EACC sets new rules on wealth declarations for public officers

The Ethics and Anti-Corruption Commission (EACC) has introduced new administrative mechanisms detailing how public officers will declare their income, assets, and liabilities and manage conflicts of interest under the Conflict of Interest Act, 2025.

The rules, contained in a gazette notice published on Tuesday, August 18, provide fresh procedures for public officers to declare conflicts and withdraw from government decisions where they have a personal interest.

Under the new rules, a public officer must declare a real, apparent or potential conflict of interest before or during a discussion, decision, debate or vote where the conflict arises.

An officer who declares a conflict must recuse themselves from the matter, either by physically leaving the discussion or refraining from contributing to the debate or vote.

The reporting authority must then transmit details of the recusal to EACC within 60 days, including the officer’s details, the nature of the conflict and the manner in which the officer recused themselves.

The new mechanisms also set out requirements for wealth declarations, with public officers required to declare their income, assets and liabilities, including those of their spouse or spouses and dependent children below the age of 18.

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The declaration must also cover income, assets and liabilities held outside Kenya as well as jointly held property, with officers required to indicate the share or interest attributable to them.

Additionally, a public officer must make an initial declaration within 30 days of appointment, while biennial declarations must be submitted on or before December 31 every other year, as provided for under the Act.

The rules further require public officers leaving office to submit final declarations within 30 days of ceasing to be public officers.

At the same time, elected officials must make the declaration when their term ends even if they intend to seek re-election.

The requirements will apply to state and public officers on leave, under disciplinary action, on secondment, or on overseas assignments, unless the Attorney General grants a specific exemption through a gazette notice, according to the anti-graft agency.

“The obligation to make a declaration applies to all state and public officers, including those on leave, under disciplinary action, secondment, and overseas assignments,” the administrative mechanisms state.

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