On 18 August 2026, the Administrative Mechanisms for the Implementation of Requirements of Part IV of the Conflict of Interest Act, issued by the Ethics and Anti-Corruption Commission (EACC), were published in the Kenya Gazette. The Administrative Mechanisms came into effect upon publication.

The Administrative Mechanisms regulate recusals in cases of conflict of interest and the submission of declarations of income, assets and liabilities.

Recusal in Cases of Conflict of Interest

Under the Administrative Mechanisms, a public officer must declare any real, apparent or potential conflict of interest before a discussion, decision, debate or vote takes place, or immediately upon becoming aware of such a conflict during the relevant proceedings.

The public officer must then recuse himself or herself from the matter concerned, for example by not attending or withdrawing from the discussion, decision, debate or vote, or by refraining from contributing to the discussion or debate. The recusal must be recorded in the minutes.

Within 60 days of the recusal, the relevant reporting authority must transmit a declaration of recusal to the EACC. The declaration must contain details of the public officer, particulars of the conflict of interest declared and the manner in which the officer recused himself or herself. The EACC may also issue written directions or advice on matters arising from a recusal.

Declaration of Income, Assets and Liabilities

The obligation to make a declaration applies to all public officers, including those on leave, under disciplinary action, on secondment or on overseas assignments. The Attorney General may grant a dispensation exempting an individual officer or a category of public officers from filing declarations, with the reasons for the exemption to be published in the Gazette.

A declaration must include the income, assets and liabilities of the public officer, the officer’s spouse or, where applicable, spouses, and any dependent children under the age of 18 years. Income, assets and liabilities held outside Kenya must also be declared. Where income, assets or liabilities are held jointly with another person or entity, the officer must state the extent of the interest or share attributable to him or her.

The Administrative Mechanisms provide for initial, biennial and final declarations. An initial declaration must be made within 30 days of appointment, a biennial declaration on or before 31 December every other year, and a final declaration within 30 days of ceasing to be a public officer. Where an officer transfers from one reporting entity to another and consequently comes under the jurisdiction of a different responsible Commission, no new declaration is required until the next declaration falls due. Elected public officers must make a final declaration at the end of their term irrespective of whether they intend to seek re-election.

Access to Declarations and Automation

The Administrative Mechanisms also regulate access to information contained in declarations. Upon receiving an application for access, the responsible Commission must inform the public officer concerned, who has seven days to make written representations. The Commission must determine the application and communicate its decision to the applicant within 30 days. Where access is granted, only the information requested, rather than the entire declaration, may be provided. A 14-day period applies to access by the declarant and by law enforcement agencies.

Responsible Commissions may use automated systems to manage declarations of income, assets and liabilities. Such systems may check whether the required information is complete, detect discrepancies or inconsistencies, flag possible issues of conflict of interest, and interconnect with other information systems and databases relevant to the analysis of declarations. A declaration submitted electronically through such a system remains valid notwithstanding the absence of a signature, acknowledgement stamp, receipt or slip.

Compliance and Enforcement

Where a public officer fails to submit a required declaration or fails to do so within the prescribed time, the responsible Commission may, in addition to recommending prosecution, take administrative measures to enforce compliance. These may include issuing a notice to comply or a warning, stopping the officer’s salary pending compliance, and initiating disciplinary proceedings. Failure to provide a declaration form or issue a notification does not relieve the public officer of the obligation to submit a declaration.

Responsible Commissions must also maintain registers of declarations and instances of non-compliance and submit compliance reports to the EACC. The reports must include, among other things, the number of public officers required to make declarations, the number who complied or failed to comply, and the administrative action taken against non-compliant officers.