New anti-corruption law bans gifts and contracts for public servants

Integrity Centre, the frontline in enforcing Kenya’s Conflict of Interest Act, 2025.

The country has ushered in a new era of accountability with the enactment of the Conflict of Interest Act, 2025, a landmark law aimed at combating corruption and restoring integrity in public service.

The Act, assented to on July 30, 2025, and which commenced on August 19 2025, outlines stringent measures for managing conflicts of interest, gifts, contracts, and post-employment restrictions for public officers.

Contained in the Kenya Gazette Supplement No. 131, the new law bestows oversight powers to the Ethics and Anti-Corruption Commission (EACC), tasking it with enforcing compliance, conducting investigations, and developing standards to guide ethical conduct across state organs and county governments.

The Act broadly defines a conflict of interest as any situation in which private interests may improperly influence official duties.

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It requires public officers to declare their income, assets, and liabilities periodically, bars them from accepting gifts or complimentary treatment that may compromise impartiality, and prohibits them from entering into contracts with their own reporting entities.

A notable section emphasises that (e) any engagement where the public officer exercises regulatory or oversight functions over the affairs of the entity, in whatever form;” shall be treated as a conflict of interest.

Governance experts have hailed the law as a bold step. “This Act is a reset button for integrity in public office. It is no longer business as usual — officers must choose between personal gain and public service,” said a Nairobi-based governance analyst.

The law also introduces a two-year “cooling-off” period for former public officers before they can join entities they previously regulated. One anti-corruption campaigner noted, “The clause on former public officers is critical. You can’t regulate a company today and work for it tomorrow — that door is now firmly shut.”

Officials at the EACC believe the new rules will close gaps that have previously enabled corruption.

Civil society groups have also welcomed the Act, stressing its inclusivity. “Teachers, doctors, MPs, even county executives — everyone on the public payroll is covered. This law says nobody is above accountability,” remarked a prominent activist.

The Act repeals the Public Officer Ethics Act (Cap. 185B). It harmonises Kenya’s anti-corruption legal framework with the Leadership and Integrity Act and the Anti-Corruption and Economic Crimes Act.

It seeks not only to deter wrongdoing but also to strengthen public confidence in government institutions.

By Joseph Mambili

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