Anticorruption Laws (Amendment) Bill Edited - 5th July, 2018

THE ANTI-CORRUPTION LAWS AMENDMENT BILL, 2018
A Bill for
AN ACT of Parliament to amend the laws relating to anti-corruption
ENACTED by the Parliament of Kenya, as follows—
PART I—PRELIMINARY
Short title and 1. This Act may be cited as the Anti-Corruption Laws Amendment Bill,
commencement.
2018 and shall come into operation on such date as the Cabinet Secretary
may, by notice in the Gazette, appoint.
Insertion of a new 2. The Government Contracts Act is amended by inserting the following
section in Cap. 25.
new sections immediately after section 9−
Contracts 10. Any contract entered into with the Government

obtained through
corrupt conduct proved to be secured through corrupt conduct shall be null
to be void. and void.
Mandatory anti- 11. (1) The following clause shall be included in every
corruption
clauses in all contract made for the Government−
Government
contracts. (a) “Each Party hereby undertakes that, at the date
of the entering into force of this Contract, no
offer, gift, consideration or benefit of any kind,
which constitutes illegal or corrupt practice, has
been or is intended to be made to anyone, either
directly or indirectly, as an inducement or reward
for the award or execution of this Contract, and
any such practice will be grounds for terminating
the Contract or taking any corrective action as
appropriate”;
(b) For the avoidance of doubt, each Party agrees

that, if at any stage before, during or after the
execution of a Government contract, it is
established that a supplier of goods or services to
the Government bribed a public officer or
engaged in any other act of corruption, during or
after the conclusion of the contract, the contract
shall be rendered null and void and the
Government of Kenya shall be under no
obligation to honour any term or condition
provided for in the impugned contract.
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(2) Any public officer who signs or approves or ratifies
or implements a contract which does not contain the anti-
corruption clauses provided for under sub-section (1), or
which purports to oust the anti-corruption clause or which
purports to waive the right of the Government to sue over a
void or voidable contract, commits an offence and shall be
liable, on conviction, to a fine not exceeding five million
shillings, or to imprisonment for a term not exceeding ten
years or both:
Provided that any Government Contract which had been

approved by the Attorney-General or was in existence
before the commencement of this section shall not be
rendered void or voidable for want of the inclusion of the
anti-corruption clause provided for under subsection (1).
(3) For purposes of this section, "Government" means the

national or a county government, and includes a Government
ministry, Parliament, the Judiciary, or any other public
entity.
Amendment of 3. Section 16 of the Extradition (Contiguous and Foreign Countries)

section 16 of Cap.
76. Act is amended in subsection (1) (a) by inserting the words “or based on the
person's gender, race, religion, nationality, ethnic origin” immediately after
the word “political character”.
Amendment of 4. Section 6 of the Extradition (Commonwealth Countries) Act is

section 6 of Cap. 77.
amended in subsection (1) (b) by inserting the words “gender, religion”
immediately after the word “race”.
Amendment of 5. Section 2 of the Anti-Corruption and Economic Crimes Act is

section 2 of No.3 of
2003. amended in subsection (1)
(a) by inserting the following new definition in proper alphabetical

sequence—
“associate”, in relation to a person, means−
(a) a person who is a nominee or an employee of that

person;
(b) a person who manages the affairs of that person;
(c) a firm of which that person, or his nominee is a

partner or is in charge or in control of its business or
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affairs;
(d) a company in which that person or his nominee, is a

director or is in charge or in control of its business or
affairs, or in which that person, alone or together
with his nominee, holds a controlling interest, or
total share capital; or
(e) the trustee of a trust, where—
(i) the trust has been created by that person; or
(ii) the total value of the assets contributed by

that person to the trust at any time, whether
before or after the creation of the trust,
amounts, at any time, to not less than
twenty percent of the total value of the
assets of the trust;
(b) in the definition of the word “corruption” by inserting the

following new paragraph immediately after paragraph (g)−
(h) neglect of duty;
(c) by deleting the definition of the expression “public body” and

substituting therefor the following new definition−
“public body” means—
(a) a public office as defined under Article 260 of the

Constitution, and includes a corporation, whether or
not the remuneration and benefits of the office are paid
from the Consolidated Fund or out of money provided
by Parliament;
(b) the East African Community, its institutions and

corporations;
(c) a political party, a trade union, a society registered

Cap 490 under the Co-operative Societies Act and any council,
board, committee or society established by an Act of
Parliament for the benefit, regulation and control of
any profession and non-governmental organisations.
Insertion of new 6. The Anti-Corruption and Economic Crimes Act, 2003 is amended by
section in No.3 of
2003. inserting the following new sections immediately after section 2—
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Commission's 2A. (1) The jurisdiction of the courts of Kenya for the
mandate over
private sector purposes of this Act extends to−
corruption.
(a) every place within Kenya, including territorial
waters;
(b) a Kenyan national aboard a vessel or aircraft flying

the Kenyan flag;
(c) a person who is not a Kenyan national but has his

or her habitual residence in Kenya;
(d) the conduct of a Kenyan national which takes place

outside Kenya, if the conduct would constitute an
offence of corruption or economic crime or related
offence under the laws of Kenya; or
(e) a national of another state who is resident in Kenya

during the commission of the offence.
(2) Where an act or omission otherwise amounting to

corruption occurs in relation to a non-public office, this Act
shall be construed with the modifications, qualifications and
adaptations necessary to bring it into application of that act or
omission.
(3) For the purposes of this Act, the complainant in

corruption and economic crime matters shall be the State.
Amendment of 7. Section 3 of the Anti-Corruption and Economic Crimes Act, is

section 3of No.3 of
2003. amended in subsection (2) by deleting the words “a chief magistrate or a
principal magistrate” and substituting therefor the words “a Principal
Magistrate or a Magistrate above the rank of a Principal Magistrate”
Insertion of new 8. The Anti-Corruption and Economic Crimes Act is amended by

sections in No.3 of
2003. inserting the following new sections immediately after section 23−
Powers of the 23A. (1) The Secretary or an investigator may, in writing,

Secretary or an
investigator. require any person who the investigator has reason to believe
has information which may assist in the investigation of an
alleged offence under this Act to attend before him at a police
station, other police office or the Ethics and Anti-Corruption
Commission Office in the county in which that person resides
or is for the time being resident.
(2) A person who, without reasonable excuse, fails to
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comply with the requirement under subsection (1), or who,
having complied, refuses or fails to give his correct name and
address and to answer truthfully all questions that may be
lawfully put to him commits an offence.
(3) A person shall not be required to answer any question

under this section if the question tends to expose the person to
a criminal charge, penalty or forfeiture.
(4) An investigator shall record any statement made to him

by any person, whether the person is suspected of having
committed an offence or not, but, before recording any
statement from a person to whom a charge is to be preferred or
who has been charged with committing an offence, the
investigator shall warn the person that any statement which
may be recorded may be used in evidence.
(5) A statement taken in accordance with this section shall

be recorded and signed by the person making it after it has
been read out to him in a language which the person
understands and the person has been invited to make any
correction.
(6) Notwithstanding any other provision under this section,

the powers conferred by this section shall be exercised in
Cap 75.
Act No. 16 accordance with the Criminal Procedure Code, the Witness
of 2006 Protection Act or any other written law.
(7) The failure by an investigator to comply with a

requirement of this section in relation to the making of a
statement shall render the statement inadmissible in any
proceedings in which it is sought to have the statement
admitted in evidence.
Search by an 23B.(1) The Secretary may in writing, authorize an

investigator.
investigator−
(a) to search any person, if it is reasonably suspected

that such person is in possession of property
corruptly or illicitly acquired; or
(b) to search any premises, vessel, boat, aircraft or

other vehicle whatsoever in or which there is
reasonable cause to believe that any property
corruptly or illicitly acquired has been placed,
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deposited or concealed.
(2) The investigator authorized to make any search under

this section may make any search and, for the purpose of so
doing may enter, using any reasonable force into or upon any
premises, vessel, boat, aircraft or any other vehicle
whatsoever.
Power to bond. 23C.(1) An investigator investigating an alleged offence

may require any person to execute a bond of such sum and in
such form as may be required, subject to the condition that the
person shall duly attend court if and when required to do so.
(2) A person who fails to comply with a requirement

lawfully made under subsection (1) commits an offence and is
liable on conviction to a fine not exceeding five hundred
thousand shillings or to imprisonment for a term not exceeding
five years or to both.
(3) Notwithstanding the foregoing provisions, the powers

conferred under this section shall be exercised in accordance
Cap. 75. with the Criminal Procedure Code.
section 25A of No.3
of 2003. amended by renumbering the existing provision as subsection (1) and
inserting the following new subsection—
(2) The Commission may exercise its discretion not to institute or

continue an investigation if an allegation is found to be frivolous, vexatious
or made in bad faith.
Amendment of 10. The Anti-Corruption and Economic Crimes Act is amended by

section 25A of No.3
of 2003. repealing section 25A and replacing it with the following new section—
Cessation of 25A. (1) Despite the fact that an allegation has been made
investigations.
in good faith and substantiated, the Commission may in
consultation with the Director of Public Prosecutions, make an
undertaking not to institute or continue with investigations
against any person suspected of an offence under this Act.
(2) Where the Commission intends to take action as

specified in subsection (1), it shall identify and invite persons
with an interest in the matter to approach it for such an
undertaking within a period specified in the invitation.
(3) An undertaking under this section shall only be made in
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cases where the suspected person—
(a) makes a full and true disclosure of all material facts

relating to the specific act of corruption or
economic crime;
(b) through the Commission, pays or refunds to, or

deposits with the Commission for all persons
affected, any property or money irregularly
obtained, with interest thereon at a rate prescribed
by the Cabinet Secretary;
(c) makes reparation to any person affected by his

corrupt conduct; and
(d) pays for all loss of public property occasioned by

his corrupt conduct.
(4) The Commission shall keep a record of all its

undertakings under this section, setting out succinctly the
reasons for undertaking not to institute or continue with the
investigations, for a period of at least ten years.
(5) An interested person may object to a proposed

undertaking on the grounds that—
(a) the suspected person has not fully satisfied the

conditions set out in subsection (3); or
(b) such person has any other evidence relevant under

this section which may affect the Commission’s
decision regarding the undertaking.
(6) The Commission shall consider all objections

submitted and shall take such action as may be appropriate in
the circumstances.
(7) The Commission shall not make any undertaking in

respect of corrupt conduct or economic crime which leads to
circumstances which may cause a danger to public safety, law
and order.

