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Why Kenya’s New Conflict of Interest Law Matters to Every Citizen

Kenya has taken a major step in strengthening integrity in public service with the enactment of the Conflict of Interest Act, 2025. This law was passed to ensure that public officers serve the people honestly, without allowing personal or family interests to influence government decisions. For many Kenyans who have long complained about corruption, favoritism, and abuse of office, this law provides a clear framework for accountability and fairness in public service.

At its core, the Act recognizes a simple truth: when public officials mix personal gain with public duty, ordinary citizens suffer. Roads are poorly built, public funds are wasted, jobs go to relatives instead of qualified applicants, and services become expensive or inaccessible. The new law seeks to stop these practices before they happen by clearly defining what a conflict of interest is and how it should be managed.

According to the Act, a conflict of interest arises when a public officer’s private interests—such as business ownership, family relationships, or financial benefits—interfere, or appear to interfere, with their official duties. This includes situations where an officer makes decisions that benefit themselves, their relatives, or close associates instead of the public.

For example, if a county official responsible for awarding road construction contracts secretly owns a construction company, that is a clear conflict of interest. Even if the road is built, the process is unfair because the official used public power for private gain. Under the new law, such conduct is illegal and punishable.

Many Kenyans have witnessed situations where public officers influence hiring to favor relatives. A common example is in county governments, where job vacancies are advertised but later filled by family members of senior officials. The Conflict of Interest Act now expressly prohibits public officers from participating in recruitment processes where they have a private interest, such as when a spouse, sibling, or child is a candidate.

Another familiar scenario involves procurement. In the past, some officials awarded tenders to companies they secretly owned or controlled through proxies. The Act now clearly bans public officers from being parties to contracts with their own institutions or influencing contract awards where they have a private interest. This provision directly addresses procurement scandals that have cost taxpayers billions of shillings over the years.

The culture of gift-giving, often disguised as “appreciation,” has long blurred ethical lines in Kenya. The Act makes it clear that public officers are not allowed to accept gifts or favors from individuals or companies that have dealings with their offices. Even non-cash benefits such as paid trips, hospitality, or scholarships must be declared within forty-eight hours if accepted under exceptional circumstances.

For instance, if a contractor working with a ministry offers a senior officer a fully paid holiday in Mombasa, this is no longer a harmless favor—it is a violation of the law. Such benefits can influence decision-making and undermine public trust.

One of the most powerful features of the Conflict of Interest Act is the requirement for public officers to declare their income, assets, and liabilities. These declarations must include property, businesses, shares, and even assets held outside Kenya. Significant changes in wealth must also be explained.

This provision responds directly to public concern about unexplained wealth among some officials. When a civil servant suddenly owns multiple properties in Nairobi, Kisumu, or Dubai without a clear source of income, the law allows oversight bodies to question and investigate such wealth.

The Act also addresses the “revolving door” problem, where former public officers quickly join private companies they once regulated or awarded contracts to. For at least two years after leaving office, former officials are prohibited from working for or representing entities they had significant official dealings with. This prevents insiders from using confidential government information for private advantage.

For example, a former senior official at a regulatory authority cannot immediately become a consultant for a company they previously supervised. This protects fairness in the market and public confidence in government institutions.

The law empowers ordinary citizens to report suspected conflicts of interest to the relevant authorities or the Ethics and Anti-Corruption Commission (EACC). Importantly, whistleblowers are protected from retaliation, dismissal, or discrimination if they report wrongdoing in good faith. This means that a junior officer, contractor, or even a concerned citizen can speak up without fear when they see public resources being misused.

The Conflict of Interest Act, 2025, is not just a legal document for lawyers and politicians. It affects service delivery in hospitals, schools, county offices, and national government agencies. When conflicts of interest are controlled, public money is used properly, services improve, and trust in government grows.

Ultimately, the success of this law depends not only on enforcement by institutions but also on public awareness. When citizens understand their rights and demand accountability, Kenya moves closer to transparent, fair, and ethical governance for all.

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David Waithera

David Waithera is a Kenyan author. He is an observer, a participant, and a silent historian of everyday life. Through his writing, he captures stories that revolve around the pursuit of a better life, drawing from both personal experience and thoughtful reflection. A passionate teacher of humanity, uprightness, resilience, and hope.

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