Integrity Centre/FILE
Public officers will no longer be free to accept expensive gifts, take up side jobs without approval or participate in decisions in which they have personal interests.
The changes are contained in the Conflict-of-Interest Regulations, 2026, which introduce sweeping measures aimed at curbing corruption and strengthening integrity in the public service.
The regulations require public officers to disclose their private interests, declare gifts and benefits, recuse themselves from decisions involving conflicts of interest, and submit to stricter oversight of their wealth and conduct.
"The object of these regulations is to outline the procedures, structures and systems for the prevention, management, detection and investigation of matters relating to conflict of interest," the regulations state.
The regulations further provide that, "A public officer shall… disclose details of any private interest… that affects his or her official duties."
The rules seek to operationalise the Conflict-of-Interest Act, 2025, by introducing detailed procedures governing gifts, outside employment, declarations of wealth, complaints, investigations and disciplinary action against public officers.
Among the most significant changes is the provision tightening controls on employment outside the public service.
"A public officer who seeks to engage in other gainful employment… shall seek permission from the reporting authority in writing," the regulations state.
The reporting authority shall consider a request for permission to engage in any other gainful employment and communicate its decision in writing within 14 days of receiving the request.
Public institutions are also required to maintain registers of officers undertaking outside employment.
The regulations define incompatible outside employment as work undertaken during official hours, full-time employment elsewhere or employment by an entity with a direct contractual relationship with the officer's public institution.
The regulations also impose restrictions on gifts received by public officers.
"For purposes of section 16(2)(d) of the Act, the value of a gift that a public officer may receive shall not exceed Sh20,000," the regulations state.
"A public officer shall not receive a gift offered by the same donor more than twice in a financial year."
Any gift falling outside the categories exempted under the law will automatically become government property and must be surrendered to the reporting authority for disposal or official use.
Anyone who breaches the restriction on repeated gifts commits an offence and risks a fine of up to Sh20,000, six months' imprisonment, or both.
The regulations also require public officers to declare all gifts and benefits received by themselves or their relatives, regardless of value, while every public institution must maintain registers documenting gifts received and gifts issued.
Public officers will also be required to disclose any private interest likely to influence official decisions before participating in meetings.
"Where a public officer is present at a meeting… the public officer shall declare the interest at the beginning of the meeting or at any time before the issue is deliberated upon," the regulations state.
Where a conflict becomes apparent before a meeting, the officer must notify the reporting authority in advance.
If the conflict is discovered later, it must be declared before the minutes are confirmed. Reporting authorities are then expected to take remedial action to avert or address the conflict.
Officials with conflicts of interest will also have to step aside from discussions and decisions.
"A public officer who recuses himself or herself… shall declare the recusal," the regulations provide, adding that the proceedings must be captured in the official minutes.
Public officers and their relatives may accept complimentary treatment, such as sponsored travel or hospitality, only in exceptional circumstances.
Such benefits must be transparent, in the public interest, not intended to influence official decisions, and must not exceed Sh20,000 in value or be offered more than twice by the same person in a financial year.
To improve transparency, every reporting entity must maintain a register of conflicts of interest that is open to public inspection upon written request, with authorities required to respond within seven days.
The regulations also strengthen the verification of wealth declarations by requiring responsible commissions to analyse declarations of income, assets and liabilities, compare them with information from other sources, and refer cases involving unexplained wealth for investigation and possible prosecution.
Members of the public will be allowed to apply for access to declarations of income, assets and liabilities, although requests may be rejected if disclosure would prejudice investigations, undermine the public interest or be considered frivolous.
The regulations also expand channels for reporting suspected conflicts of interest, allowing complaints to be lodged in person, in writing, by email, by telephone, anonymously or through third parties.
They protect whistleblowers from victimisation and empower investigators to summon witnesses, with failure to honour a summons attracting a fine of up to Sh20,000, six months' imprisonment, or both.
Where wrongdoing is established, disciplinary action may include the recovery of improperly obtained benefits, warnings, suspension, surcharge, surrender of prohibited gifts or dismissal from office.
Public officers may also be suspended during investigations if they are likely to interfere with witnesses or tamper with evidence.
