Conflict of Interest Act

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

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;...

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

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

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

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 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 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 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 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 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 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 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 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 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 g...

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

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 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 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 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 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 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 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 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 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 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 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 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 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 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 howsoe...

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 wh...

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.

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.

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.

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...

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.

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.

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.

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 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 inves...

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 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.

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 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 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 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...

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 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 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 ).