The Conflict of Interest Act, 2025 marks a watershed in the regulation of public ethics. Assented to on 30 July 2025 and commencing on 19 August 2025, the Act repeals the Public Officer Ethics Act, amends provisions of the Economic and Anti-Corruption Act, and establishes a broader, stricter regime.

By doing so, Parliament has given renewed force to Chapter Six of the Constitution, which provides for Leadership and Integrity in public service. The Act places integrity, impartiality, and accountability at the centre of governance, with implications extending beyond government to private actors, contractors, and partners engaging with the State.

Objectives and Scope

The Act is designed to restore trust in public decision-making by insulating it from private gain. Its core objectives are to:

• promote objectivity in governance;
• prevent undue private influence over public office; and
• enhance accountability through enforceable standards.

It applies broadly to all public officers and reporting entities, including state organs, ministries, parastatals, universities, government-owned companies, and public-private partnership entities.

Defining Conflict of Interest

The Act adopts an expansive definition of conflict of interest, covering actual, apparent, and potential conflicts. This includes situations where private interests may reasonably be perceived to impair impartial decision-making.

Prohibited Conduct

The Act draws clear boundaries around conduct that undermines integrity. Public officers are prohibited from:

• dispensing preferential treatment;
• misusing confidential information;
• exercising influence for private gain;
• entering into contracts with their reporting entities;
• holding interests in companies benefiting from government contracts; and
• participating in recruitment processes where they have a stake.

Additional restrictions apply to gifts, complimentary treatment, and outside employment that may conflict with official duties.

Disclosure and Transparency

Transparency is central to the Act. Public officers must declare their income, assets, and liabilities upon appointment, every two years, and upon exit from office.

Reporting entities are required to maintain registers of gifts and conflicts, which may be made available for public inspection in line with the Access to Information framework.

Where conflicts arise, officers must formally recuse themselves, with such recusals documented and reported to the Ethics and Anti-Corruption Commission (EACC).

Compliance and Enforcement

The Act strengthens enforcement by granting the EACC enhanced investigative powers, including the ability to initiate inquiries independently or act on complaints.

Oversight is also distributed across sector-specific institutions such as:

• the Public Service Commission;
• the Judicial Service Commission; and
• Parliamentary oversight committees.

Safeguards and Institutional Reforms

The Act introduces protections for whistle-blowers acting in good faith and ensures confidentiality in handling sensitive declaration data.

It also aligns Kenya’s anti-corruption framework by amending related statutes, including the EACC Act, the Anti-Corruption and Economic Crimes Act, and the Leadership and Integrity Act.

Implications for Stakeholders

The Act imposes heightened duties on public officers while requiring reporting entities to establish robust governance systems for monitoring compliance.

For private-sector actors, particularly those engaged in public procurement or PPPs, the law introduces increased scrutiny and regulatory risk.

• Greater exposure to compliance obligations;
• Heightened reputational risk;
• Potential disqualification of conflicted transactions.

Boards and institutions must treat compliance as a substantive governance requirement rather than a procedural formality.

Conclusion

This article does not constitute legal advice and is for informational purposes only. Parties involved in any dispute are encouraged to seek professional legal counsel tailored to their specific circumstances.