- Public officers who fail to submit wealth declarations on time could have their salaries stopped.
- New EACC rules set deadlines for initial, biennial and final declarations.
- Officers must disclose assets, income and liabilities linked to themselves, spouses and minor dependent children.
- The framework also introduces stricter procedures for conflicts of interest and recusal from official proceedings.
- EACC will receive regular compliance reports from responsible commissions.
Public officers in Kenya now face tougher consequences for failing to declare their income, assets and liabilities within the required timelines. The new mechanisms issued by the Ethics and Anti-Corruption Commission provide responsible commissions with several enforcement options. These include stopping salaries, issuing warnings, initiating disciplinary proceedings and recommending prosecution.
The rules were gazetted on August 18, 2026, under Section 40 of the Conflict of Interest Act. They apply to public officers, reporting entities, reporting authorities and commissions responsible for managing wealth declarations and conflicts of interest. The framework is intended to strengthen accountability across public institutions.
Under the new system, failure to receive a reminder or declaration form from a responsible commission will not excuse an officer from complying. Public officers remain responsible for ensuring their declarations are submitted within the prescribed periods. This means officers cannot rely on administrative delays to avoid their legal obligations.
Public officers must now follow three key timelines depending on their circumstances. A person appointed to public office is required to submit an initial declaration within 30 days of taking up the position. Biennial declarations must then be submitted by December 31 every other year.
A final declaration is also required when an officer leaves public office. The filing must be completed within 30 days of departure. The rules specifically address elected and appointed officials to ensure that leaving office does not bring an end to their wealth declaration responsibilities.
Elected officials must submit a final declaration when their term expires, even if they intend to contest the next election. Appointed officers are also required to make a final declaration when their appointment ends unless the appointment is renewed.
The declaration requirements extend beyond an officer’s personal finances. Public officers must provide details of their income, assets and liabilities, including those belonging to their spouses and dependent children below the age of 18. Assets and interests held jointly with other people or entities must also be disclosed.
The rules also cover wealth held outside Kenya. An officer must declare relevant foreign assets, liabilities and income alongside interests held jointly with another person or organisation. The requirements apply even when officers are on leave, facing disciplinary proceedings, serving overseas or on secondment.
Where both spouses are public officers, each person must make an individual declaration to their respective responsible commission. Officers serving under more than one responsible commission must also submit separate declarations to each institution.
One of the most significant changes is the range of enforcement measures available to responsible commissions. An officer who fails to file a declaration can receive a notice requiring compliance or a formal warning. The commission can also stop the officer’s salary until the declaration has been submitted.
Further action may include disciplinary proceedings or other administrative measures. Responsible commissions can also recommend prosecution where circumstances warrant it. The new framework therefore gives institutions more tools to ensure that wealth declarations are not treated as a routine paperwork exercise.
Commissions can establish committees to oversee the process and appoint officers to help administer the declaration system. They may also send reminders at least 30 days before a deadline. However, failing to send such a reminder does not remove the officer’s responsibility to file.
The new framework also sets out what public officers must do when personal interests could affect their official responsibilities. An officer who becomes aware of a real, apparent or potential conflict must declare it before taking part in the relevant discussion, decision, debate or vote.
If the conflict only becomes apparent after proceedings have started, the officer must disclose it immediately. The officer is then expected to recuse themselves from the matter. The recusal must be captured in the official minutes.
Recusal can take different forms depending on the circumstances. An officer may be required to leave the meeting, avoid attending the relevant proceedings or refrain from contributing to discussions and debates on the affected agenda item.
The responsibility does not end when an officer declares a conflict. The reporting authority must submit details of the recusal to EACC within 60 days. The information should identify the officer, explain the conflict and indicate how the officer removed themselves from the proceedings.
An officer who is unsure about how to handle a potential conflict can seek guidance from the relevant reporting authority or the person chairing the proceedings. Any guidance provided must also be recorded in the official minutes.
EACC may establish an online platform for submitting recusal declarations. The commission can also issue further guidance to public officers, reporting entities and reporting authorities on how individual cases should be handled.
The rules also establish procedures for accessing information contained in wealth declarations. A responsible commission must notify the officer concerned before approving an application for access. The officer then gets seven days to make representations on the request.
Applications for access must be determined within 30 days. Public officers can access their own declarations within 14 days, while law enforcement agencies can obtain access within 14 days after submitting a written request.
Where access is granted, only the information covered by the approved request should be released. The original declaration must remain securely retained unless another legal requirement provides otherwise. Responsible commissions must also maintain a register showing access requests and the decisions made.
The new rules allow responsible commissions to increasingly rely on digital platforms to manage the declaration process. Online systems can be used to receive declarations, send reminders, check submitted information and identify discrepancies or possible conflicts of interest.
Technology may also be used to process requests for access and securely store declarations. Electronic submissions will remain valid even without a physical signature, acknowledgement stamp or receipt.
Responsible commissions will also be required to submit compliance reports to EACC by July 31. These reports will cover compliance levels, cases where officers failed to comply, action taken against non-compliant officers and any clarifications requested during the process.
The mechanisms come as Kenya continues strengthening systems designed to promote integrity and accountability in public institutions. The expanded rules give responsible commissions a clearer framework for monitoring wealth declarations and dealing with conflicts of interest.
For public officers, the message is clear. Missing a wealth declaration deadline can now have financial and disciplinary consequences, while serious cases may also result in prosecution. The new system also places greater emphasis on documenting conflicts and ensuring officers do not participate in matters where their private interests could influence official decisions.
With digital filing, stronger monitoring and more enforcement options now available, public officers will be expected to keep their declarations up to date. The effectiveness of the framework will ultimately depend on how consistently responsible commissions enforce the rules across government institutions.