section 27 of No.3
of 2003. amended by—
(a) deleting subsection (1) and substituting therefor the following new
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subsection−
(1) The Commission may by notice in writing require an

associate of a suspected person to provide, within a
reasonable time specified by the Secretary in the notice, a
written statement of the associates’ property specified in the
notice.
(b) deleting subsection (2).
section in No.3 of
2003. inserting the following new section immediately after section 27−
Deployment of 27A. (1) The Secretary may, if satisfied that there is a

special
analytical or reasonable ground for suspecting that an offence under this
detection Act or any other Act vesting other powers and functions on the
techniques and Commission, has been committed or is likely to be committed
electronic
by any person or groups of persons, may, by order authorise an
surveillance.
investigator to make use of or carry out special analytical or
detection techniques, or to make use of electronic surveillance,
taking into account the rights protected by the Constitution,
where the use of such technique or surveillance is in the
interests of justice, but only in respect of any particular case
under suspicion or investigation.
(2) The Commission may appoint or commission

handwriting or forensic experts to examine, investigate or
analyze any document, record, object or thing it has come into
possession of.
(3) A report by an expert appointed or hired in terms of or

under subsection (2) is admissible in a court and constitutes
proof of the contents thereof, unless the contrary is proved.
Amendment of 13. Section 28 of the Anti-Corruption and Economic Crimes Act, 2003
section 28 of No.3
of 2003. is amended by deleting the words “The Commission may apply, with notice
to affected parties, to the court for an order to” and substituting therefor the
words “The Commission may by notice in writing”.
section 29of No.3 of
2003. is amended−
(a) in subsection (1) by deleting the words “The Commission”

and substituting therefor the words “An investigator”;
(b) by inserting the following new subsection immediately after
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subsection (2)−
(3) Section 29(1) shall not be construed to mean that an

investigator shall in any other circumstance give notice
before entering upon and searching any premises with a
warrant.
section in No.3 of
Quarterly 35A. (1) The Director of Public Prosecutions shall prepare
accountability
reports by the quarterly reports setting out the number of reports made to the
Director of Director of Public Prosecutions under section 35, the
Public prosecutions concluded and the results and such other
Prosecutions.
statistical information relating to the reports as the Director of
Public Prosecutions considers appropriate.
(2) A quarterly report shall indicate whether a

recommendation of the Commission to prosecute a person for
corruption or economic crime was not accepted by the Director
of Public Prosecutions.
(3) The Director of Public Prosecutions shall give a copy

of each quarterly report to the Attorney-General.
(4) The Attorney-General shall submit a copy of each

quarterly report to the National Assembly.
(5) The Director of Public Prosecutions shall cause each

quarterly report to be published in the Gazette.
(6) Nothing in this section shall be construed to require the

consent of the Director of Public Prosecutions as a condition to
preferring or laying charges in court.
sections in No.3 of
Trading in 39A. (1) Any person who, whether in Kenya or elsewhere,
influence
gives or agrees to give or offer a benefit to a public officer as
an inducement or reward for or on account of such public
officer giving assistance or using influence whether real or
fictitious, or having given assistance or used influence,
whether real or fictitious in−
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(a) the promotion, execution, or procurement of any
contract or subcontract with a public body for the
provision of any service, the doing of anything or the
supplying of any article, material or substance;
(b) the payment of the price, consideration or other

moneys stipulated or otherwise provided for in any
contract or subcontract referred to in paragraph (a); or
(c) obtaining for that person or for any other person, a

benefit under any contract or sub-contract referred to
in paragraph (a);
commits an offence.
(2) A public officer who, whether in Kenya or elsewhere,

solicits, accepts or obtains a benefit as an inducement to or
reward for or otherwise on account of his giving assistance or
using influence or having given assistance or used influence
in-
(a) the promotion, execution or procurement for;
(b) the payment of the price, consideration or other

moneys stipulated or otherwise provided for in; or
(c) obtaining for that person or for any other person, a

benefit under,
contract or subcontract of the kind referred to in subsection

(1)(a), commits an offence.
Influencing a 39B. A person who exercises any form of violence, or
public officer.
pressure by means of threat, upon a public officer, with a view
to the performance by that public officer of any act in the
execution of his functions or duties, or the non-performance by
that public officer of such act, commits an offence.
Peddling 39C. (1) A person who gives, agrees to give or offers a

influence.
benefit to another person, to cause a public officer to use his
influence, real or fictitious, to obtain any work, employment,
contract or other benefit from a public body commits an
offence.
(2) A person who gives or agrees to give or offers a benefit
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to another person to use his influence, real or fictitious to
obtain work, employment, contract or other benefit from a
public body, commits an offence.
(3) A person who solicits, accepts or obtains a benefit from

any other person for himself or for any other person in order to
make use of his influence, real or fictitious, to obtain any
work, employment, contract or other benefit from a public
body, commits an offence.
(4) A public officer who solicits, accepts or obtains a

benefit from any other person for himself or for any other
person in order to make use of his influence, real or fictitious,
to obtain any work, employment, contract or other benefit
from a public body, commits an offence.
Bribery of or 39D. (1) A person who gives, or agrees to give, or offers to

by a public
officer to a public officer a benefit for−
influence the
decision of a (a) voting or abstaining from voting or having voted
public body.
or abstained from voting, at a meeting of a public
body of which he is a member, director or
employee, in favour of or against any measure,
resolution or question submitted to the public body;
(b) performing or abstaining from performing or

aiding in procuring, expediting, delaying, hindering
or preventing or having performed, or abstained
from performing or having aided in procuring,
expediting, delaying, hindering or preventing the
performance of an act by a public body of which he
is a member, director or employee;
(c) aiding in procuring, or preventing or having aided

in procuring or preventing the passing of any vote
or the granting of any contract or other advantage
in favour of any other person,
commits an offence.
(2) Any public officer who solicits, accepts or obtains a

benefit for –
(a) voting or abstaining from voting or having voted or
abstained from voting at a meeting of a public body
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of which he is a member, director or employee in
favour of or against any measure, resolution or
question submitted to the public body;
(b) performing or abstaining from performing or aiding

in procuring, expediting, delaying, hindering or
preventing the performance of, an act of a public
body of which he is a member, director or
employee; or
(c) aiding in procuring or preventing, or having aided

in procuring or preventing, the passing of any vote
or the granting of any contract or advantage in
favour of any person,
commits an offence.

section 41 of No. 3
of 2003 amended in subsection (2) by inserting the word “makes” immediately after
the word “principal”.
sections in No.3 of
False returns 41A. A person who, being in such capacity as to be

or statements.
required able or to furnish returns or statements touching on
any sum payable or claimed to be payable to himself or to any
person or touching any other matter required to be certified for
the purpose of any payment of money or delivery of goods to
be made by any person, makes a return or statement touching
any such matter which is, to his knowledge, or reasonably
expected to be within his knowledge to be false in any material
particular, commits an offence.
Intent to 41B. A person who, being a director or officer of a
defraud.
corporation or company−
(a) receives or possesses as such of any of the

property of the corporation or company otherwise
than in payment of a just debt or demand, and, with
intent to defraud, omits either to make a full and
true entry thereof in the books and accounts of the
corporation or company, or to cause or direct such
an entry to be made therein; or
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(b) does any of the following acts with intent to
defraud—
(i) destroys, alters, mutilates or falsifies any

book, document, valuable security or account
which belongs to the corporation or
company, or any entry in any such book,
document or account, or is privy to any such
act; or
(ii) makes, or is privy to the making of, any false

entry in any such book, document or account;
or
(iii)omits, or is privy to the omission of, any

material particular from any such book,
document or account,
commits of an offence.
Amendment of 19. The Anti-Corruption and Economic Crimes Act, 2003 is amended by
section 42of No.3 of
2003. repealing section 42 and replacing it with the following new section—
Conflicts of 42. (1) A person shall use the best efforts to avoid being in
interest.
a situation where personal interest conflicts or appears to
conflict with the person’s official duties.
(2) Without limiting the generality of subsection (1), a

person shall not hold shares or have any other interest in a
corporation, partnership or other body, directly or through
another person, if holding those shares or having that interest
would result in a conflict of the person’s personal interests and
performance of the person’s official or employment-related
duties.
(3) A person whose personal interests conflict with his

official duties shall declare the personal interests to the
Commission.
(4) The Commission or a public entity may give direction

on the appropriate action to be taken by the person to avoid the
conflict of interest and the person shall—
(a) comply with the directions; and
(b) refrain from participating in any deliberations with

respect to the matter.
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(5) Notwithstanding any directions to the contrary under
subsection (4), a person shall not award or influence the award
of a contract to—
(a) himself or herself;
(b) the person’s spouse or child;
(c) a business associate or agent; or
(d) a corporation, private company, partnership or

other body in which the person has a substantial or
controlling interest.
(6) In this section, “personal interest” includes the interest

of a spouse, child, business associate or agent or any other
matter in which the person has a direct or indirect pecuniary or
non-pecuniary interest.
(7) Where a person is present at a meeting, where an issue

which is likely to result in a conflict of interest is to be
discussed, the person shall declare the interest at the beginning
of the meeting or before the issue is deliberated upon.
(8) A declaration of a conflict of interest under subsection

