Public Officers Face Sh4 Million Fine or 10-Year Jail Term for Missing Asset Declarations
State and public officers now stand to face severe penalties for failing to submit their mandatory declarations of income, assets, and liabilities. Under the freshly enacted Conflict-of-Interest Act, non-compliance could result in a hefty fine of up to Sh4 million, a prison sentence of up to 10 years, or both. This deadline looms large, with submissions due by December 31 for the current two-year cycle covering 2025.
The Ethics and Anti-Corruption Commission has issued a firm reminder to all affected officers: the declaration window opened on November 1, and it is each individual's personal duty to ensure their forms are complete, accurate, and truthful. These declarations must encompass not only the officer's own financial details but also those of their spouse and any children under the age of 18. This comprehensive approach leaves little room for oversight, as the law emphasizes full transparency to prevent any undue influence from private interests on official responsibilities.
At its core, the Conflict-of-Interest Act redefines how public servants navigate the intersection of their professional duties and personal finances. It explicitly describes a conflict of interest as any situation where an officer's private capacities could improperly sway their performance in public roles. To broaden its reach, the legislation expands the notion of family to include a spouse, dependent children or parents of the officer, dependent children of the spouse, and even parents of the spouse. This ensures that familial financial ties are scrutinized alongside the officer's own.
A key shift introduced by this act is the requirement for newly appointed officers to relinquish private practices entirely, channeling their full time, energy, and attention into public service. Officers are obligated to proactively identify and disclose any real, apparent, or potential conflicts arising from private interests that might impact their work. Beyond initial filings, they must report any significant changes to their income, assets, or liabilities throughout the cycle.
The act has overhauled several existing frameworks, effectively replacing the Public Officers Ethics Act while amending the Leadership and Integrity Act, the EACC Act, and the Anti-Corruption and Economic Crimes Act. These updates streamline enforcement and close previous loopholes, positioning the EACC as the central authority for administration, regulation development, and procedural guidelines. This empowers the commission to clarify implementation details and hold violators accountable under Section 45, which spells out the fines and imprisonment for breaches.
Filing itself follows a structured path: declarations are submitted to the EACC via designated government agencies or responsible commissions, such as those overseeing disciplinary matters for specific officers. Even if disciplinary powers are delegated, the original commission retains oversight. Where no commission is assigned, regulations will designate an appropriate body to step in.
Responsible commissions play a pivotal role post-submission. They must compile and forward compliance reports to the EACC by July 31, 2026, using standardized templates. These reports will highlight any undeclared or unexplained assets, potentially leading to forfeiture proceedings. Additionally, commissions are tasked with reviewing submissions for completeness, accuracy, conflicts, or inconsistencies. Starting January 1, 2026, they have a six-month window to request clarifications from declarants on any omissions or discrepancies.
Access to these declarations is tightly controlled yet accessible when justified. Commissions handle requests from individuals or law enforcement agencies, balancing transparency with safeguards against misuse. This mechanism ensures that public scrutiny can occur without compromising privacy or enabling abuse.
As Kenya continues its push for a corruption-free public service, this act serves as both a shield against graft and a litmus test for integrity. With the year-end deadline approaching, officers are urged to act swiftly, recognizing that adherence is not just a legal obligation but a cornerstone of ethical governance. Failure to comply could not only invite personal ruin but also undermine the trust essential to effective public administration. Stay informed and compliant, as transparency today builds a stronger tomorrow for all Kenyans