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The National Assembly has passed the Presidentβs reservations to the Conflict of Interest Bill (National Assembly Bill No. 12 of 2023), paving the way for tougher regulations against unethical conduct in public service.
In a sitting of the House,Β lawmakers'Β endorsed a raft of amendments tabled by the Leader of the Majority Party as part of President William Rutoβs recommendations, which significantly strengthen the Billβs provisions and enhance the role of the Ethics and Anti-Corruption Commission (EACC) in enforcement.
Key among the adopted changes is a broader definition of βfamilyβ and βrelativeβ to ensure that disclosures extend beyond immediate household members, thereby sealing common loopholes used to conceal conflicts. The Bill now also introduces the term βundeclared assetβ to tighten asset disclosure requirements.
The definitionΒ of a conflict of interest was expanded.Β It now includes situations where a public officerβs private interests may impair their objectivity or could reasonably be expected to do so in the future.
The EACC has been strengthenedΒ to βinstitute proceedings for forfeiture of undeclared or unexplained assets,β Β affirming the Commissionβs central role in tracking illicit wealth.
Legislators further introduced mandatory disclosure obligations where a public officer becomes aware that a family member or relative has received gifts or complimentary treatment. These must be reported within 48 hours of knowledge or upon resuming duty, according to new subclauses added to Clauses 16 and 18. Failure to comply constitutes an offence.
In financial accountability, Clause 31 now defines a βmaterial changeβ to include fluctuations in asset value by 25 percent or more, acquisition or disposal of property, and changes in marital status, directorships, or organizational memberships.
βThese changes are not cosmeticβthey are systemic. They align the Bill with the Presidentβs vision of a more accountable and transparent public service,β said Majority Leader Kimani Ichungβwah while moving the amendments..
Clause 35 was also amended to ensure that declarations made under the Act are not only complete and correct but also subject to greater scrutiny.
The Bill is expected to proceeds to the Senate for consideration.