Kenya’s Conflict of Interest Law, 2025: A New Era of Accountability

30/07/2025

Kenya has taken a bold step towards strengthening integrity and transparency in public service. On July 30, 2025, President William Ruto officially signed into law the Conflict of Interest Bill, alongside the Social Protection Bill—marking a pivotal moment in the country’s anti-corruption and governance reforms.

From Bill to Law

The Conflict of Interest Bill was first introduced in 2023 and passed by the National Assembly in November 2023. After amendments by the Senate, the bill underwent a mediation process, with both Houses eventually approving the final version in June (NA) and July (Senate) 2025.

This Act repeals the outdated Public Officer Ethics Act of 2003, replacing it with a more robust framework under the new Conflict of Interest Act, 2025—tailored to address modern challenges in public accountability.

What Does the Conflict of Interest Act Do?

  1. Strengthens the EACC’s Oversight Powers
  • Grants the Ethics and Anti-Corruption Commission (EACC) full authority to enforce Chapter Six of the Constitution.
  • EACC now has the power to initiate asset forfeiture proceedings against public officers who fail to declare or explain their wealth.
  1. Introduces Clear Conflict-of-Interest Provisions
  • Public officials are prohibited from awarding contracts to themselves, family members, or entities they have a stake in.
  • The law bans public officers from engaging in side jobs that conflict with their official duties.
  • Officers must declare any personal interest in matters under their authority and recuse themselves from decision-making.
  1. Enforces Transparency Through Declarations
  • All public officers must submit biennial declarations of income, assets, and liabilities (IALs), including details of their spouses and dependents.
  • Senior government officials such as the Chief Justice, Cabinet Secretaries, and Members of County Assemblies are now explicitly required to comply.
  • Introduces a 90-day time limit for investigations and prevents overlapping investigations by multiple agencies.

Presidential Influence

In May 2025, President Ruto declined to assent to the earlier version of the Bill, citing concerns such as:

  • Ambiguity around gift disclosures
  • Vague definitions of “family” and “undeclared assets”
  • Unclear enforcement mandates

His proposed amendments were accepted by Parliament and significantly strengthened the EACC’s role, enhancing clarity and accountability.

Civil Society & Public Pressure

The Bill’s passage didn’t come without resistance. Amendments made by the Senate were widely criticized by civil society organizations, especially Transparency International – Kenya, which argued the changes watered down anti-corruption safeguards.

An outcry from the public, fueled by social media activism and youth-led campaigns, pressured lawmakers to restore the Bill’s original intent. This showed the power of citizen engagement in shaping Kenya’s legal landscape.

Why the Conflict of Interest Act Matters

  • Promotes Ethical Leadership

This law aligns with Chapter Six of the Constitution and reinforces the principle of public trust in governance.

  • Closes Corruption Loopholes

Clear definitions of gift-giving, family interests, and indirect influence prevent exploitation of grey areas by unscrupulous officials.

  • Boosts Global Reputation

The legislation is a key step in Kenya’s efforts to exit the FATF grey list, thereby increasing the country’s attractiveness to foreign investors and development partners.

Challenges & The Road Ahead

  • Enforcement Is Key

While the law is comprehensive, its success will depend on the independence and vigilance of the EACC, judiciary, and civil society.

  • Time Constraints

The 90-day limit for investigations could be problematic in complex corruption cases, potentially affecting the depth of inquiry.

  • Embracing Digital Transparency

Government institutions must adopt digital platforms for asset declarations, complaints, and audits to enhance public visibility and accountability.

Lastly, the Conflict of Interest Act, 2025 represents a landmark reform in Kenya’s governance framework. It sends a clear message: public office is a public trust, not a platform for personal enrichment.

As Kenya continues its journey towards ethical governance, this law lays a strong foundation for transparency, justice, and public confidence in state institutions.