The Ethics and Anti-Corruption Commission (EACC) has formally announced the commencement of the Conflict of Interest Act, 2025, a landmark piece of legislation aimed at strengthening integrity, transparency, and accountability within Kenya’s public service.
The Act, which was assented to by His Excellency the President on 30th July 2025, officially comes into effect on 19th August 2025.
It repeals the Public Officer Ethics Act of 2003 and introduces comprehensive measures for the management and regulation of conflict of interest, along with a robust framework for the Declaration of Income, Assets, and Liabilities (DIALs) by public officials.
Established under Section 3 of the Ethics and Anti-Corruption Commission Act, 2011 pursuant to Article 79 of the Constitution, the EACC is mandated to enforce the new law.
Key Highlights of the Conflict of Interest Act, 2025:
The Act brings together scattered provisions on conflict of interest that previously existed in various laws, many of which lacked enforceable penalties.
Violations related to conflict of interest and DIALs now attract significant penalties, including a fine not exceeding Sh 4 million, or imprisonment for a term not exceeding 10 years, or both. Additionally, a mandatory fine equivalent to twice the value of the benefit gained or loss caused will be imposed.
For corporate bodies, fines may reach up to Sh 10 million.
The Act mandates the establishment of clear systems within reporting entities for managing both conflict of interest and DIALs.
It provides for the verification of asset declarations and the forfeiture of unexplained or undeclared wealth, reinforcing efforts to curb illicit enrichment.
The law expands the category of individuals and entities required to declare assets and be monitored for potential conflicts.
Public officers are prohibited from trading with their employers or holding interests in legal entities that do business with public institutions.
All state and public officers must declare their income, assets, and liabilities within 30 days of joining public service, every two years during their service, and within 30 days after exiting public service.
These declarations will be verified by responsible commissions to ensure accuracy and accountability.
Serving public officers must now disclose any personal or external activities that could result in actual, perceived, or future conflicts with their official duties.
The EACC has pledged to intensify public education on the law, conduct capacity-building initiatives, and support reporting entities in setting up the necessary structures for implementation.
The Commission also emphasized its oversight role in ensuring that public offices comply fully with the new regulations.
This legislation marks a significant milestone in Kenya’s anti-corruption efforts, closing longstanding legal loopholes and signaling a tougher stance on unethical conduct within public service.
The EACC urges all state and public officers, responsible commissions, and reporting entities to familiarize themselves with the new law and to ensure full and timely compliance.
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