The Senate Committee on Justice, Legal Affairs, and Human Rights, led by Senator Wakili Hillary Sigei of Bomet, has begun deliberations on a major Conflict of Interest Bill (2023). The bill, introduced by National Assembly Majority Leader Hon. Kimani Ichung'wah, was passed by the National Assembly and sent to the Senate for further consideration.

This legislation aims to overhaul Kenya's approach to potential conflicts of interest within the public service. Replacing the Public Officer Ethics Act of 2003, it seeks to provide robust guidelines for managing situations where private interests intersect with public duty.

Key provisions include a clear definition of conflicts of interest, explicitly identifying where private interests could influence or hinder the impartial exercise of public duty. The bill introduces strong restrictions, prohibiting public officers from giving preferential treatment, exploiting insider knowledge for personal gain, influencing decisions to their benefit, taking certain forms of outside employment, and accepting gifts that create a conflict.  

The Bill also mandates recusal and disclosure, requiring public officers to remove themselves from decisions where their interests create a conflict and to regularly disclose their income, assets, and liabilities. Additionally, the bill empowers the Ethics and Anti-Corruption Commission (EACC) to thoroughly investigate alleged violations, including the potential for the suspension of implicated individuals during the investigation. Stiff penalties, including fines and imprisonment, are included for those who breach the Act.

Ultimately, this bill strives to promote ethical decision-making, greater accountability, and stronger public confidence in government institutions. The Senate Committee on Justice, Legal Affairs and Human Rights will now play a crucial role in scrutinizing the bill.