Declaration of income, assets and liabilities by public officersProvision

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 31. Declaration of income, assets and liabilities by public officers Section 31(1) Every public officer shall submit to their responsible Commission a declaration of his or her income, assets and liabilities and the income, assets and liabilities of his or her spouse and dependent children under the age of eighteen years. Section 31(2) The declaration referred to under subsection (1) , shall be in the Form set out in the First Schedule. Section 31(3) Notwithstanding the generality of subsection (1) , a public officer shall in a periodical or final declaration provide information on any material change in, or changes affecting any of the categories of income, assets or liabilities in the schedule of mandatory declarations that have occurred within the two-year period prior to the declaration. Section 31(4)(a) at least twenty-five percent increase or decrease in the value of an income, asset or liability; Section 31(4)(b) the disposal or acquisition of an asset or liability; Section 31(4)(c) changes in marital status; Section 31(4)(d) appointment to or changes in directorships; Section 31(4)(e) changes in membership in companies or partnerships and other legal entities howsoever established; or Section 31(4)(f) changes in membership in social associations, societies, clubs, foundations or trusts.

Section 31Verify source

§ 32COMPLIANCE MEASURES - 32. Determination of responsible CommissionProvision

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

Section 32. Determination of responsible Commission Section 32(1) This section determines what body is the responsible Commission for a public officer for the purposes of this Act. Section 32(2)(a) the Cabinet; Section 32(2)(b) Members of the National Assembly; Section 32(2)(c) the Director of Public Prosecutions; Section 32(2)(d) the Secretary to the Cabinet; Section 32(2)(e) members of the Judicial Service Commission; Section 32(2)(f) members of commissions and independent offices specified under Chapter Fifteen of the Constitution; and Section 32(2)(g) members of the Ethics and Anti-Corruption Commission and staff of the Commission holding the rank of Deputy Director and above. Section 32(3) The committee of the Senate responsible for the ethics of members is the responsible Commission for Senators. Section 32(4)(a) its respective county executive committee; Section 32(4)(b) members of the county assembly; and Section 32(4)(c) members and the secretary of its respective County Public Service Board. Section 32(5)(a) principal secretaries; Section 32(5)(b) high commissioners, ambassadors and diplomatic and consular representatives; Section 32(5)(c) public officers in respect of which it exercises appointive and disciplinary control, including advisors and personal staff; and Section 32(5)(d) public officers who are officers, employees or members of state corporations that are public bodies. Section 32(6)(a) public officers in respect of which it exercises appointive and disciplinary control, including advisors and personal staff; and Section 32(6)(b) public officers who are officers, employees or members of county corporations and entities that are public bodies. Section 32(7) The Judicial Service Commission is the responsible Commission for judges, magistrates and the public officers in respect of which it exercises disciplinary control. Section 32(8) The Parliamentary Service Commission is the responsible Commission for the public officers in respect of which it exercises disciplinary control. Section 32(9) A County Assembly Service Board is the responsible Commission for the public officers in respect of which it exercises disciplinary control. Section 32(10) The Teachers Service Commission established under the Teachers Service Commission Act ( Cap. 212 ) is the responsible Commission for teachers registered under that Act. Section 32(11) The Defence Council established under Article 241(5) of the Constitution is the responsible Commission for members of the Kenya Defence Forces. Section 32(12) The National Intelligence Service Council established under the National Intelligence Service Act ( Cap. 206 ) is the responsible Commission for members of the National Intelligence Service established under that Act. Section 32(13) The National Police Service Commission is the responsible Commission for members of the National Police Service. Section 32(14) The Witness Protection Advisory Board established under the Witness Protection Act shall be the responsible commission for the members of the Witness Protection Agency established under that Act. Section 32(15) The responsible Commission for a public officer for which no responsible Commission is otherwise specified under this section is the commission, committee or other body prescribed by regulations. Section 32(16) A body that is the responsible Commission for a public officer by virtue of exercising disciplinary control over that public officer remains the responsible Commission notwithstanding the delegation of any disciplinary powers with respect to that public officer.

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§ 33COMPLIANCE MEASURES - 33. Certain delegations by Public Service CommissionProvision

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.

Section 33. Certain delegations by Public Service Commission Section 33(1) Subject to subsection (2) , the Public Service Commission may, by notice in the Gazette delegate to another person or body any of its powers and functions in relation to declarations of income, assets and liabilities and enforcement of the code of conduct and with respect to specified classes of public officers over which it is the responsible Commission. Section 33(2) The Public Service Commission may delegate powers and functions only with respect to public officers in a job group below job group “M” or its equivalent.