(7) shall be recorded in the minutes of that meeting.
Amendment of 20. The Anti-Corruption and Economic Crimes Act, 2003 is amended by
section 44 of No.3
of 2003. repealing section 44 and replacing it with the following new section−
Participation in 44. A person commits an offence if he or she participates
tenders.
in a tender for the supply of goods or services to a public entity
in which he or she is serving or is otherwise similarly
associated, but the holding of shares by a person in a company
shall not be construed as participating in the tender of a public
entity unless the person has a controlling shareholding in the
company.
section in No.3 of
Colluding in 44A.Any person who colludes or attempts to collude with
tenders.
any other person to−
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(a) refrain from submitting a tender, proposal,
quotation or bid;
(b) withdraw or change a tender, proposal, quotation

or bid; or
(c) submit a tender, proposal, quotation or bid with a

specified price or with any specified inclusions or
exclusions,
commits of an offence.
section 45 of No.3
of 2003 is amended in subsection (2) –
(c) by inserting the words “or unlawfully” immediately after the

word “fraudulently” appearing in paragraph (a);
(d) by inserting the following new subparagraph immediately

after subparagraph (iii) –
(iv) works not undertaken or not undertaken in full or are

substandard.
Amendment of 23. The Anti-Corruption and Economic Crimes Act is amended by

section 46 of No.3
of 2003. repealing section 46 and replacing it with the following−
Abuse of 46. Any person who intentionally uses his office or
office.
position, in violation of law or applicable procedures and
guidelines, in the performance or failure to perform an act in
the discharge of his functions or use of position to improperly
confer a benefit on himself or another person or entity,
commits an offence.
section in No.3 of
Unlawful 46A.(1) A person who gives or agrees to give or offers an
influence.
advantage to another person, to cause a public officer to use
his influence, real or fictitious, to obtain any work,
employment, contract or other benefit from a public body,
commits an offence.
(2) A person who gives or agrees to give or offers an

advantage to another person to use his influence, real or
fictitious to obtain work, employment, contract or other benefit
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(3) A person who solicits, accepts or obtains an advantage
from any other person for himself or for any other person in
order to make use of his influence, real or fictitious, to obtain
any work, employment, contract or other benefit from a public
body, commits an offence.
(4) A public officer who solicits, accepts or obtains an

advantage from any other person for himself or for any other
person in order to make use of his influence, real or fictitious,
to obtain any work, employment, contract or other benefit
Lifestyle 46B. (1) The Commission may commence an
Audit.
investigation on a person where there are reasonable grounds
to suspect that the person—
(a) maintains a standard of living above that which is

commensurate with his present or past known
sources of income or assets; or
(b) is in control or possession of pecuniary resources

or property disproportionate to his present or past
known sources of income or assets.
(2) A person who fails to give a satisfactory explanation to

the Commission or the officer conducting the investigation
under subsection (1) as to how he was able to maintain such a
standard of living or how such pecuniary resources or property
came under his control or possession, commits an offence.
(3) Where a court is satisfied in any proceedings for an

offence under subsection (2) that, having regard to the
closeness of his relationship to the accused and to other
relevant circumstances, there is reason to believe that any
person was holding pecuniary resources or property in trust for
or otherwise on behalf of the accused, or acquired such
resources or property as a gift, or loan without adequate
consideration, from the accused, such resources or property
shall, until the contrary is proved, be deemed to have been
under the control or in the possession of the accused.
Amendment of 25. Section 47A of the Anti-Corruption and Economic Crimes Act, 2003
section 47A of No.3
of 2003 is amended in subsection (4) by inserting the words “procures, counsels,
aids” immediately after the word “who”.
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section 48 of No.3 is amended in subsection (1) by inserting the following new paragraph
of 2003
immediately after paragraph (b)−
(c) be debarred from participating in any public procurement or

asset disposal processes if the offence constitutes a
procurement irregularity.
Amendment of the 27. The heading of Part VI of the Anti-Corruption and Economic Crimes
heading of Part VI
section in No.3 of Act is amended by inserting the words “and illicit enrichment” immediately
2003. after the word “benefits”.
section in No.3 of
54A. For purposes of making a determination under

section 54, the powers and procedures provided for under Part
Cap 59B. VII of the Proceeds of Crime and Anti-Money Laundering Act
shall apply where necessary.
Amendment of 29. Section 56A of the Anti-Corruption and Economic Crimes Act is
section 56A in No.3
of 2003. amended in subsection (2) by deleting the words “the Director or Assistant
Director” and substituting therefor the word “Secretary”.
Amendment of 30. Section 56B of the Anti-Corruption and Economic Crimes Act is
section 56B in No.3
of 2003. amended in subsection (3) by inserting the words “in consultation with the
Director of Public Prosecution” immediately after the words “may”.
section in No.3 of
2003. inserting the following new section immediately after section 56C−
Other Act to 56D. For purposes of recovery, preservation and forfeiture
apply.
of proceeds of corruption or economic crime under sections
56, 56A, and 56B, the powers and procedures provided for
under Part VIII and Part IX of the Proceeds of Crime and Anti-
Cap 59B.
Money Laundering Act shall be applicable where necessary.”
Amendment of 32. Section 61A of the Anti-Corruption and Economic Crimes Act,
section 61A in No.3
of 2003. 2003 is amended−
(a) by deleting the word “Director” wherever it appears and

substituting therefor the word “Secretary”;
(b) by renumbering the existing provision as subsection (1) and

inserting the following new subsection−
(2) Subject to this Act, no civil or criminal liability shall

attach to a Commissioner, the Secretary, an investigator or any
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staff of the Commission in respect of anything done or omitted
to be done in good faith in the performance of their duties under
this Act.
section 62 in No.3
of 2003. is amended by deleting the expression “Attorney-General” wherever it
appears and substituting therefor the expression “Director of Public
Prosecution”.
Insertion of new 34. The Anti-Corruption and Economic Crimes Act, 2003 is amended
section in No.3 of
2003. by inserting the following new section immediately after section 62−
Temporary 62A. (1) This section applies in respect of a State officer or

vacation of
office. a public officer under investigation or a function of whose
office is under investigation for a corruption or economic
crime.
(2) In this section, “temporary vacation of office” means

temporary withdrawal and deprivation of powers and
privileges of an office to include, but not limited to; vacation
of office, participating in decision making, voting, supervising,
drawing of allowances, enjoying benefits linked to the office
or function.
(3) Subject to subsection (5), a State officer under

investigation or a function of whose office is under
investigation shall on notice, temporarily vacate office to
facilitate investigations on the recommendation of the
Commission to the relevant authority.
(4) Where there is no identifiable responsible office to

which a recommendation may be made, the Commission shall
require the State officer or public officer to temporarily vacate
office.
(5) The provisions of subsection (3) shall apply where the

Commission has upon preliminary investigations established
grounds to reasonably suspect that the State officer or public
officer is likely to−
(a) conceal, alter, destroy, remove records, documents

or evidence;
(b) intimidate, threaten or otherwise interfere with

witnesses; or
18
(c) interfere with investigations in any other matter.
(6) Under this section, where it is recommended or directed

for temporary vacation of office under paragraph (3), the State
officer or public officer shall temporarily vacate office for a
period of sixty days.
(7) Where a State officer or public officer refuses or

otherwise fails to vacate office within seven days of receipt of
a notice under subsection (3), the Commission shall apply
exparte to the High Court for orders to compel the State officer
to temporarily vacate office for sixty days:
Provided that the temporary vacation of office shall be

limited to performance of the functions of the office under
investigation.
(8) If the Commission does not conclude its investigations

within the sixty days of temporary vacation of office provided
for under subsection (6), the Commission shall apply to the
High Court for extension of time.
section 64 in No.3
of 2003. is amended by deleting subsection (2).
Insertion of new 36. The Anti-Corruption and Economic Crimes Act, 2003 is amended
section in No.3 of
2003. by inserting the following new section immediately after section 64−
Obligation to 64A.Every person has an obligation to report suspected

report illegal
suspected corrupt conduct or economic crime.
corrupt
conduct.
section in No.3 of
Concurrent 65A.Notwithstanding the provisions of this Act or any

criminal and
civil other law, the fact that any matter in issue in any criminal
proceedings. proceedings is also directly or substantially in issue in any
pending civil proceedings under this Part shall not be a ground
for any stay, prohibition or delay of the criminal proceedings.
section 66 in No.3
of 2003. is amended in subsection (1) by inserting the following new paragraph
immediately after paragraph (a)−
(aa) knowingly give false information to an investigator or

officer of the Commission acting under this Act.
19
Repeal of the first 39. The principal Act is amended by repealing the First Schedule.
schedule.
Amendment of 40. Section 2 of the Public Officer Ethics Act is amended−
section 2 in No.4 of
2003.
(a) by deleting the definition of the word “Minister”;
(b) by deleting the definition of the word “public officer” and

substituting therefor the following new definition−
“public officer” has the meaning assigned to it under Article 260

of the Constitution;
(c) by inserting the following new definitions in proper

alphabetical sequence−
“Cabinet Secretary” means the Cabinet Secretary responsible

for matters relating to integrity issues;
“public office” means−
(a) the Government, including the national or county

government, or any department, State organ, agency,
service or undertaking of the national or County
government;
(b) the National Assembly or the Senate or the

Parliamentary Service Commission;
(c) any corporation, council, board, committee or other

body which has power to act under and for the purposes
of any written law relating to the undertakings of a
public utility or otherwise to administer funds belonging
to or granted by the Government or money raised by
rates, taxes or charges in pursuance of any such law; or
(d) a corporation, the whole or a controlling majority of the

shares of which are owned by a person or entity that is a
public body by virtue of any of the preceding
paragraphs of this definition;
Cap. 490 (e) the management of a co-operative society established

under the Co-operative Societies Act;
(f) a public university;
20
(g) statutory public bodies; and
(h) any other body prescribed by regulation for the

purposes of this paragraph.
“public officer” has the meaning assigned to it under Article

260 of the Constitution;
“spouse” means a wife or husband;
“State corporation” means a state corporation within the

Cap.446.
meaning of the State Corporations Act;
“State officer” has the meaning assigned to it under Article

260 of the Constitution.
Amendment of 41. The Public Officer Ethics Act, 2003 is amended by repealing section
2003. 3 and replacing it with the following new section −
Determination 3. (1) This section determines what body is the responsible

of responsible
Commission. Commission for a public officer for the purposes of this Act.
(2) The Ethics and Anti-Corruption Commission

established under Article 79 of the Constitution shall be the
responsible Commission for the following categories of
persons-
(a) all State officers;
(b) the Chief of Staff and Head of Public Service;
(c) the Comptroller of State House;
(d) any person appointed by the President to an office

established under Article 132(4)(a) of the
Constitution or under an Act of Parliament;
(e) the Solicitor-General;
(f) the Chief Registrar of the Judiciary;
(g) the public officers who hold the office of

Ambassador, High Commissioner or other
principal representative of Kenya in another
country or an international organisation;
(h) the Chief Kadhi and all kadhis;
21
(i) the staff of the Ethics and Anti-Corruption
Commission; and
(j) any other public officer as may be prescribed by

