Kenyan public officials face more scrutiny and enhanced penalties under the Conflict of Interest Act, 2025 that replaces the Public Officer Ethics Act of 2003.
The law came into force on August 19 and comes with jail terms of up to 10 years and fines of up to Sh10 million.
It, however, remains to be seen whether the enhancements will bear fruit among State officials who have been accused of failing to implement government positions targeting enhanced service delivery.
In a statement on July 24 this year, Felix Koskei, the head of public service accused public officers, including principal secretaries and other top government workers of not taking corrective measures to resuscitate service delivery.
Koskei said there was loss of public trust, “inexplicable loss and wastage of public funds and resources” while public service is now marked by delivery of “substandard” goods and services in terms of timelines, quality and quantity.
In a statement released this week, the Ethics and Anti-Corruption Commission (EACC) confirmed that the law that was assented to on July 30 has been operationalised.
The EACC says the implementation of “this law marks a major milestone in the fight against corruption and unethical practices in Kenya.”
It introduces stricter rules for managing conflict of interest and the mandatory Declaration of Income, Assets and Liabilities for State officers and public servants.
Under the new rules, public officers are required to declare their income, assets and liabilities within 30 days of joining public service, every two years, and within 30 days after exiting public service.
Unlike the previous Public Officer Ethics Act that prohibited conflict of interest without strong consequences, the new law makes such violations a criminal offence.
Under the Act, individual offenders now face fines of up to Sh4 million, imprisonment for up to 10 years, or both. The law also imposes a mandatory penalty equal to twice the amount of any benefit obtained through the violation. Corporate bodies involved in such misconduct can face fines of up to Sh10 million.
The Act establishes a structured system for monitoring and verifying wealth declarations by public officers. It prohibits State officers from doing business with the government agencies they work for and bars them from holding shares or interests in companies that have contracts with public institutions or receive public benefits.
Public officials are also required to declare any situation that may create a conflict. “To enhance transparency and accountability, the law requires serving State and public officers to continuously make declarations on all circumstances that may amount to a conflict between their private engagements and public duty.”