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§ 34COMPLIANCE MEASURES - 34. Timelines for declarationProvision

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

Section 34. Timelines for declaration Section 34(1) A public officer shall, within thirty days of appointment as a public officer, submit an initial declaration relating to his or her financial affairs for the period of one year prior to appointment. Section 34(2) Every public officer shall, once every two years within the period of service, submit a declaration relating to the financial affairs of the public officer as at first day of November of the declaration year, and such declaration shall be made within the month of December next following. Section 34(3) A public officer shall, within thirty days after ceasing to be a public officer, submit a final declaration relating to his financial affairs as at the date he ceases to be a public officer.

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§ 35COMPLIANCE MEASURES - 35. ClarificationProvision

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 35. Clarification Section 35(1)(a) whether the declaration raises possible issues of conflict of interest; Section 35(1)(b) whether on the face of it, the declaration contains any discrepancy or inconsistency; and Section 35(1)(c) its completeness and correctness. Section 35(2) The responsible Commission may, within six months of receipt of a declaration, request, in writing, for clarification from the public officer who submitted the declaration under section 31 . Section 35(3) A public officer from whom clarification is sought under sub section (2) shall, within thirty days of receipt of the request, provide the clarification to the Commission. Section 35(4)(a) the omitted information be provided; or Section 35(4)(b) any discrepancy or inconsistency, including a discrepancy or inconsistency arising out of the omission, be explained or corrected. Section 35(5) The responsible Commission may verify any information provided in the declaration.

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§ 36COMPLIANCE MEASURES - 36. Access to declarationsProvision

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.

Section 36. Access to declarations Section 36(1) Subject to subsection (2) , the contents of a declaration or clarification under this Act shall be accessible to any person upon application to the responsible Commission in the prescribed manner if the applicant shows to the satisfaction of the responsible Commission that he or she has a legitimate interest and good cause in furtherance of the objectives of this Act, in such declaration or clarification. Section 36(2) Notwithstanding subsection (1) , a law enforcement agency shall, after due process, have access to the disclosures and compliance reports made by a public officer under this Act. Section 36(3) The responsible Commission shall, before making an affirmative decision under this section, grant the affected party an opportunity to make representations on the matter. Section 36(4)(a) publishes or in any way makes public any information obtained under this section without prior permission of the responsible Commission; or Section 36(4)(b) such information was disclosed to himself or herself or to some other person; or Section 36(4)(b)(i) such information was disclosed to himself or herself or to some other person; or Section 36(4)(b)(ii) such information was obtained contravention of this Act,

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§ 37COMPLIANCE MEASURES - 37. Retention of informationProvision

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.

Section 37. Retention of information Section The responsible Commission shall keep information collected under this Act concerning a person for at least five years after the person ceases to be a public officer.

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§ 38COMPLIANCE MEASURES - 38. Failure to submit informationOffence

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

Section 38. Failure to submit information Section A public officer who fails to submit any information required under this Act, within the prescribed period, commits an offence.

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§ 39COMPLIANCE MEASURES - 39. False informationOffence

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.

Section 39. False information Section A public officer who submits information that the public officer knows, or ought to know, is false or misleading, commits an offence.

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§ 40COMPLIANCE MEASURES - 40. Publication of administrative mechanismsCommencement

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.

Section 40. Publication of administrative mechanisms Section The Commission shall, within twelve months after the commencement of this Act, develop and publish in the Gazette, administrative mechanisms for the implementation of the requirements of this Part.

Section 40Verify source

Part V

COMPLAINTS AND CONDUCT OF INVESTIGATIONS

§ 41COMPLAINTS AND CONDUCT OF INVESTIGATIONS - 41. Lodging of complaints and investigationsCommencement

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.

Section 41. Lodging of complaints and investigations Section 41(1) A person who alleges that a public officer has contravened any provision of this Act may lodge a complaint with the reporting authority or the Commission and the report shall be recorded in a register of complaints. Section 41(2) The reporting authority or the Commission may investigate the complaint and determine whether the public officer has contravened this Act. Section 41(3) A reporting authority and the Commission shall not conduct concurrent investigations over the same complaint: Provided that an investigation commenced against a public officer shall be concluded within ninety days. Section 41(4) A reporting authority or the Commission may initiate an investigation on its own volition. Section 41(5) A public officer who is under investigation under this section shall be informed of the allegations made and shall be given a reasonable opportunity to make a representation relating to the issue before the investigation is concluded. Section 41(6) A person who lodges a complaint against a public officer shall be informed of any action taken or to be taken in respect of the complaint. Section 41(7) Where an investigation under this section is initiated while the public officer is in office, the investigations may be continued even after the public officer has ceased to be in office. Section 41(8) The reporting entity or a reporting authority may take disciplinary action against a public officer serving in a reporting entity. Section 41(9) Where a reporting entity is unable to conduct or conclude an investigation against a public officer, the reporting authority may refer the matter to the Commission.