Regulations.
(4) The Judicial Service Commission established under

Article 171 of the Constitution shall be the responsible
Commission for public officers in respect of which it
exercises disciplinary control and includes chairpersons and
members of tribunals and their secretariat staff, but does not
include judges, the Chief Registrar of the Judiciary,
magistrates, Chief Kadhi, and all kadhis.
(5) The Parliamentary Service Commission shall be the

responsible Commission for the public officers in respect of
which it exercises disciplinary control.
(6) The Independent Electoral and Boundaries Commission

established under Article 88 of the Constitution shall be the
responsible Commission for the public officers in respect of
which it exercises disciplinary control.
Act No. 20 of (7) The Teachers Service Commission provided for under
2012 Article 252 of the Constitution and incorporated under section
3 of the Teachers Service Commission Act shall be the
responsible Commission for teachers registered under that Act,
and for officers and employees of the Teachers Service
Commission.
Act No. 25 of (8) The Defence Council established under the Article
2012
241(5) of the Constitution shall be the responsible Commission
for members of the armed forces, within the meaning of the
Kenya Defence Forces Act, 2012.
(9) The National Intelligence Service Council established

under section 64 of the National Intelligence Service Act, 2012
Act No. 28 of shall be the responsible Commission for members of the
2012. National Intelligence Service established under that Act.
(10) The Board of Directors of the Central Bank of Kenya

established under section 3 of the Central Bank of Kenya Act,
Act. No. 12 of is the responsible Commission for officers and employees of
2003.
the following−
(a) the Central Bank of Kenya; and
22
(b) banks and financial institutions licensed under the
Banking Act that are state corporations.
(11) For the purposes of subsection (10), “officers” –
(a) includes the members of the board, by whatever

name called, carrying out or empowered to carry
out functions relating to the overall direction and
management of a bank of financial institution
described in paragraph (b), other than members
who are members of the public service for whom
the Public Service Commission is the responsible
Commission; and
(b) does not include members of the Board of Directors

of the Central Bank of Kenya.
(12) The Commission for University Education established

Act. No. 42 of
2012. under section 4 of the Universities Act, shall be the responsible
Commission for officers and employees of a public university,
including members of a council of a public university other
than members who are members of the public service for
whom the Public Service Commission is the responsible
Commission.
(13) The National Police Service Commission established

under Article 246 of the Constitution shall be the responsible
Commission for all members of the National Police Service
established under Article 243 of the Constitution, and includes
civilian members of staff of the Service.
(14) The Ethics Commission for Co-operative Societies

established under the Public Officer Ethics Regulations,2003
shall be the responsible Commission for officers of a co-
Cap 490 operative society established under the Co-operative Societies
Act, including the members of the governing body of the co-
operative society.
(15) A County Assembly Service Board established under

Act No. 17 of
2012. section 12 of the County Governments Act shall be the
responsible Commission for the Clerk of a County Assembly
and the staff of a County Assembly, as provided under section
13 of the County Governments Act.
(16) The County Public Service Board established under

Act No. 17 of
2012. section 57 of the County Governments Act shall be the
23
responsible Commission for a county public officer other than
the Clerk and staff of a County Assembly.
(17) The responsible Commission for a public officer for

which no responsible Commission is otherwise specified under
this section shall be the Public Service Commission.
(18) A body that is the responsible Commission for a

public officer by virtue of exercising disciplinary control over
that public officer remains the responsible Commission
notwithstanding the delegation of any disciplinary powers with
respect to that public officer.
Amendment of 42. Section 5 of the Public Officer Ethics Act, 2003 is amended by
2003. inserting the following new subsection immediately after subsection (4)−
(5) The Code required under this section may be made as a

separate Code or as part of a consolidated Code or the service
regulations of a Commission.
Amendment of 43. Section 12 of the Public Officer Ethics Act, 2003 is amended–
section 12 in No.4
of 2003.
(a) in subsection (4) by inserting the following new paragraph
immediately after paragraph (d) –
(e) close friends;
(b) deleting subsection (5) and substituting therefor the following

new section −
(5) For purposes of this section, the personal interests of

a public officer shall not be deemed to conflict with his
official duties with respect to a matter, if-
(a) the personal interests of the public officer are not

specific to the public officer but arise from the
public officer being a member of a class of
persons who all have personal interests in the
matter;
(b) it would be impractical for the public officer and

all other public officers who have personal
interests in the matter to refrain from
participating in deliberations with respect to the
matter; and
24
(c) either the personal interests of the public officer
are obvious or the public officer declares in
writing, his personal interests to his superior or
other appropriate body or person.
Amendment of 44. Section 16 of the Public Officer Ethics Act is amended–

section 16 in No.4
of 2003.
(a) in subsection (2) by deleting the words “A public officer” and
substituting therefor the words “An appointed public officer”;
(b) by deleting subsection (3) and substituting therefor the

following−
(3) This section does not apply to a member of Parliament

or a member of a County Assembly.

section 22 in No.4
of 2003.
(a) by deleting paragraph (a) and substituting therefor the
following−
(a) selected on the basis of integrity, competence, suitability,

and any other criteria set out under the Constitution or
any written law;
(b) in paragraph (b) by inserting the words “free and ”immediately

before the word “ elections”.
Insertion of new 46. The Public Officer Ethics Act is amended by inserting the following
section in No.4 of
2003. new section immediately after section 22−
Guidelines on 22A.The Ethics and Anti-Corruption Commission shall

integrity
vetting. develop guidelines on vetting on the integrity of public and
State officers to be applied by public institutions in selecting
and recruiting public and State officers.
Amendment of 47. The Public Officer Ethics Act, 2003 is amended by repealing
section 25 in No.4
of 2003. section 25 and replacing it with the following−
Reporting 25. (1) If a public officer considers that anything required

improper
orders. of him is in contravention of the Code of Conduct or is
otherwise unlawful, improper or unethical, the public officer
shall report the matter to the Ethics and Anti-Corruption
Commission.
(2) The Ethics and Anti-Corruption Commission shall
25
upon receipt of a report under sub section (1) render an
advisory opinion on the legality or otherwise of the matter
reported to the officer reporting and the accounting officer of
the relevant public entity.
section 26 in No.4
of 2003.
(a) in subsection (1) by inserting the following provision-
Provided that State officers shall submit their declarations

to the Ethics and Anti-Corruption Commission and a
duplicate copy thereof, to their respective responsible
Commissions except where the Ethics and Anti-Corruption
Commission is also the State officer's responsible
Commission.
(b) By inserting the following new subsections immediately after

subsection (2)–
(3) A public officer shall only be required to file one

comprehensive declaration even if they have several
engagements.
(4) The Cabinet Secretary may, for reasons, period and

conditions to be specified in a notice in the Gazette, and
upon receipt of an application from the relevant Commission,
dispense with the requirement of a public officer or specified
categories of public officers to submit declarations under sub-
section (1), if the said public officer or category of public
officers is actively engaged in an assignment of national
importance or other just cause at the time the submission of
their declaration or declarations falls due.
Amendment of 49. The Public Officer Ethics Act is amended by repealing section 28
section 28 in No.4
of 2003. and replacing it with the following new subsection—
Clarifications. 28.(1) A person who has submitted a declaration to a

Commission may amend the declaration or provide, without
undue delay, any clarification requested by the Commission if
the request is in writing and is made, within six months after
the declaration was submitted to the Commission.
(2) Without limiting what a request for clarification may

include, such a request may include—
(a) a request that any information that may have been

omitted be provided; or
26
(b) a request that any discrepancy or inconsistency,
including a discrepancy or inconsistency arising
because of information other than information
included on the declaration, be explained or
corrected.
(3) No further amendments to the declaration shall be

allowed six months after the declaration.
Amendment of 50. Section 29 of the Public Officer Ethics Act is amended by inserting
section 29 in No.4
of 2003. the following proviso−
Provided that a Commission may allow a person who has submitted

a declaration or provided a clarification, to amend the same within a
period of six months of the making of the declaration or
clarification.
Amendment of 51. Section 30 of the Public Officer Ethics Act is amended by inserting
section 30 in No.4
of 2003. the following new subsection immediately after subsection (3)−
(4) Notwithstanding the provisions of sub-section (1), the

following bodies shall have unrestricted access to the declaration or
clarification of a State officer or a public officer—
(a) the Ethics and Anti-Corruption Commission;
(b) the National Police Service;
(c) the National Intelligence Service;
(d) the Kenya Revenue Authority;
(e) the Assets Recovery Agency;
(f) the Financial Reporting Centre;
(g) the public entity that has employed a State officer or a

public officer; and
(h) any other law enforcement agency as may be prescribed

by regulation.
Amendment of 52. The Public Officer Ethics Act is amended by repealing section 31
section 31 in No.4
of 2003. and replacing it with the following new section−
Retention of 31.(1) A Commission shall keep the information collected

information.
27
under this Part concerning a State officer or a public officer for
a period of ten years after the declaration was made (statement
date) and for at least five years after a person has ceased to be
a public officer.
(2) After the lapse of the timelines set out under sub-
section (1), a Commission may destroy or dispose of in any
appropriate manner, the information or a declaration collected
under this Part, including any past declaration:
Provided that any person may, for a good cause, apply

to the appropriate Commission for the retention of the
declaration of a particular State officer or public officer or
certain categories of declarations or the information
contained therein, for a longer period.
Insertion of a new 53. The Public Officer Ethics Act is amended by inserting the following
section in No.4 of
2003. new section immediately after section 31−
Electronic 31A. Every responsible Commission shall develop and

platform.
maintain an electronic platform for submission, retention,
storage, archiving and access of declarations of income, assets
and liabilities or a clarification of the contents of a declaration.
section 32 in No.4
of 2003.
(a) in the marginal note by inserting the words “and disciplinary
action” immediately after the word “offences”;
(b) by renumbering the existing provision as subsection (1);
(c) by inserting the following proviso in subsection (1)−
Provided that where a Commission considers that it may

not have sufficient evidence for mounting a prosecution or
that having taken into consideration the surrounding
circumstances of each case, it considers that the ends of
justice may not be served if a prosecution were to be mounted
against a particular public officer or certain categories or
classes of public officers, the Commission may initiate
alternative appropriate disciplinary measures provided for in
the Code of Conduct and Ethics of a Commission and
prescribed by the relevant service regulations of the
Commission.
(d) by inserting the following new subsections immediately after

subsection (1)−
28
(2) A Commission shall submit an annual report to the
Cabinet Secretary, and the Ethics and Anti-Corruption
Commission in respect of−
(a) levels of compliance;
(b) particulars of non-compliance;
(c) action taken against State officers or public

officers who are non-compliant;
(d) recommendations; and
(e) any other information prescribed by

regulation.
Provided that the Cabinet Secretary or the Ethics and

Anti-Corruption Commission may require that a
Commission shall submit a report with respect to any
allegation addressed through the disciplinary proceedings
in the proviso above at any time.
(3) The Cabinet Secretary may publish in the Gazette, the

information, or part thereof, submitted by a Commission
under subsection (3).
section 33 in No.4
of 2003. inserting the following new subsection immediately after subsection (4)−
(5) In its administrative procedures under this Part, a Commission

