📘 Kenya’s Conflict of Interest Bill, 2023 Becomes Law
— A Comprehensive Framework for Ethical Public Service Starts in 2025
Date: July 31, 2025 | Street.co.ke
Presidential Assent and Legislative Journey
On July 30, 2025, President William Ruto signed the Conflict of Interest Bill, 2023 into law, consolidating all conflict-of-interest regulations under one Act and repealing the old Public Officer Ethics Act (Cap. 185B). It also grants the Ethics and Anti‑Corruption Commission (EACC) full oversight over compliance, in line with its Constitutional mandate under Article 79.
The Bill was originally passed by the National Assembly on 30 November 2023, followed by Senate amendments on 28 May 2024. A Mediation Committee aligned the Houses, approving the final version on 5 December 2024 (National Assembly) and 8 April 2025 (Senate). The President’s reservations were subsequently accommodated in further votes held on 3 June 2025 (National Assembly) and 23 July 2025 (Senate) Parliament of Kenya.
What the Law Covers 🌐
🧾 Expanded Oversight Role for EACC
The Act designates the EACC to administer, enforce, and oversee conflict-of-interest compliance across all public officers. This includes verification, guidelines, investigations, and forfeiture proceedings for undeclared or unexplained assets.
✅ Clearer Conflict Definitions
Under Clause 8, conflict is defined as situations where a public officer’s private interest—current or future—or that of a family member, relative, or associate, impairs or could reasonably be perceived to impair public duties.
🛑 Prohibitions & Obligations
- No preferential treatment: Public officers must not give undue advantage beyond what law permits.
- Outside employment rules: Gainful employment or business interests that could influence official duties are prohibited unless declared and approved.
- Gift and hospitality limits: Declared within 48 hours if accepted, even by relatives or family, and registered accordingly.
- Contracts and ownership restrictions: No involvement in contracts with their own reporting entities or investments in entities under their oversight.
🔎 Compliance Measures
- Duty to recuse: Officers must formally recuse themselves from decisions where they are conflicted. Such decisions are recorded and declarations filed.
- Financial disclosures: Upon appointment, then biennially, public officers (including spouses and dependents) must declare income, assets, liabilities, and any material changes (e.g. ±25% asset value movement, new directorships).
- Registers: Entities are required to maintain public conflict‑of‑interest registers that outline extent and nature of each officer’s known interests.
🚨 Enforcement & Sanctions
Non-compliance, false declarations, or concealment may incur penalties including fines (up to twice the value of the undue benefit or loss), disciplinary action, and potential criminal charges.
Why It Matters
The Conflict of Interest Act, 2023 marks the most significant legal overhaul targeting ethical conduct in Kenya’s public service. By harmonizing conflict-of-interest rules in one statute and empowering the EACC with broad investigative and enforcement authority, the law reinforces transparency, curbs impropriety, and strengthens institutional integrity.
It transcends previous limitations by expanding scope—covering indirect interests and extending declaration duties—and closing gaps used for concealment. This builds a more accountable governance structure that aligns with Kenya’s constitutional values.
What to Expect Next
- Implementation Phase: EACC will develop regulations, advisory guidelines, and training for public institutions.
- Digital Disclosure Platform: Centralized registry and public access to declaration filings (subject to legitimate interest).
- Ongoing Oversight: Civil society and media expected to monitor declarations and enforcement rigorously.
📌 Quick Facts Table
| Feature | Key Highlights |
|---|---|
| Repealed Law | Public Officer Ethics Act (Cap. 185B) |
| Administered by | Ethics & Anti-Corruption Commission (EACC) |
| Who Must Comply | All public officers, including spouse & dependents |
| Conflict Defined As | Private interests (present/future) impairing official duties |
| Disclosure Obligations | Financial declarations upon appointment, then biennial + material changes |
| Gifts & Employment Rules | Mandatory declarations within 48 hours; approvals needed for outside work |
| Recusal Requirements | Formal recusal for conflicting decisions with recorded declarations |
| Sanctions for Breach | Fines (e.g. 2× benefit value), disciplinary/risk of criminal charges |
Bottom line: With the enactment of this law, Kenya embarks on a watershed moment in public ethics reform. The Conflict of Interest Bill, 2023, lays a solid legal and institutional foundation to deter misuse of power and boost confidence in public governance.