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§ 42COMPLAINTS AND CONDUCT OF INVESTIGATIONS - 42. Discretion in investigationsCommencement

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.

Section 42. Discretion in investigations Section 42(1)(a) the subject matter of the request does not disclose an issue of conflict of interest under this Act; Section 42(1)(b) the subject matter of the request has been adequately dealt with, or could more appropriately be dealt with according to a procedure provided for under another Act of Parliament; or Section 42(1)(c) the substance of the request is frivolous, vexatious or made in bad faith. Section 42(2) If the Commission or a reporting authority declines to commence investigations, the Commission or reporting authority shall inform the person who lodged the complaint and give reasons for the decision.

Section 42Verify source

§ 43COMPLAINTS AND CONDUCT OF INVESTIGATIONS - 43. Suspension from officeProvision

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 43. Suspension from office Section 43(1) Subject to the Constitution and any written law, a public officer may be suspended from office with full pay pending the investigation and determination of allegations made against that officer where such suspension is considered necessary. Section 43(2) Despite subsection (1) , the period of suspension of a State officer or public officer shall not exceed ninety days. Section 43(3) If the Commission or a reporting authority fails to conclude the investigations within ninety days, the investigations shall be deemed to have been concluded at the expiry of the ninety days and the officer shall resume his or her duties. Section 43(4) Despite subsection (3) , a court of competent jurisdiction may make an order extending the period for conducting investigations.

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§ 44COMPLAINTS AND CONDUCT OF INVESTIGATIONS - 44. Recommendations of the CommissionProvision

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

Section 44. Recommendations of the Commission Section 44(1)(a) recommend to a reporting authority to take disciplinary or other administrative action against a State or public officer alleged to have contravened the provisions of this Act; Section 44(1)(b) recommend to a public entity, appointing authority or the public officer, to take such measures as may be appropriate to ensure compliance with, or cessation of further violation of, the provisions of this Act; Section 44(1)(c) recommend to any other relevant public body to take appropriate action against a state or public officer, an associate to a state or public officer or a company in which a state or public officer has a controlling interest in; or Section 44(1)(d) recommend to the Director of Public Prosecutions the prosecution of a person who contravenes this Act. Section 44(2) Where a public entity, appointing authority or public officer fails to implement the recommendations under subsection (1)(a) , (b) or (c) , the Commission may make an application before the High Court for appropriate orders requiring the public entity, authorized officer or public officer to comply.

Section 44Verify source

Part VI

MISCELLANEOUS PROVISIONS

§ 45MISCELLANEOUS PROVISIONS - 45. General penaltyOffence

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.

Section 45. General penalty Section 45(1)(a) if the person is a natural person, a fine not exceeding four million shillings or to a term of imprisonment not exceeding ten years, or to both; or Section 45(1)(b) if the person is a body corporate, a fine not exceeding ten million shillings. Section 45(2) In addition to the penalty under subsection (1) , the person shall be liable to a further mandatory fine if as a result of the conduct that constituted the offence the person received a quantifiable benefit or any other person suffered a quantifiable loss. Section 45(3)(a) the mandatory fine shall be equal to two times the amount of the benefit or loss described in subsection (2) ; or Section 45(3)(b) if the conduct that constituted the offence resulted in both a benefit and loss described in subsection (2) , the mandatory fine shall be equal to two times the sum of the amount of the benefit and the amount of the loss.

Section 45Verify source

§ 46MISCELLANEOUS PROVISIONS - 46. ConfidentialityProvision

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

Section 46. Confidentiality Section essential for the purposes of carrying out of their functions and exercising the powers conferred on them under this Act; or

Section 46Verify source

§ 47MISCELLANEOUS PROVISIONS - 47. Protection of person making disclosureOffence

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.