shall, subject to the applicable laws regarding access to information
collected by each Commission, provide for the establishment and
operation of an electronic platform for the submission, retention,
storage, archiving, analysis and access to the declarations or
clarifications of public officers within its jurisdiction.
Amendment of 56. Section 34 of the Public Officer Ethics Act is amended –

section 34 in No. 4
of 2003
(e) in subsection (1) by deleting the word “Minister” and
substituting therefor the words “Cabinet Secretary”;
(f) in subsection (2) by deleting the word “Minister” and

substituting therefor the word “Cabinet Secretary”.
section 35 in No.4
29
(5) A Commission that receives a written complaint that the Code

of Conduct and Ethics has been contravened shall, within thirty days,
give the complainant a written confirmation that the complaint has
been received.
section 36 of No. 4
of 2003. deleting subsection (5) and substituting therefor the following new
subsection−
(5) Where a Commission undertakes investigations and concludes

that a public officer is in breach of the Code of Conduct and Ethics,
the concerned Commission or public entity which has disciplinary
control over the officer may, subject to any restrictions or
immunities provided for under the Constitution or an Act of
Parliament, impose the following disciplinary measures against the
concerned officer−
(a) warning;
(b) reprimand;
(c) suspension from office;
(d) delay of promotions;
(e) deferment of salary increment;
(f) forfeiture of not more than one-third monthly salary
for not more than twelve months;
(g) dismissal;
(h) restitution of any pecuniary benefits received

because of the violation committed;
(i) a civil penalty for loss occasioned by the violation

committed; and
(j) withdrawal of privileges for a specified period.
Amendment of 59. Section 37 of the Public Officer Ethics Act, 2003 is amended in
section 37 in
No.4 of 2003. subsection (1) by inserting the words “by publication in the Gazette and at
least one daily newspaper with national circulation” immediately after the
word “public’.
Amendment of 60. The Public Officer Ethics Act, 2003 is amended by repealing section
30
section 38 in 38 and replacing it with the following new section−
No.4 of 2003.
Referral for 38. If, as a result of an investigation under this Part, the
possible civil
or criminal Commission is of the view that civil proceedings or criminal
proceedings. proceedings ought to be considered, the Commission may refer
the matter to the Attorney-General, in the case of civil
proceedings, or to the Director of Public Prosecutions, in the
case of criminal proceedings.
Insertion of a new 61. The Public Officer Ethics Act is amended by inserting the following
section in
new section immediately after section 38 −
No.4 of 2003.
38A.Where a Commission undertakes investigations and

concludes that a public officer is in breach of the Code, the
concerned Commission or public entity which has disciplinary
control over the officer may, subject to any restrictions or
immunities provided for under the Constitution or an Act of
Parliament, impose the following disciplinary measures against
the concerned officer−
(a) warning;
(b) reprimand;
(c) suspension from office;
(d) delay of promotions;
(e) deferment of salary increment;
(f) forfeiture of not more than one-third monthly
salary for not more than twelve months;
(g) dismissal;
(h) restitution of any pecuniary benefits received
because of the violation committed;
(i) a civil penalty for loss occasioned by the violation;

and
(j) committed; and
(k) withdrawal of privileges for a specified period.
Amendment of 62. Section 42 of the Public Officer Ethics Act is amended in section 42
Section 42 of No. 4
of 2003. by deleting the word “Minister” and substituting therefor the words “Cabinet
Secretary”.
31
Amendment of the 63. The Public Officer Ethics Act is amended by deleting the Schedule
Schedule to
No.4 of 2003. and substituting therefor the following new Schedule-
SCHEDULE (s.62)
32
REPUBLIC OF KENYA
Public Officer Ethics Act
(No. 4 of 2003)
DECLARATION OF INCOME, ASSETS AND LIABILITIES
The attention of all public officers is drawn to their obligation to declare their Income, Assets and
Liabilities under the Public Officer Ethics Act (No. 4 of 2003). Public officers are advised to
familiarize themselves with the provisions of the Act and the applicable Code of Conduct and Ethics
for their respective responsible Commissions.
GUIDELINES ON THE COMPLETION OF THE DECLARATION OF INCOME, ASSETS AND

LIABILITIES FORM
A public officer should read these guidelines carefully and follow the instructions in the form before
completing it. When completing the form, a public officer shall write legibly, type or print the required
information.
1. The form is obtainable for free from any responsible Commission or may be downloaded from
the Ethics and Anti-Corruption Commission website (www.eacc.go.ke) or from the websites of
other responsible Commissions.
2. Where a responsible Commission has a web application for filing the declaration, a public officer
may fill and submit the declaration online. In such a case, a physical signature or delivery
acknowledgment slip will not be necessary.
3. The declaration is for the income, assets and liabilities of a public officer, his spouse or spouses
and his dependent children under the age of 18 years.
4. All public officers are required to complete and submit their declarations to their respective
responsible Commissions, unless the relevant responsible Commission has delegated its functions
to another body or the authorised officer of the concerned public officer or public officers.
5. The obligation to make declarations applies to all public officers including those on leave, under
disciplinary action, secondment and overseas assignments, unless the Cabinet Secretary has
granted a dispensation exempting an officer or a certain category of public officers from filing
their declarations, for reasons to be published in the Gazette.
6. The responsibility of ensuring that a declaration has been received by the appropriate responsible
Commission or its agent lies on the public officer. Provided that where a public officer sends the
33
form under confidential cover directly to the responsible Commission, the officer should label the
envelope with the words “Declaration of Incomes, Assets and Liabilities”. The organization and
job group of the officer should also be indicated on the envelope.
7. A public officer is required to complete an initial declaration within thirty days of appointment
and the statement date of the declaration will be the date the officer became a public officer.
8. A public officer is required to make a biennial declaration on or before the 31st day of December
every other year or as may be provided for under the Act. The statement date for the biennial
declaration will be 1st of November of the year in which the declaration is required.
9. A public officer is required to make a final declaration within thirty days of ceasing to be a public
officer. The statement date of the final declaration shall be the date the public officer ceased to be
a public officer.
10. A person submitting a declaration or providing a clarification shall ensure that the declaration or
clarification is correct to the best of their knowledge.
11. If space on the form is not adequate, additional information may be included on separate sheets,
while clearly indicating the number and paragraph being continued.
12. For each form submitted, there will be an acknowledgment slip issued by the responsible
Commission or its agent.
13. Where a declaration is submitted electronically in accordance with the regulations made under
this Act or administrative procedures adopted by a responsible Commission or any other
competent authority, the declaration shall be valid notwithstanding the absence of a signature or
acknowledgement stamp or receipt or slip.
14. Income, assets and liabilities that a public officer may have outside Kenya, should be declared.
Joint assets, properties, personal and business accounts within and outside Kenya should also be
declared.
15. A public officer who fails to submit a declaration or clarifications thereof without undue delay or
submits false or misleading information in such declaration or clarification commits an offence
and is liable, on conviction, to fine not exceeding one million Kenya shillings or to imprisonment
for a term not exceeding one year or both.
16. Where a public officer has contravened the provisions of the Code of Conduct and Ethics relating
to the declaration of Income, Assets and Liabilities, appropriate disciplinary action will be taken
by the relevant responsible Commission, or other appropriate authority, in accordance with the
applicable disciplinary procedures.
PART I: INFORMATION ON PUBLIC OFFICER
1.) Personal Information (Please tick (√) where appropriate)
34
(a) Declaration Status
Initial Biennial Final
(b) Name of Public Officer (Self)
Surname First Name Other Names
ID No. Employee/Co-operative Society PIN Passport No. Expiry Date of

No. Passport
(c) Birth Information
Date of Birth Place of Birth Nationality Mode of acquisition of

nationality (e.g. birth,
registration, etc)
County Sub-County Location Sub-location Village
(d) Sex (e) Marital Status
Male Female Married Single Other _________________
(f) Address
Postal address Residence(Area/County) Telephone contacts E-mail address
(g) Employment Information
Name of employer Job Group/Grade/Scale Date of First Date of Present

appointment appointment
Designation Position Rank
Work Station Sub-County County
(h) Nature of employment
Permanent Temporary Contractual Others (specify)

______________________
Offers of future Membership of remunerative Date of Retirement (if Expected date of expiry of
employment Boards and Committees on Permanent and/or contract or temporary
Pensionable employment or membership of
remunerative Boards or
35
employment) Committees
2.) Information on spouse(s)

Surname First name Other names ID No. PIN Occupation
3.) Particulars of dependent children under the age of 18 years

Surname First name Other names Date of Birth
PART II: INCOME, ASSETS AND LIABILITIES

(1) Income
This includes but is not limited to–
(a) General Income;
(b) Business Income (e.g. from companies, partnerships etc.)
Type of income Self Spouse(s) Dependant(s) Total (Kshs.).
(2) Assets
(A) Financial assets
These include but are not limited to-
(a) Cash in Banks and Financial Institutions;
36
(b) Bonds, Stock and Shares (including shares in cooperatives, private and public companies)
Name and Branch of Account Name/ CDSC Account Number/ Balance as at the Balance as at
bank/Financial account/ Share CDSC account/ beginning of statement
Institution / Certificate/SACCO Share statement date(Kshs.)/Curre
Organization in Membership number Certificate/SACCO period(Kshs.) /No. nt Market value
which held Membership of Shares/ (Kshs.)
number. Acquisition value
(Kshs.)
Self
Spouse(s)
Dependant(s)
(B) Movable and Immovable assets.

(i) Houses, Land, Leasehold interests, Buildings;
37
(ii) Motor vehicles, plant and machinery, water vessels, generating plant, aircraft;
(iii) Other assets (e.g. assorted household goods, jewellery, pets, artifacts and other works of
art).
Location Acquisition Details
Self Description Identification- Location of Country Date Acquired Means of Value at Current
e.g. acreage, g, on particulars asset acquisition (gift, acquisition market
Make/Type, e.g. LR. No. purchase, (Kshs.) price
(Kshs.)
Capacity/Size Registration mortgage,
Number, inheritance etc)
serial number.
Spouse(
s)
Depend
ant(s)
38
(C) Debtors
Nature of debt Name of debtor Nationality of Date incurred Outstanding amount as

(money, stock in debtor at statement date
shop etc) Current market price
(Kshs.)
Self
Spouse(s)
Dependant(s)
(D) Intellectual property

Description Certificate No./Registration Approximate value
No./Identifying No.(where Current market price
applicable) (Kshs.)
Self
39
Spouse(s)
Dependant(s)
(3) Liabilities

a.) Liabilities in banks / financial institutions (Business loans, personal loans, overdraft, mortgage,
SACCO loans, etc)
b.) Other Liabilities (rent, levies, school fees, license fees, utility bills etc)
c.) Donations and charitable contributions
Description Creditor Date Nationalit Location of Amount Outstanding

name and incurred y of security advanced amount as at
address creditor (Gross value statement date
of credit) Current market
(Kshs.) price (Kshs.)
Self
Spouse(s)
40
Dependan
t(s)
PART III: ADDITIONAL INFORMATION

Give any other information you may consider relevant and useful to your declaration
………………………………………………………………………………………………………………
………………………………………………………………………………………………………………
………………………………………………………………………………………………………………
………………………………………………………………………………………………………………
……………….......................................
PART IV: DECLARATION

I, ………………………………..........................................., solemnly declare that the information I have
given above is true, complete and correct to the best of my knowledge.
Date : ………………………………………………………..
Signature of Public Officer: .................................................……………………………………………
FOR OFFICIAL USE

1. Date of declaration : …………………………………………
2. Date of receipt of declaration : …………………………………………
3. Action taken : …………………………………………
(a) Acknowledgement Slip issued: …………………………………..

