Kenya’s Conflict of Interest Act No. 11 of 2025: A Game Changer for Integrity

In a transformative step toward enhancing transparency and accountability in public service, Kenya enacted the Conflict of Interest Act No. 11 of 2025 on July 30, 2025. This groundbreaking legislation, signed into law by President William Ruto, consolidates and strengthens existing frameworks to address conflicts of interest among public officers.

Designed to curb corruption and promote ethical conduct, the Act marks a significant milestone in Kenya’s fight against the misuse of public resources. This article provides an in-depth analysis of the Act, its key provisions, implications for public officers, and its broader impact on Kenya’s governance landscape.

Table of Contents

1. Introduction to the Conflict of Interest Act 2025

   
   

2. Background and Legislative Journey

   
   

3. Key Provisions of the Act

   
   

4. Impact on Public Service and Governance

   
   

5. Challenges and Criticisms

   
   

6. Role of the Ethics and Anti-Corruption Commission (EACC)

   
   

7. How Law Firms Can Assist with Compliance

   
   

8. Conclusion

   
   

9. Frequently Asked Questions (FAQ)

1.       Introduction to the Conflict of Interest Act 2025

The Conflict of Interest Act No. 11 of 2025 is a pivotal piece of legislation aimed at fostering ethical governance in Kenya. By addressing the pervasive issue of conflicts of interest, the Act seeks to ensure that public officers prioritize public duty over personal gain.

A conflict of interest arises when a public officer’s private interests could improperly influence their official responsibilities, potentially leading to corruption, biased decision-making, or misuse of public resources. This Act replaces the Public Officer Ethics Act of 2003, consolidating various laws into a comprehensive framework under the supervision of the Ethics and Anti-Corruption Commission (EACC).

It introduces stricter regulations, mandatory disclosures, and robust enforcement mechanisms to promote transparency and accountability in public service. With Kenya’s history of corruption scandals, this legislation is a bold step toward rebuilding public trust in government institutions.

2.       Background and Legislative Journey

The journey to the Conflict of Interest Act 2025 began with the Conflict of Interest Bill 2023, sponsored by Hon. Kimani Ichung’wah, the Leader of the Majority Party in the National Assembly. The Bill was first passed by the National Assembly on November 30, 2023, and transmitted to the Senate for consideration.

The Senate introduced amendments on May 28, 2024, which led to the formation of a Mediation Committee to reconcile differences between the two houses, as required by Article 113 of the Kenyan Constitution.

President Ruto initially referred the Bill back to Parliament in April 2025, citing concerns over certain provisions. After further deliberation, both the National Assembly and Senate adopted the President’s proposals, passing the revised Bill on June 3 and July 23, 2025, respectively.

The Act was signed into law on July 30, 2025 and commenced on August 19, 2025, marking a landmark moment in Kenya’s anti-corruption efforts.

3.       Key Provisions of the Act

The Conflict of Interest Act 2025 introduces a robust framework to regulate the conduct of public officers. Below are its key provisions, designed to ensure ethical behavior and prevent conflicts of interest.

a.       Definition of Conflict of Interest

The Act defines a conflict of interest as a situation where a public officer’s private interests—such as financial, personal, or familial interests—could improperly influence their public duties. This includes situations where an officer’s decisions could benefit themselves, their spouse, dependent children, or associated entities.

The definition is intentionally broad to encompass various scenarios, ensuring comprehensive coverage.

b.      Mandatory Disclosure Requirements

Public officers are required to submit biennial (every other year) wealth declarations to their respective oversight bodies, supervised by the EACC. These declarations must include:

• Income: All sources of income, including salaries, investments, and business earnings.

  
  

• Assets: Properties, shares, and other financial holdings.

  
  

• Liabilities: Debts and financial obligations.

  
  

• Interests of Spouses and Dependents: Financial details of spouses and dependent children to prevent indirect conflicts.

  
  

This enhanced disclosure regime builds on the repealed Public Officer Ethics Act and extends to previously excluded officials, such as the Chief Justice, Cabinet members, and Members of County Assemblies.

c.       Prohibited Activities for Public Officers

The Act imposes strict restrictions to prevent conflicts of interest, including:

• Preferential Treatment: Public officers are barred from giving preferential treatment to individuals or entities based on personal connections.

  
  

• Undue Influence in Contracts: Officers cannot influence public contracts for personal gain or engage in contracts with entities they have a financial interest in.

  
  

• Secondary Employment: The Act restricts public officers from holding secondary employment that could undermine their official duties or create a conflict of interest.

  
  

• Accepting Gifts: Officers are prohibited from accepting gifts that could influence their decision-making.

  
  

d.      Recusal and Reporting Mechanisms

The Act mandates recusal from decision-making processes where a conflict of interest exists. Public officers must proactively disclose any potential conflicts and remove themselves from relevant discussions or votes.

Complaints regarding conflicts can be lodged with either a reporting authority or the EACC, with investigations required to conclude within 90 days to ensure efficiency. The Act also prohibits concurrent investigations by multiple bodies to streamline enforcement.

e.       Penalties for Non-Compliance

Non-compliance with the Act carries severe consequences, including:

• Disciplinary Actions: Fines, suspension, or dismissal from public office.

  
  

• Criminal Penalties: Imprisonment for up to seven years or substantial fines, depending on the severity of the violation.

  
  

• Civil Penalties: Recovery of any ill-gotten gains or benefits derived from conflicts of interest.

  
  

These penalties underscore the Act’s commitment to enforcing ethical standards and deterring misconduct.