Section 47. Protection of person making disclosure Section 47(1) A person shall not be penalized in relation to any employment, profession, voluntary work, contract, membership of an organization, the holding of an office or in any other way, as a result of having made or proposed to make a disclosure of information which the person obtained in confidence in the course of that activity, if the disclosure is made in the public interest. Section 47(2) For purposes of subsection (1) , a disclosure which is made to a law enforcement agency or to an appropriate public entity shall be deemed to be made in the public interest. Section 47(3) A person shall make a disclosure under subsection (1) or (2) where such person has reasonable belief in the veracity of the information. Section 47(4) Any person who provides false information maliciously intended to injure another person commits an offence and is liable, on conviction, to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding three years, or to both. Section 47(5) Disclosure of information under subsection (1) and (2) shall be information on conflict of interest. Section 47(6) For the purpose of this section, a person is penalized if the person is dismissed, discriminated against, made the subject of reprisal or other form of adverse treatment or is denied any appointment, promotion or advantage that otherwise would have been provided or any other personnel action provided under the law relating to whistle blower, and the imposition of any such penalty in contravention of this section shall be actionable as a tort.

Section 47Verify source

§ 48MISCELLANEOUS PROVISIONS - 48. Protection from liabilityProvision

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.

Section 48. Protection from liability Section No criminal or civil proceedings shall lie against the Commission or any person acting on behalf of the Commission, for anything done, reported or said in good faith in the exercise of any power, or the performance of any function of the Commission under this Act.

Section 48Verify source

§ 49MISCELLANEOUS PROVISIONS - 49. Reports by reporting entitiesProvision

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

Section 49. Reports by reporting entities Section Every reporting entity shall, within six months after the end of the financial year, file compliance reports with the Commission in the prescribed form.

Section 49Verify source

§ 50MISCELLANEOUS PROVISIONS - 50. RegulationsInterpretation

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

Section 50. Regulations Section 50(1) The Attorney-General may make regulations for the better carrying out the provisions of this Act. Section 50(2)(a) exceptional circumstances under which complimentary treatment may be accepted under this Act; Section 50(2)(b) the mechanism and procedure for the opening, maintaining and publicizing of registers of conflict of interest; and Section 50(2)(c) anything required to be prescribed under this Act. Section 50(3)(a) the purpose and objective of delegation under this section is to enable the Attorney-General to make regulations to provide for the better carrying into effect of this Act and to enable the Commission and the reporting authorities to discharge its functions more effectively; Section 50(3)(b) the authority of the Attorney-General to make regulations under this Act shall be limited to bringing into effect the provisions of this Act and for the fulfilment of the objectives of this Act; and Section 50(3)(c) the principles and standards applicable to the regulations made under this section are those set out in the Interpretation and General Provisions Act ( Cap. 2 ) and the Statutory Instruments Act ( Cap. 2A ).

Section 50Verify source

Part VII

REPEALS, SAVINGS AND TRANSITIONAL PROVISIONS

§ 51REPEALS, SAVINGS AND TRANSITIONAL PROVISIONS - 51. Repeal ofCap. 185BRepeal

The Public Officer Ethics Act is repealed.

Section 51. Repeal ofCap. 185B Section The Public Officer Ethics Act is repealed.

Section 51Verify source

§ 52REPEALS, SAVINGS AND TRANSITIONAL PROVISIONS - 52. Saving and transitional provisionsCommencement

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.

Section 52. Saving and transitional provisions Section 52(1) Any statutory instrument made under the repealed Act shall remain in force, so far as it is not inconsistent with this Act, until it is revoked or repealed by a statutory instrument made under this Act, and shall be deemed for all purposes to have been made under this Act. Section 52(2) Any criminal proceedings commenced under the provisions in the Third Schedule proposed for repeal before the commencement of this Act shall be continued.

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§ 53REPEALS, SAVINGS AND TRANSITIONAL PROVISIONS - 53. Consequential amendmentsRepeal

Section 53. Consequential amendments Section 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 in the manner specified in the Third Schedule.

Section 53Verify source

Legislative relationships

12 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

7 instruments

Access to Information Act
Section 24
Act Sets out the objects (purposes) of the Act
Section 3
Act The Act
Section 4
Act The Ethics and Anti-Corruption Commission administers the Act
Section 5
Act. Section 50. Regulations
Section 50
before the commencement of this Act
Section 52
Commission under this Act
Section 48

G–M

1 instrument

Interest Act, 2025
Section 1

N–S

4 instruments

National Intelligence Service established under that Act
Section 32
ofCap. 185B The Public Officer Ethics Act
Section 51
Public Finance Management Act
Section 2
Public Prosecutions the prosecution of a person who contravenes this Act
Section 44

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