(b) Filed : ………… …………………………………………….
(c) Sent for verification / clarification:
………………………………….…………
(d) Comments:
…………………….........................................…………….............
.................………………………………………………………
……………………………………………………………………………
……………………………………........................................................
Name of Receiving Officer : ……………………………………………………………

Signature : …………………………………………………………….
DECLARATION OF INCOME, ASSETS AND LIABILITIES

ACKNOWLEDGEMENT SLIP
Name of responsible Commission:…………………………………………………………………...................
41
Name of Agent of responsible Commission (where applicable, e.g. Principal Secretary, Ministry of …) :
………………………………………………………...........................................................................................
Name of Public Officer : ……………………………………………………………………
Personal/ Employee No. : ……………………………………………………………………...
Address : …………………………………………………………………….
Date of submission : ……………………………………………………………………..
Delivered by : ………………………………………………………………….
Comments : ………………………………………………………………………
…………………………………………………………………………
…………………………………………………………………………
…………………………………………………………………………
…………………………………………………………………………
……………………………………………………………...................
Name : ………………………………………………………………………
For: (Name of responsible Commission or agent)
Signature : ……………………………………………………………..
Date : ……………………………………………………….
Stamp : ………………………………………………………. ….
…………………………………………………………
Amendment of 64. Section 34 of the Judicial Service Act is amended in subsection (2) by
section 34 of No. 1
of 2011. inserting the following new paragraph immediately after paragraph (k)−
(ka) the Secretary or Chief Executive Officer of the Ethics and Anti-
42
Corruption Commission or his or her representative appointed in
writing.
Amendment of 65. Section 2 of the Ethics and Anti-Corruption Commission Acts amended
section 2 of No.22
of 2011. by inserting the following new definition in proper alphabetical sequence−
“ corrupt conduct” includes−
(a) any conduct or practice by any person that adversely affects

or could adversely affect, either directly or indirectly, the
honest and impartial exercise of official functions by any
public officer or any public body;
(b) any conduct or practice of a public officer that constitutes or

involves the dishonest or partial exercise of any of his
official functions;
(c) any conduct or practice of a public officer or former public

officer that constitutes or involves a breach of public trust;
or
(d) any conduct or practice of a public officer or former public

officer that involves a misuse of information or material that
he has acquired in the course of his official functions
whether for his benefit or for the benefit of any other person.
Amendment of 66. Section 4 of the Ethics and Anti-Corruption Commission Act, 2011 is
section 4 of No.22
of 2011. amended by renumbering the existing provision as subsection (1) and inserting
the following new subsection-
(2) The Commission shall be properly constituted if it consists of

at least three members.
Amendment of 67. Section 13 of the Ethics and Anti-Corruption Commission Act is

section 13 of No.22
of 2011. amended−
(a) in subsection (2), by inserting the following new paragraphs

immediately after paragraph (e)−
(f) summon and enforce attendance of any person for

examination; and
(g) require the discovery and production of any

document.
(b) by inserting the following new subsection immediately after
43
subsection (2)−
(3) In a trial for prosecution of corruption or

economic crime or civil proceeding instituted by the
Commission in the exercise of its mandate, a report,
record or document from a government office prepared
or produced pursuant to any written law shall, in absence
of any evidence to the contrary, be admissible and is
proof of the contents thereof without calling the maker,
if it is accompanied by a certificate of a competent
officer of the institution.
Amendment of 68. Section 17 of the Ethics and Anti-Corruption Commission Act is

section 17 of No.22
of 2011. amended−
(a) in subsection (1) by deleting the words “by the Commission for”
appearing immediately after the word “office” and substituting
therefor the words “on any of the following grounds”;
(b) by deleting subsection (2) and substituting therefor the following

new subsection−
(2) Where the question of removal of the Secretary

arises under sub-section (1), the Commission or any other
interested party shall present a petition to the National
Assembly setting out the facts constituting the grounds upon
which the intended removal is sought.
(c) by inserting the following new subsections immediately after

subsection (2)−
(3) The National Assembly shall consider the petition

and, if it is satisfied that it discloses a ground under
subsection (1), shall send the petition to the Chief Justice for
appointment of a tribunal.
(4) The tribunal shall consist of−
(a) a person who holds or has held office as a

judge of a superior court, who shall be the
chairperson;
(b) a person who is qualified to be appointed as

a judge of the High Court; and
(c) one other member who is qualified to assess
44
the facts in respect of the grounds for
removal.
(5) The tribunal shall within sixty days investigate the

matter and advice the Commission of its decision, which
shall be binding.
(6) Notwithstanding any other provision in this section,

and section 16(4) of this Act, the Secretary shall, unless his
office becomes vacant by reason of his death or resignation,
continue in office until a replacement is appointed in
accordance with this Act.
Amendment of 69. Section 2 (1) of the Commission on Administrative Justice Act is

section 2 of No.23
of 2011. amended in the definition of “administrative action” by inserting the following
new paragraph immediately after paragraph (d) –
(e) fair administrative action within the meaning of Article 47 of the

Constitution.
Amendment of 70. Section 3 of the Commission on Administrative Justice Act is

section 3 of No.23
of 2011. amended in subsection (1) by inserting the expression “(Office of the
Ombudsman)” immediately after the word “Justice”.

section 30 of No.23
of 2011. amended by deleting paragraphs (a), (b) (d) and (g).

section 44 of No.23
of 2011. amended by inserting the words “or declare the person ineligible to hold public
office” immediately after the word “authority”.
Insertion of a new 73. The Commission on Administrative Justice Act is amended by

section inNo.23 of
51A. (1) The Commission may inquire into matters raised in the
correspondence referred to in section 51.
(2) The Commission shall have power to access any prison,

remand or mental institution for purposes of taking complaints provided
that it gives the concerned prison, remand or mental institution a notice
of at least seven days before accessing such a facility.
Amendment of 74. Section 22 of the Elections Act, 2011 is amended in subsection (1) (a)
section 22 of No. 24
of 2011. by inserting the words “the Leadership and Integrity Act” immediately after the
word “Constitution”.
45
Amendment of 75. Section 15 of the Mutual Legal Assistance Act is amended by
(9) A person who at the request of a requesting state consents to

give evidence in a proceeding or to assist in an investigation,
prosecution or judicial proceedings in the requesting state shall not be
prosecuted or subjected to any other restriction of his or her liberty in
that territory in respect of acts, omissions or convictions prior to his or
her departure from the requesting state and the persons safe passage to
the requesting state shall be guaranteed.
Amendment of the 76. Section 5 of the Leadership and Integrity Act is amended by
section 5 to No.19
of 2012. renumbering the existing provision as subsection (1) and inserting the
following new subsections−
(2) The Commission shall in writing inform the public entity

or authorised officer it wishes to delegate its powers and
functions to, setting out the terms and conditions of the
delegation.
(3) A public entity or an authorized officer who fails to

comply with the terms of the delegation provided for under
subsection (1), commits an offence.
Amendment of the 77. Section 11 of the Leadership and Integrity Act is amended by inserting
section 11 of No.19
of 2012. the following new paragraphs immediately after paragraph (e)−
(f) observe official working hours and not be absent without proper
authorisation or reasonable cause; and
(g) maintain an appropriate standard of dress and personal hygiene.
Amendment of the 78. The Leadership and Integrity Act is amended by repealing section
section 12A of
No.19 of 2012. 12A.
Amendment of the 79. Section 13 of the Leadership and Integrity Act is amended−
section 13 of No.19
of 2012.
(a) in subsection (1) by deleting the words “subject to the Public
Officer Ethics Act";
(b) by inserting the following new subsections immediately after

subsection (2)−
(3) Upon receipt of the self-declaration form required under

sub-section (2), the Independent Electoral and Boundaries
Commission may refer a self-declaration form to the
46
Commission, for a determination as to whether the self-
declaration form discloses compliance or non-compliance with
Chapter Six of the Constitution or this Act.
(4) Upon receipt of the self-declaration provided for under

sub-section (3), the Commission may make appropriate
recommendations to the concerned public entity, including to
the Independent Electoral and Boundaries Commission in case a
self-declaration made under sub-section (2) is referred to the
Commission.
(5) Any person intending to be appointed to a State office

shall submit to the Commission a self-declaration form in the
form set out in the First Schedule.
(6) Upon receipt of a self-declaration form under sub-section

(5), the Commission may issue a confidential report to an
interested public entity or a third party who may require such
information for purposes of determining whether the declarant is
a fit and proper person for purposes of recruitment,
appointment, retention or promotion to a position in a State
office or a public office that the declarant has applied for.
section 14 of No.19
of 2012. inserting the following new subsection immediately after sub section (6)−
(6A) A State officer who does not comply with the provisions of
subsections (3), (4) or (5) commits an offence and is liable, on
conviction, to a fine of not less than five hundred thousand shillings, or
to imprisonment for a term not exceeding five years, or to both.
Amendment of the 81. Section 16 of the Leadership and Integrity Act is amended by−
section 16 of No.19
of 2012.
(a) inserting the following proviso in sub section (12)−
Provided that a State or public officer shall be required to

declare and record in the register any conflict of interest within
one month of assuming a State or public office.
(b) inserting the following new subsection immediately after sub

section (14)−
(15) Any person who contravenes the provisions of this

section commits an offence and is liable, on conviction, to a fine
not more than five million shillings, or to imprisonment for a
term not exceeding ten years, or to both.
47
Amendment of 82. Section 17 of the Leadership and Integrity Act is amended by
section 17 of No.19
of 2012. renumbering the existing provision as subsection (1) and inserting the
following new subsection-
(2) A State officer or a public officer who participates in a

tender for the supply of goods or services to a public entity in
which he or she is serving or is otherwise similarly associated,
commits an offence.
Insertion of new 83. The Leadership and Integrity Act is amended by inserting the
section in No. 19 of
2012. following new section immediately after section 17−
Inquiry into 17A. (1) A State officer or public officer serving in a public
complaints.
body that exercises an oversight function shall not participate
whether in person or through a company in which he or she
holds a controlling interest in a tender for the supply of goods or
services to a public entity for which the public body he or she
serves provides oversight.
(2) A State officer or a public officer who violates subsection

