On July 30, 2025, Kenya enacted the Conflict of Interest Act, 2025, a groundbreaking law aimed at strengthening ethical standards in public service by providing a comprehensive framework for managing and regulating conflict of interest situations among public officers.
Purpose and Objectives
The Act is anchored in the constitutional principle that public officers must perform their duties with integrity, impartiality, and in the public interest without being unduly influenced by private interests. Its main objectives are to:
Promote objectivity and impartiality in official decision-making, Prevent situations where private interests could impair the performance of official duties, Enhance public confidence in public institutions by ensuring transparent management of conflicts, Establish institutional and procedural frameworks to detect, disclose, and address conflicts of interest effectively, Strengthen accountability and reduce corruption risks in public service. Key Provisions and Features
Expanded Definition of Conflict of Interest The Act defines conflict of interest broadly to include situations where a public officer’s private interests, or those of their family, relatives, or associates, could reasonably be perceived as impairing their objectivity or ability to act in the public interest. Notably, the definition accounts not only for actual conflicts but also for potential or future conflicts and situations where private interests might reasonably influence official duties. This expansion is intended to close common loopholes used to circumvent accountability.
Duty to Disclose and Manage Conflicts The Act imposes mandatory obligations on public officers to:
Disclose any conflict of interest promptly, Declare interests of family members and relatives, including gifts or complimentary treatment received, within 48 hours of knowledge or upon resuming duty, Recuse themselves from decision-making or deliberations where a conflict exists, Maintain transparent asset declarations, with the definition of “material change” broadened to include significant fluctuations in asset values, changes in directorships, marital status, or property holdings. Failure to comply is a serious offence under the law.
Role and Powers of the Ethics and Anti-Corruption Commission (EACC) The Act empowers the EACC as the main enforcement authority with enhanced functions:
Investigate and verify disclosed interests, Conduct inquiries into potential conflicts, Institute legal proceedings, including forfeiture of undeclared or unexplained assets, Issue compliance orders and publish administrative mechanisms, Provide guidance and advisory opinions on managing conflict of interest, Conduct public awareness campaigns to sensitize public officers and the citizenry on ethical standards. The EACC is given investigative powers such as summoning witnesses and requiring documentary evidence necessary for enforcement.
Regulation of Gifts, Benefits, and Outside Employment Public officers must report any gifts, benefits, or offers of outside employment that might create conflicts or the appearance thereof. There are strict rules governing:
Receiving gifts or complimentary treatment directly or via family members, Registering gifts publicly, Prohibitions on entering contracts with public entities where there might be conflicts, Restrictions on engaging in gainful employment outside official duties without prior disclosure and approval. Post-Employment Restrictions The Act places limits on former public officers’ activities, including representing others before government entities for a specified period after leaving office, ensuring they do not exploit insider knowledge or induce undue influence.
Complaints, Compliance Measures, and Penalties The law provides mechanisms for lodging complaints, investigating breaches, and instituting disciplinary or criminal proceedings. Penalties for violations include fines and potential imprisonment. The Act also safeguards whistleblowers against retaliation and ensures confidentiality where appropriate.
Significance and Impact
The Conflict of Interest Act, 2025, is a pivotal instrument advancing transparency and ethical conduct in Kenya’s public sector. It remedies gaps in earlier legislation by:
Widening accountability beyond immediate family to associates, preventing concealment of conflicting interests, Tightening disclosure and reporting timelines, Empowering the EACC with stronger investigative and enforcement powers, Protecting public office from undue private influence and fostering greater public trust in government institutions. The Act aligns with international good practices on ethical governance and anti-corruption, signaling Kenya’s commitment to robust public sector integrity reforms.
Challenges and Considerations
Effective implementation will require capacity building within the EACC and among public officers, Ongoing public education to ensure awareness and compliance, Vigilant enforcement to deter violations and enhance accountability, Coordination with other laws regulating public service and procurement to create a coherent ethics framework. Conclusion
With the signing into law of the Conflict of Interest Act, 2025, Kenya sets a new standard for managing conflicts of interest in public service. By broadening definitions, enforcing strict disclosure, and empowering oversight bodies, the Act aims to safeguard integrity, promote fair governance, and restore confidence in public institutions. It represents a significant step toward realizing good governance and combating corruption in Kenya.
