Over 30 civil servants face probe over suspicious increases in their assets

Over 30 civil servants are being investigated for accumulating unexplained wealth after the Public Service Commission (PSC) flagged suspicious increases in their assets for the financial year ending June 2024.

The PSC, in its latest report, has disclosed that it has handed over the financial records of 32 unnamed public officers to investigative bodies, including the Kenya Revenue Authority (KRA), the Ethics and Anti-Corruption Commission (EACC), the Asset Recovery Agency, and the Directorate of Criminal Investigations for further scrutiny.

“The commission released 32 wealth declaration records to investigating agencies to aid investigations on illicit enrichment and unexplained wealth of some public officers under investigation,” reads the report.

The revelations come as thousands of public servants failed to comply with mandatory wealth declaration regulations.

The PSC reported receiving declarations from 282 of the 294 public institutions, accounting for 218,796 employees. However, 3,685 public officers did not submit their records.

Nine state corporations and semi-autonomous government agencies, along with three statutory commissions and authorities, were among those whose staff failed to declare their wealth. These include the Kenya Industrial Estate, the Nairobi International Financial Centre Authority, the Independent Policing Oversight Authority (IPOA), the Office of the Director of Public Prosecutions (ODPP), the Office of the Registrar of Political Parties (ORPP), Mama Ngina University College, and the National Defence University-Kenya.

Income declaration

Under the Public Officer Ethics Act of 2003, all public officers are required to declare their income, assets, and liabilities, along with those of their spouses and dependent children under 18 years old. Declarations must be submitted within one month of joining the public service, every two years during service, and within 30 days of leaving.

Despite an overall compliance rate of 98.7 per cent among public servants for the biennial declarations, the PSC noted significant gaps. Only 54.1 per cent of employees who joined the public service during the review period submitted their declarations.

Compliance was even lower for exiting officers, with just 29.8 per cent of the 2,510 employees who left public service in the year under review filing their final declarations.

The PSC highlighted the critical role of wealth declarations in promoting transparency, accountability, and managing conflicts of interest. However, it warned that non-compliance, particularly at entry and exit points, hampers the ability of agencies like KRA and EACC to monitor the authenticity of wealth accumulation over time.

Administrative guidelines by the PSC mandate disciplinary action against public officers who fail to comply with declaration requirements.

A 2019 report by the EACC identified fear of victimisation by investigative agencies and ignorance of the regulations as the primary reasons for non-compliance among public servants.

In its report, PSC recommended that all public institutions should sensitise staff on financial disclosures as part of their regular integrity training and sensitisation by June 30, 2025.

It also noted that all public institutions with officers who failed to comply with the requirement to file financial disclosures to take administrative disciplinary action by June 30, 2025.

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EACC has also been urged to clarify to the service the number and particulars of designated responsible commissions under the Public Officer Ethics Act, 2003 by June 30, 2025.