Ruto assents to Conflict of Interest Bill after protracted parliamentary tussle

President William Ruto has officially signed the Conflict of Interest Bill, 2025, into law, closing a long and contentious chapter in Parliament that saw extended debates, mediation, and pushback over several controversial clauses.

The bill, first introduced by Majority Leader Kimani Ichung’wah, was initially passed by the National Assembly in November 2023, then later amended and approved by the Senate in May 2024.

However, differences between the two Houses over certain provisions prompted the formation of a mediation committee.

Even after the mediated version was passed, the President declined to assent, returning the bill with reservations on multiple clauses he considered essential for strengthening integrity within the public service.

The revised bill was eventually passed by both Houses, on June 3 and July 23, respectively, after incorporating the President’s concerns. Ruto gave his assent to the law on Wednesday morning at State House, Nairobi, allowing its provisions to take effect.

The new law repeals the Public Officer Ethics Act and introduces a detailed structure to manage conflicts of interest in government.

It places the Ethics and Anti-Corruption Commission (EACC) in charge of enforcing the law, as provided for under Article 79 of the Constitution, which grants the EACC the mandate to uphold leadership and integrity standards.

Key provisions in the Act prohibit public officers from offering special treatment, accepting job offers that may influence decisions, or engaging in contracts that present a conflict with their official duties. Officers are also barred from holding interests in companies that do business with their departments or working in other jobs that interfere with their public responsibilities.

To increase transparency, public officers must declare their income, assets, and liabilities, along with those of their spouses and children, every two years to their respective oversight bodies. These declarations will be monitored under EACC’s guidance.

The law also introduces a clear process for addressing breaches. Anyone can file a complaint with either the relevant authority or the EACC.

However, the law prevents the same matter from being investigated by both at the same time unless the case is wrapped up within 90 days, ensuring timely outcomes.

Importantly, the law widens the list of public officials required to submit asset declarations to include figures like the Chief Justice, Cabinet Secretaries, and Members of County Assemblies, closing gaps left in the previous legislation.

One of the most divisive aspects of the bill was the definition of conflict of interest.

While the original version included dealings involving relatives and close associates as part of the definition, the Senate removed this, narrowing the scope to focus on situations where a public officer has failed to disclose a personal interest related to their official role.

President Ruto strongly objected to this amendment, insisting that the broader definition, including potential and perceived conflicts, is necessary.

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“The deletion weakens the law. It ignores how public officials use relatives or associates to indirectly benefit from decisions made in office,” the President warned.

In its report, the Senate’s Justice and Legal Affairs Committee disagreed with the President’s position, arguing that including subjective perceptions of conflict would complicate implementation.

“We recommend focusing on tangible and demonstrable conflicts to ensure clarity and effectiveness in governance,” said committee chair Hillary Sigei.

While the Senate agreed to some of the President’s suggestions, specifically on clauses 30, 31 and 35, it rejected others, including clauses 2, 5, 6, 8, 12, 16, 17, 18 and 20.

The proposal to reinstate broader definitions for “family” and “relative” was also rejected.

President Ruto had warned that removing these terms would allow public officers to use their family members as conduits for corrupt dealings, but lawmakers chose to retain the narrower definitions introduced earlier.

With the bill now enacted, it sets a new standard for public ethics by bringing together all conflict-of-interest provisions into a single law.

It is seen as a key step in strengthening accountability across the public sector and tightening oversight on how state officials manage personal interests while in office.