NAIROBI, Kenya – Public officers who fail to declare their income, assets and liabilities within prescribed deadlines could have their salaries stopped and face disciplinary action under new rules issued by the Ethics and Anti-Corruption Commission (EACC).
The rules, gazetted on August 18, 2026, introduce detailed procedures for managing wealth declarations, conflicts of interest and the recusal of public officers from official discussions, decisions, debates and votes.
The mechanisms were issued under Section 40 of the Conflict of Interest Act and apply to public officers, reporting entities, reporting authorities and responsible commissions involved in managing declarations and conflicts of interest.
New wealth declaration deadlines
Under the rules, public officers must declare their income, assets and liabilities, including those belonging to their spouses and dependent children below the age of 18.
The prescribed deadlines are:
- Initial declaration: Within 30 days of appointment.
- Biennial declaration: By December 31 every other year.
- Final declaration: Within 30 days of leaving public office.
Officers must also disclose assets, liabilities and income held outside Kenya or jointly with another person or entity, including their share or interest.
The requirements apply to State and public officers even when they are on leave, facing disciplinary action, on secondment or working overseas, unless an exemption is granted by the Attorney-General.
Where spouses are both public officers, each must submit a separate declaration to their respective responsible commission.
Officers serving under more than one responsible commission must similarly file separate declarations with each commission.
Salary stoppage among enforcement measures
The new rules give responsible commissions several options for dealing with officers who fail to comply.
They may issue notices requiring compliance, issue warnings, stop an officer’s salary until the declaration is submitted, initiate disciplinary proceedings or take other appropriate administrative action.
“Where an officer fails to submit a declaration or does not do so within the required period, the responsible commission may recommend prosecution and take administrative measures to enforce compliance,” the notice states.
The measures include “issuing a notice to comply, issuing a warning, stopping salary pending compliance, starting disciplinary proceedings or taking any other relevant administrative action.”
Responsible commissions may also recommend prosecution in cases of non-compliance.
The commissions can establish committees to oversee declarations and designate officers to assist with their administration.
Although officers may be notified at least 30 days before a deadline, failure by a commission to send a reminder or provide a declaration form does not remove the officer’s legal obligation to file.
Elected officials must make final declarations
The rules also clarify requirements for elected and appointed officials leaving office.
Elected officers must submit final declarations when their terms end, even where they intend to seek re-election.
Appointed officers must similarly file a final declaration when their term ends unless their appointment is renewed.
Officers who transfer between reporting entities do not have to submit a fresh declaration until their next scheduled declaration, although the new responsible commission may request access to their previous declaration.
New conflict of interest requirements
The rules introduce detailed procedures for handling conflicts of interest during official proceedings.
A public officer who knows of a real, apparent or potential conflict of interest must declare it before participating in a discussion, decision, debate or vote.
If the conflict becomes apparent while proceedings are already underway, the officer must declare it immediately.
The officer must then recuse themselves from the matter, with the recusal recorded in the official minutes.
Recusal may involve not attending the relevant proceedings, physically leaving the meeting, or refraining from contributing to a discussion or debate concerning an agenda item in which the officer has a conflict.
An officer may seek guidance from the person responsible for their reporting or from the person chairing or controlling the proceedings.
Any guidance provided must also be recorded in the minutes.
Recusal information to be submitted to EACC
The reporting authority must submit details of the recusal to EACC within 60 days.
The declaration must contain the officer’s details, particulars of the conflict and the manner in which the officer recused themselves.
EACC may also develop an online system for submitting recusal declarations and issue written guidance to reporting authorities, reporting entities and public officers.
The commission can further provide directions or advice on issues arising from individual recusals.
Who can access wealth declarations?
The new mechanisms also establish procedures for accessing information contained in wealth declarations.
Before granting an application for access, the responsible commission must notify the public officer concerned and give them seven days to make representations.
Applications for access must be determined within 30 days, while officers can access their own declarations within 14 days.
Law enforcement agencies can also obtain access within 14 days of submitting a written request.
Where access is approved, only the information requested should be disclosed, while the original declaration must be retained unless otherwise required by law.
Responsible commissions must maintain a register detailing access requests and the decisions made on them.
EACC embraces digital filing
The rules also provide for greater use of technology in managing wealth declarations.
Responsible commissions may use automated systems for online filing, issuing reminders, checking information, identifying discrepancies and potential conflicts of interest, processing access requests and securely storing declarations.
Electronic declarations will remain valid even without a signature, acknowledgement stamp or receipt.
Responsible commissions are also required to submit compliance reports to EACC by July 31, detailing compliance levels, cases of non-compliance, action taken and any clarifications sought.
The commission retains the authority to issue further guidance and amend the mechanisms where necessary.
The new framework comes as Kenya continues efforts to strengthen accountability and conflict-of-interest controls within public institutions. For public officers, the rules make clear that failure to meet wealth declaration obligations is no longer simply an administrative omission—it can trigger financial, disciplinary and potentially criminal consequences.