(1) commits an offence.
section 19 of No.19
of 2012. inserting the following new subsection immediately after subsection (6) –
(7) Any State officer or public officer who fails to submit certified
statements of accounts by the foreign bank where he operates an
account to the Commission commits an offence.
Amendment of the 85. Section 20 of the Leadership and Integrity Act is amended in
section 20 of No.19
of 2012. subsection (1) by deleting the words “except when acting in the course of
official duty”.
section 23 of No.19
of 2012. subsection (1) by deleting the words “other than a Cabinet Secretary or a
member of a County Executive Committee”.
section 29 of No.19
of 2012.
(a) renumbering the existing provision as subsection (1);
(b) inserting the following new subsection immediately after

subsection (1)−
(2) A State officer who knowingly gives false or misleading

information to any person, commits an offence.
48
section 30 of No.19
of 2012.
(a) renumbering the existing provision as subsection (1);
(b) inserting the following new subsection immediately after

subsection (1)−
(2) A State officer who falsifies any records or misrepresents

information to the public, commits an offence.
section 31 of No.19
of 2012. the following new subsections immediately after subsection (2)−
(3) A person who takes office before officially renouncing their

other citizenship commits an offence.
(4) A person who holds dual citizenship who fails to disclose the
dual citizenship in the prescribed manner commits an offence and shall
be liable, on conviction, to a fine not exceeding five million shillings
or imprisonment for a term not exceeding three years or both.
(5) A person who holds dual citizenship and uses the dual
citizenship to gain unfair advantage or to facilitate the commission of
or to commit a criminal offence, commits an offence and shall be
liable, on conviction, to a fine not exceeding five million shillings or to
imprisonment for a term not exceeding three years or to both.
(6) Upon investigations, the Commission shall make an application

to the High Court for removal of a State officer who has assumed
office without renouncing the other citizenship.
section 34 of No.19
of 2012.
(a) in the marginal note by inserting the words “and sexual
harassment" immediately after the word “bullying”;

subsection (2)−
(3) A public officer shall not sexually harass a member of the

public or a fellow public officer.
(4) In subsection (3), “sexual harassment” includes doing any

of the following, if the person doing it knows or ought to know
that it is unwelcome—
49
(a) making a request or exerting pressure for sexual
activity or favours;
(b) making intentional or careless physical contact that is

sexual in nature; and
(c) making gestures, noises, jokes or comments,

including innuendoes, regarding another person’s
sexuality.
section 37 of No.19
of 2012.
(a) in subsection (2) by inserting the words “with explicit provision for
sanctions for non-compliance” immediately after the word
“satisfied”.

subsection (2)—
(3) The Commission shall designate and gazette relevant

public entities as responsible Commissions for purpose of
enforcement of the Act.
(4) The Commission shall provide guidelines for the

development of specific Leadership and Integrity Codes by
public entities.
section 41 of No.19
of 2012. the following new subsection immediately after subsection (2)–
(3) While granting orders pursuant to an application under subsection

(2), the High Court may issue a declaration to the effect that the
concerned State officer is non-compliant with Chapter Six of the
Constitution.
section 42 of No.19
of 2012.
(a) by deleting subsection (9) and substituting therefor the following
new subsection−
(9) If an investigation discloses that a public officer has

contravened the Code of Conduct and Ethics, the public entity
or an authorized officer shall take disciplinary action against the
State officer.
(b) in subsection (10) by inserting the expression “(1)” immediately
50
after the word “subsection”.
Insertion of a new 94. The Leadership and Integrity Act is amended by inserting the
section in No.19 of
2012. following new section immediately after section 42−
Investigation of 42A. (1) For the purpose of investigating ethical breaches,

ethical breaches.
the Commission may—
(a) summon and enforce the attendance of any person

for examination;
(b) require the discovery and production of any

document; and
(c) subject to the Constitution and any other law,

requisition any public record or copy thereof from
any public officer.
(2) A person who neglects or fails to comply with a

requirement under this section commits an offence.
section 43 of No.19
of 2012. subsection (1) by inserting the following new subsections immediately after
subsection (1)−
(1A) The Commission may on its own initiative investigate any

ethical breaches and take appropriate action which may include
referral to the Director of Public Prosecutions or other relevant
agencies for action.
(1B) Where the concerned State officer is subject to the Kenya

No. 25 of 2012.
Defence Forces Act, the matter shall be referred to the Director of
No. 25 of 2012. Military Prosecutions appointed under section 213 of the Kenya
Defence Forces Act.
section to No. 19 of
2012. following new sections immediately after section 44−
Register. 44A. The Commission shall keep and maintain a Register of

persons declared ineligible to hold public office.
Decision of 44B. The decisions, recommendations or determinations of

Commission
binding. the Commission shall be binding upon the public officers or
public institutions they are made against provided that any
person aggrieved by the decisions, recommendation or
determinations shall have the right to approach the High Court
for redress.
51
section in No.19 of
Sanctions for 47A. (1) Notwithstanding the criminal sanctions prescribed

ethical breaches.
by the Act, a public entity may, where appropriate, impose any
one or more of the following sanctions against a State officer
for ethical breaches−
(a) warning and caution;
(b) demotion;
(c) suspension;
(d) dismissal;
(e) advising the State officer to resign from the office to

which the breach relates;
(f) imposition of other penalties provided for under the

rules of discipline governing the public entity the State
officer is responsible to;
(g) initiating action for the State officer to be dealt with

under the appropriate law;
(h) withdrawal of state commendation or awards given;
(i) withdrawal of privileges for a specified period, and
(2) In addition to the sanctions provided under

subsection (1), a person who has been found to have committed
an ethical breach may be required to tender a public apology for
the ethical breach, under such conditions as the Commission
may determine.
Mechanism for 47B. (1) Where a State officer is found to have breached the
removal of
certain State Code and notwithstanding the sanctions provided for a breach,
officers for the Commission may make an application to the High Court for
breach of a declaration to the effect that a particular State officer has
Chapter Six of
the Constitution. contravened the provisions of Chapter Six and is, therefore, not
fit to hold public office.
(2) The declaration issued by the High Court under sub-

section (1) shall be presented to the Speakers of the appropriate
House of Parliament or County Assembly, and the Independent
Electoral and Boundaries Commission.
52
section in No.19 of
Inquiry into 51A. (1) The Commission may inquire into matters raised in
complaints.
the correspondence referred to in section 51.
(2) The Commission shall be allowed access to any

prison, remand or mental institution for purposes of taking
complaints provided that it gives the concerned prison, remand
or mental institution a notice of at least seven days before
accessing such a facility.
section in No.19 of
Vetting for 52A. (1) The Commission may, on an application by any

compliance with
Chapter Six of person, issue a certificate to that person or any other interested
the Constitution. person or institution, confirming that, based on the information
available to the Commission at the time, a particular State
officer or a candidate for election or appointment to a State
office is compliant or not compliant with some or all of the
provisions of Chapter Six of the Constitution and this Act.
(2) Before issuing the certificate referred to under sub-

section (1), the Commission may consult with relevant law
enforcement agencies, professional associations, and public
bodies, including–
(a) the Directorate of Criminal Investigations;
(b) the National Intelligence Service;
(c) the Kenya Revenue Authority;
(d) the Office of the Director of Public Prosecutions;
(e) the Independent Electoral and Boundaries

Commission;
(f) the Department of Immigration;
(g) relevant responsible Commission in case of a serving

or retired State officer or public officer;
(h) the Registrar of Bankruptcy;
53
(i) Credit Reference Bureau;
(j) a professional body (if the applicant or candidate is a

member of a professional body); and
(k) any other person or body prescribed by regulation.
(3) Where the Commission issues a certificate under sub-

section (1) confirming that a particular State officer or a
candidate for election or appointment to a state office is not
compliant with one or all the provisions of Chapter Six of the
Constitution or this Act, that State officer or candidate shall not
be eligible for election or appointment to a state or public
office.
(4) A certificate of compliance issued under this section

shall be valid for one year from the date of issuance:
Provided that the Commission may, upon giving notice

to any concerned person to make representations within a
period of not more than fourteen days, recall or revoke a
certificate of compliance issued under this section if it
receives new information raising doubts about the integrity
of the person in whose favour the certificate had been
issued.
(5) In addition to the information received from the

Commission, a recruiting or appointing body or person may
give full consideration of, and opportunity for, information
about the past record of, including mitigating circumstances or
information, for a candidate for election or appointment to a
state office, for purposes of ensuring that a person with a
propensity to violate Chapter Six of the Constitution is not
appointed or elected to a state or public office.
(6) For the purpose of this section, "past record" includes−
(a) past conviction or acquittal for a felony by a criminal

court in Kenya,
(b) bankruptcy proceedings or a court order confirming

a person as bankrupt; or
(c) disciplinary actions by a public entity or a

professional body.
(7) Every public entity shall be responsible for availing
54
information to the Commission, the Independent Electoral and
Boundaries Commission, Parliament, the Public Service
Commission, Judicial Service Commission or any other
constitutional Commission or Independent Office, a selection
panel or any other public entity, regarding the non-compliance
with the Code by a person seeking appointment or election to a
State office.
(8) Any person dissatisfied with the decision of the

Commission may apply for review within fourteen days of the
decision and the review by the Commission shall take place
within thirty days of lodging of the application for review.
(9) Any person who is not satisfied with the decision of the
Ethics and Anti-Corruption Commission or any other public
entity acting under this section may appeal to the High Court.
(10) The Commission shall, within sixty days of the

commencement of this section, issue guidelines on the vetting
criteria in compliance with the provisions of Chapter Six of the
Constitution and this Act, to persons seeking to be appointed or
elected to a state office.
(11) Notwithstanding the provisions of sub-section (10), the

