Public officers face Sh4 million fine or 10-year jail term for missing asset declarations
EACC Chief Executive Officer Abdi Mohamud said officers are reminded that the two-year declaration cycle for 2025 opened on November 1 and will close on December 31.
State and public officers now risk a Sh4 million fine or up to 10 years in jail if they fail to submit their income, assets and liabilities declarations by the December 31 deadline under the new Conflict-of-Interest Act.
According to the Ethics and Anti-Corruption Commission (EACC), the law, which aims to tackle corruption and ensure transparency in the public service, requires officers to fill and submit declarations covering their own income, assets and liabilities, as well as those of their spouses and children under 18.
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EACC Chief Executive Officer Abdi Mohamud said officers are reminded that the two-year declaration cycle for 2025 opened on November 1 and will close on December 31.
“Filing and submission of the declarations is a personal responsibility of the state or public officer, who also takes responsibility for the completeness, accuracy and truthfulness of the information,” reads the notice.
"Section 45 of the Act provides that anyone who violates the law may face a fine of up to Sh4 million, a prison term not exceeding 10 years, or both. The EACC is mandated to administer and enforce the law and develop regulations and administrative procedures, which are expected to provide clarity on the implementation of the requirements under the Act”.
The law repealed the Public Officers Ethics Act and introduced changes to the Leadership and Integrity Act, the EACC Act and the Anti-Corruption and Economic Crimes Act. It defines conflict of interest as “a conflict between the public duty and private interests of a public official, in which the public official has private capacity interests that could improperly influence the performance of his or her official duties and responsibilities.”
It further defines family to include a spouse, a dependent child or parent of a public officer, a dependent child of the spouse and a parent of the spouse of a public officer.
Kenyans assuming state or public appointments are required to give up private practice and devote their full time, energy and focus to public duties. Public officers must take responsibility to avoid any real, apparent, or potential conflict of interest in connection with their duties and disclose any private interests that affect their official responsibilities.
Section 32 of the Act stipulates that declarations must be filed with the EACC through government agencies prescribed as responsible commissions. The commissions are required to submit compliance reports to the EACC by July 31, 2026, in a prescribed template and advise on the forfeiture of undeclared or unexplained assets.
Where no responsible commission is specified for a public officer, the law provides that the “commission, committee or other body prescribed by regulations” will act as the responsible commission. The law also notes that “a body that is the responsible commission for a public officer by virtue of exercising disciplinary control over that officer remains the responsible commission notwithstanding the delegation of any disciplinary powers with respect to that officer.”
Beyond income, assets and liabilities, officers are required to declare any material changes affecting any of these categories. Responsible commissions must analyse declarations to determine completeness, correctness, potential conflicts of interest, or any discrepancies.
“Within six months from January 1, 2026, the responsible commission shall be required to seek clarification from the declarant on information that may have been omitted or to explain discrepancies or inconsistencies in the declaration,” reads the notice.
The commissions are also responsible for processing requests for access to declarations by any person or law enforcement agency, while ensuring that such access is not abused.
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