4.       Impact on Public Service and Governance

The Conflict of Interest Act 2025 has far-reaching implications for Kenya’s public service and governance framework:

• Enhanced Transparency: Mandatory wealth declarations and public disclosure of interests ensure that public officers’ financial dealings are open to scrutiny, reducing opportunities for corruption.

  
  

• Improved Governance: By prohibiting activities that create conflicts, the Act promotes impartial decision-making, fostering a culture of integrity.

  
  

• Restored Public Trust: Transparent and accountable governance rebuilds confidence in public institutions, which have historically been plagued by corruption scandals.

  
  

• Strengthened Anti-Corruption Efforts: The Act empowers the EACC to enforce ethical standards, complementing other anti-corruption measures like the Leadership and Integrity Act 2012.

  
  

The Act also aligns with Kenya’s constitutional principles under Chapter Six, which emphasize selfless service and the avoidance of conflicts between personal and public duties. By addressing systemic issues, the Act paves the way for a more equitable and ethical governance system.

5.       Challenges and Criticisms

Despite its noble objectives, the Conflict of Interest Act 2025 has faced criticism and challenges:

• Resistance from Public Officers: Some politicians and officials have expressed concerns that the Act’s restrictions could limit their ability to engage in legitimate private business. For instance, amendments proposed by Narok Senator Ledama ole Kina in 2024 sought to allow state officials to do business with the government, sparking public outcry. These amendments were ultimately rejected, but they highlight ongoing resistance to stringent regulations.

  
  

• Implementation Challenges: The success of the Act depends on effective enforcement by the EACC and other oversight bodies. Limited resources and political interference could hinder investigations and prosecutions.

  
  

• Public Awareness: Many Kenyans may be unaware of the Act’s provisions and how to report violations, necessitating robust public education campaigns.

  
  

• Balancing Privacy and Transparency: The requirement to disclose the financial interests of spouses and dependents raises privacy concerns, which could lead to legal challenges.

  
  

Addressing these challenges will be critical to ensuring the Act’s success in transforming Kenya’s governance landscape.

6.       Role of the Ethics and Anti-Corruption Commission (EACC)

The EACC plays a central role in implementing the Conflict of Interest Act 2025. As the primary oversight body, the EACC is responsible for:

• Supervising Wealth Declarations: Ensuring public officers submit accurate and timely declarations.

  
  

• Investigating Complaints: Conducting investigations within the mandated 90-day period.

  
  

• Enforcing Penalties: Imposing disciplinary actions or referring cases for criminal prosecution.

  
  

• Public Education: Raising awareness about the Act’s provisions and the importance of ethical conduct.

  
  

President Ruto emphasized the EACC’s role during the signing ceremony, stating, “You now have levers to make sure that you protect the resources of the Republic of Kenya and hold every officer to account.” The EACC’s effectiveness will be crucial to the Act’s impact on curbing corruption.

7.       How Law Firms Can Assist with Compliance

Navigating the Conflict of Interest Act 2025 can be complex for public officers and organizations. Law firms specializing in corporate governance, compliance, and anti-corruption law can provide invaluable assistance, including:

• Compliance Training: Educating public officers on their obligations under the Act, including disclosure requirements and recusal protocols.

  
  

• Legal Advisory Services: Advising on potential conflicts of interest and how to structure private affairs to avoid violations.

  
  

• Representation in Investigations: Defending clients facing EACC investigations or disciplinary actions.

  
  

• Policy Development: Assisting organizations in developing internal policies to align with the Act’s requirements.

  
  

At Muhoro & Gitonga Associates, we are committed to helping clients navigate the evolving regulatory landscape. Our experienced team offers tailored solutions to ensure compliance with the Conflict of Interest Act 2025, safeguarding your reputation and interests.

8.       Conclusion

Kenya’s Conflict of Interest Act No. 11 of 2025: A Game Changer for Integrity. The Conflict of Interest Act No. 11 of 2025 represents a bold step toward a more transparent and accountable Kenya. By addressing conflicts of interest head-on, the Act strengthens the ethical foundation of public service, aligning with the principles of Chapter Six of the Constitution. While challenges remain, the Act’s robust provisions and the EACC’s oversight provide a strong framework for combating corruption and rebuilding public trust.

As Kenya moves forward, stakeholders—including public officers, private organizations, and citizens—must embrace the Act’s principles to foster a culture of integrity. Law firms play a critical role in guiding clients through compliance, ensuring that the Act’s transformative potential is fully realized. For more information or assistance with compliance, contact Muhoro & Gitonga Associates today.

2.     FAQ: Kenya’s Conflict of Interest Act No. 11 of 2025: A Game Changer for Integrity

Q: Who does the Conflict of Interest Act 2025 apply to?

A: The Act applies to all public officers in Kenya, including government officials, parastatal employees, the Chief Justice, Cabinet members, and Members of County Assemblies.

Q: What are the key disclosure requirements under the Act?

A: Public officers must submit biennial (every other year) wealth declarations, including income, assets, liabilities, and the financial interests of their spouses and dependent children.

Q: What activities are prohibited under the Act?

A: The Act prohibits preferential treatment, undue influence in public contracts, secondary employment that creates conflicts, and accepting gifts that could influence decisions.

Q: What are the penalties for non-compliance?

A: Penalties include fines, imprisonment for up to seven years, dismissal from office, and recovery of ill-gotten gains.

Q: How can I report a conflict of interest?

A: Complaints can be lodged with a reporting authority or the EACC, which must investigate within 90 days.

Q: How can a law firm help with compliance?

A: Law firms can provide compliance training, legal advice, policy development, and representation in investigations to ensure adherence to the Act.

Kenya’s Conflict of Interest Act No. 11 of 2025: A Game Changer for Integrity