Commission may, upon request, give a confidential report
regarding a person's compliance or otherwise with Chapter Six
of the Constitution or this Act, to a public or a private entity or
a person that requires that information for determining the
suitability of a particular person for appointment to a position in
a public or private entity.
(12) In spite of the issuance of a certificate under sub-

section (1), the Commission may make an application to the
High Court for a declaration that a particular person has
contravened or is contravening the provisions of Chapter Six of
the Constitution or this Act and is, therefore, not a fit and proper
person to hold a State office or public office.
Amendment of 100. Section 3 of the Companies Act is amended in subsection (1)by

section 3 of No. 17
of 2015. inserting the following new definition in proper alphabetical sequence−
“beneficial owner" means the natural person or person who ultimately

owns or controls a legal person or arrangements or the natural person
on whose behalf a transaction is conducted, and includes those persons
who exercise ultimate effective control over a legal person or
arrangement.
55
Amendment of 101. Section 93 of the Companies Act is amended–
of 2015.
(a) by deleting subsection (1) and substituting therefor the following−
(1) Every company shall keep a register of its members

including information relating to beneficial owners of the
company;
(b) by deleting subsection (8) and substituting therefor the following−
(8) A company shall lodge with the Registrar a copy of its

register of members including information relating to beneficial
owners within fourteen days after completing its preparation.
Amendment of 102. Section 96 of the Companies Act is amended by inserting the

of 2015. following new subsection immediately after subsection (3)—
(4) The Registrar of Companies shall develop and update a Public

Central Register of company beneficial ownership information.
Amendment of 103. Section 11 of the High Court (Organisation and Administration)
of 2015. Act is amended in subsection (1) by inserting the following new paragraph
immediately after paragraph (g)—
(ga) the Anti-Corruption and Economic Crimes Division;

Amendment of 104. Section 9 of the Public Procurement and Asset Disposal Act is
section 9 of No. 33
of 2015. amended in paragraph (m) by inserting the following new subparagraphs
immediately after subparagraph(viii)−
(ix) transparent central registers of foreign and local companies bidding

for public contracts and buying property; and
(x) companies and individuals convicted of bribery and corrupt

practices.
Amendment of 105. Section 4 of the Public Audit Act is amended in subsection (2) by
section 4 in No. 34
of 2015. deleting the words “as may be delegated in accordance with Article 234 (5) of
the Constitution”.
Amendment of 106. Section 8 of the Public Audit Act is amended by deleting the words
section 8 in No. 34
of 2015. “subject to Article 234(5) of the Constitution,” appearing in paragraphs (a), (b),
(c), (d) and (e).
56
MEMORANDUM OF OBJECTS AND REASONS
The Anti-Corruption Laws Amendment Bill, 2018, is in keeping with the practice of making
minor amendments which do not merit the publication of a separate Bill and consolidating them
into one Bill. The principal object of this Bill is to make minor amendments to anti-corruption
laws.
The Bill contains proposed amendments to the following laws—
The Government Contracts Act (Cap 25)

The Bill proposes to amend the Government Contracts Act to void contracts obtained through
corrupt conduct. It also prescribes mandatory clauses to be included in Government contracts to
guard against corrupt conduct in relation to such contracts.
The Extradition (Contiguous and Foreign countries) Act (Cap. 76)

The Bill proposes to amend the Extradition (Contiguous and Foreign countries) Act to make
specific reference to grounds of discrimination as outlined in the Constitution.
The Extradition (Commonwealth Countries) Act (Cap. 77)

The Bill proposes to amend the Extradition (Commonwealth Countries) Act to make specific
reference to grounds of discrimination as outlined in the Constitution.
The Anti-Corruption and Economic Crimes Act, 2003 (No. 3 of 2003)

The Bill proposes to amend the Anti-Corruption and Economic Crimes Act, 2003, to extend the
application of the Act to cover the private sector and to define the jurisdiction of the Kenyan
court where corruption is concerned. It also seeks to give more powers to the Ethics and Anti-
Corruption Commission and related agencies in the investigation of crimes under the Act, and
covers the offering of advantages both in public bodies and the private sector.
The Bill also has provisions requiring state officers facing corruption charges to leave office to
pave way for investigation.
57
The Public Officer Ethics Act, 2003 (N0. 4 of 2003)
The Bill proposes to amend the Public Officer Ethics Act, 2003, to provide for political
neutrality amongst appointed public servants and allocating responsible commissions for
purposes of regulating ethical conduct amongst public and state officers. It also has provisions
elaborating on conflict of interest for public officers and updates the forms for wealth declaration
under the Act.
The Judicial Service Act, 2011 (No. 1 of 2011)

The Bill proposes to amend the Judicial Service Act, 2011, to provide for the representation of
the Ethics and Anti-Corruption Commission on the National Council on Administration of
Justice.
The Ethics and Anti-Corruption Commission Act, 2011 (No. 22 of 2011)

The Bill proposes to amend the Ethics and Anti-Corruption Act, 2011, to ensure that the Ethics
and Anti-Corruption Commission is facilitated to fight corruption. The amendments specifically
provide for the independence of the Commission by providing a clear mechanism for the
removal of the Secretary to the Commission and also provides clarity on the definition of
corruption and corrupt conduct.
The Commission on Administrative Justice Act, 2011 (No. 23 of 2011)

The Bill proposes to amend the Commission on Administrative Justice Act, 2011 to empower the
Commission on Administrative Justice to maintain a register of persons ineligible to hold public
office. It also seeks to provide for access by the Commission to any prison, remand home or
mental institution for the purpose of complaints.
The Elections Act, 2011 (No. 24 of 2011)

The Bill proposes to amend the Elections Act, 2011, to require candidates for political office to
comply with provisions of the Leadership and Integrity Act.
58
The Leadership and Integrity Act, 2012 (No. 19 of 2012)
The Bill proposes to amend the Leadership and Integrity Act, 2012, to set out further provisions
for the leadership and integrity code for State officers. The Bill further provides a mechanism for
the removal of certain state officers for breach of Chapter six of the Constitution, and makes
further provisions on investigations into issues arising under the Act.
The Companies Act, 2015 (No. 17 of 2015)

The Bill proposes to amend the Companies Act, 2015, to make provision on the beneficial
owners of business entities. The proposal requires every company to keep a register of its
members including beneficial owners. i.e. the persons who ultimately control the company.
The High Court (Organisation and Administration) Act, 2015 (No. 27 of 2015)
The Bill proposes to amend the High Court (Organisation and Administration) Act, 2015, to
empower the Chief Justice to establish the Anti-Corruption and Economic Crimes and the
Judicial Review Divisions of the court in order to promote effectiveness and efficiency in the
administration of justice and to promote judicial performance.
The Public Procurement and Asset Disposal Act, 2015 (No. 33 of 2015)
The Bill proposes to amend the Public Procurement and Asset Disposal Act, 2015, to mandate
the Public Procurement Regulatory Authority to maintain a central repository or database that
includes transparent central registers of foreign and local companies bidding for public contracts
and buying property as well as companies and individuals convicted of bribery and corrupt
practices.
The Public Audit Act, 2015 (No. 34 of 2015)

The Bill proposes to amend the Public Audit Act, 2015, to make several minor amendments to
take account of delegation of powers by the Public Service Commission.
59
Dated the......................................................................................., 2018.
P. KIHARA KARIUKI,
Attorney-General.
60

Anticorruption Laws (Amendment) Bill Edited - 5th July, 2018

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Anticorruption Laws (Amendment) Bill Edited - 5th July, 2018

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THE ANTI-CORRUPTION LAWS AMENDMENT BILL, 2018

AN ACT of Parliament to amend the laws relating to anti-corruption

ENACTED by the Parliament of Kenya, as follows—

Contracts 10. Any contract entered into with the Government

(b) For the avoidance of doubt, each Party agrees

Provided that any Government Contract which had been

(3) For purposes of this section, "Government" means the

Amendment of 3. Section 16 of the Extradition (Contiguous and Foreign Countries)

Amendment of 4. Section 6 of the Extradition (Commonwealth Countries) Act is

Amendment of 5. Section 2 of the Anti-Corruption and Economic Crimes Act is

(a) by inserting the following new definition in proper alphabetical

“associate”, in relation to a person, means−

(a) a person who is a nominee or an employee of that

(b) a person who manages the affairs of that person;

(c) a firm of which that person, or his nominee is a

(d) a company in which that person or his nominee, is a

(e) the trustee of a trust, where—

(i) the trust has been created by that person; or

(ii) the total value of the assets contributed by

(b) in the definition of the word “corruption” by inserting the

(h) neglect of duty;

(c) by deleting the definition of the expression “public body” and

“public body” means—

(a) a public office as defined under Article 260 of the

(b) the East African Community, its institutions and

(c) a political party, a trade union, a society registered

(b) a Kenyan national aboard a vessel or aircraft flying

(c) a person who is not a Kenyan national but has his

(d) the conduct of a Kenyan national which takes place

(e) a national of another state who is resident in Kenya

(2) Where an act or omission otherwise amounting to

(3) For the purposes of this Act, the complainant in

Amendment of 7. Section 3 of the Anti-Corruption and Economic Crimes Act, is

Insertion of new 8. The Anti-Corruption and Economic Crimes Act is amended by

Powers of the 23A. (1) The Secretary or an investigator may, in writing,

(2) A person who, without reasonable excuse, fails to

(3) A person shall not be required to answer any question

(4) An investigator shall record any statement made to him

(5) A statement taken in accordance with this section shall

(6) Notwithstanding any other provision under this section,

(7) The failure by an investigator to comply with a

Search by an 23B.(1) The Secretary may in writing, authorize an

(a) to search any person, if it is reasonably suspected

(b) to search any premises, vessel, boat, aircraft or

(2) The investigator authorized to make any search under

Power to bond. 23C.(1) An investigator investigating an alleged offence

(2) A person who fails to comply with a requirement

(3) Notwithstanding the foregoing provisions, the powers

(2) The Commission may exercise its discretion not to institute or

Amendment of 10. The Anti-Corruption and Economic Crimes Act is amended by

(2) Where the Commission intends to take action as

(3) An undertaking under this section shall only be made in

(a) makes a full and true disclosure of all material facts

(b) through the Commission, pays or refunds to, or

(c) makes reparation to any person affected by his

(d) pays for all loss of public property occasioned by

(4) The Commission shall keep a record of all its

(5) An interested person may object to a proposed

(a) the suspected person has not fully satisfied the

(b) such person has any other evidence relevant under

(6) The Commission shall consider all objections

(7) The Commission shall not make any undertaking in

Amendment of 11. Section 27 of the Anti-Corruption and Economic Crimes Act is