The Ethics and Anti-Corruption Commission (EACC) has proposed tougher enforcement measures that could see public officers who fail to declare their wealth have their salaries withheld until they comply. The move is part of efforts to strengthen transparency, accountability and integrity in Kenya’s public service.
The proposed regulations are intended to operationalize the Conflict of Interest Act, 2025, which requires all State and public officers to submit declarations of their income, assets and liabilities every two years. Officers must also file declarations within 30 days of assuming or leaving public office.
If approved, the regulations will empower the EACC to suspend salaries of non-compliant officers, issue compliance notices, administer formal warnings and recommend disciplinary action. These administrative sanctions are expected to complement existing criminal penalties, which include fines of up to Sh1 million, imprisonment for up to one year, or both for individuals found guilty of violating the law.
The Conflict of Interest Act was enacted in August 2025 as part of governance reforms backed by the International Monetary Fund (IMF) and the World Bank. The legislation aims to curb corruption, prevent conflicts of interest and improve accountability in the management of public resources.
Public officers are required to disclose not only their own assets and liabilities but also those of their spouses, dependent children and any jointly owned property. The declarations must include assets held both within Kenya and abroad, as well as any significant changes in wealth during the reporting period.
The EACC argues that comprehensive wealth declarations are critical in helping investigators identify unexplained increases in wealth and detect cases where assets are concealed through relatives, associates or shell companies. According to investigators, corrupt officials often transfer ownership of property or funds to family members or offshore entities to avoid detection.
Several high-profile investigations have highlighted the importance of wealth declarations in fighting corruption. Among them is the case involving former Kenya Rural Roads Authority regional manager Benson Muteti Musila, who was accused of accumulating assets worth more than Sh1 billion that allegedly exceeded his legitimate income. In another case, the EACC is pursuing the recovery of over Sh1.2 billion from former Ministry of Lands value Nicholas Owino Ochiel, claiming his wealth could not be explained by his official earnings.
The proposed rules build on Kenya’s wealth declaration framework first introduced through the Public Officer Ethics Act in 2003. While the previous law relied largely on criminal prosecution for non-compliance, the new regulations seek to improve compliance through administrative measures before legal action is considered.
Currently, wealth declarations remain confidential, with the public only gaining limited insight during parliamentary vetting of Cabinet Secretaries, Principal Secretaries and heads of State agencies, where nominees publicly disclose their assets.
The EACC estimates that corruption costs Kenya approximately Sh608 billion annually through procurement fraud, bribery, tax evasion and misuse of public resources. During the 2023/24 financial year, the commission recovered Sh2.9 billion in unexplained wealth and prevented the loss of an additional Sh2.9 billion through investigations.
If implemented, the proposed regulations are expected to strengthen enforcement of wealth declaration laws while supporting Kenya’s broader anti-corruption agenda and improving confidence in public sector governance.
