EACC has gazetted new administrative mechanisms under the Conflict of Interest Act, 2025, detailing how public officers must declare wealth, disclose conflicts and recuse themselves from decisions.
The Ethics and Anti-Corruption Commission (EACC) has introduced new administrative mechanisms detailing how public officers will declare their income, assets and liabilities, and manage conflicts of interest under the Conflict of Interest Act, 2025.
The rules, contained in a gazette notice published on Tuesday, August 18, and signed by EACC Chairperson David Oginde and Chief Executive Officer Abdi Mohamud, set out fresh procedures for public officers to declare conflicts and withdraw from government decisions where they have a personal interest.
Under the new rules, a public officer must declare a real, apparent or potential conflict of interest before or during a discussion, decision, debate or vote where the conflict arises. An officer who declares a conflict must then recuse themselves from the matter, either by physically leaving the discussion or refraining from contributing to the debate or vote.
The reporting authority is required to transmit details of the recusal to EACC within 60 days, including the officer's details, the nature of the conflict, and the manner in which the officer recused themselves.
The mechanisms also set out detailed requirements for wealth declarations. Public officers must declare their income, assets and liabilities, including those of their spouse or spouses and dependent children below the age of 18. Notably, the declaration also covers income, assets and liabilities held outside Kenya, as well as jointly held property, with officers required to indicate the share or interest attributable to them.
A public officer must make an initial declaration within 30 days of appointment, while biennial declarations must be submitted on or before December 31 every other year, as provided for under the Act. Officers leaving public service must submit final declarations within 30 days of ceasing to hold office, and elected officials must file a declaration when their term ends, even if they intend to seek re-election.
The requirements extend to state and public officers on leave, under disciplinary action, on secondment, or on overseas assignments, unless the Attorney General grants a specific exemption through a gazette notice. "The obligation to make a declaration applies to all state and public officers, including those on leave, under disciplinary action, secondment, and overseas assignments," the administrative mechanisms state.
Officers who fail to comply with the prescribed declaration timelines risk facing a range of administrative sanctions, including a notice to comply, a formal warning, stoppage of salary pending compliance, or disciplinary proceedings. The measures are aimed at strengthening enforcement of the two-year-old law, which consolidated Kenya's conflict-of-interest framework and replaced the now-repealed Public Officer Ethics Act.