Untangling Kenya’s Corruption Crisis
Corruption is like a virus affecting both the private and public sectors, hindering development in Kenya. It remains high despite efforts to combat it. In Transparency International’s 2024 Corruption Perceptions Index, Kenya scored 32 out of 100, ranking 121st out of 180 countries. This score is below the sub-Saharan African average of 33 points and the global average of 43 points. A score below 50 indicates grave levels of corruption.
At the 9th Devolution Conference held in Homa Bay county last week, President William Ruto expressed deep concerns about widespread corruption across the country, directing his criticism at Members of Parliament (MPs) and the Judiciary. He lamented that some legislators in Parliament are allegedly demanding bribes from members of the Executive, particularly during accountability sessions. He condemned the practice of seeking anticipatory bail to evade arrest, which has made the Judiciary a haven for the corrupt to hide behind judicial decisions. The president then turned to the Ethics and Anti-Corruption Commission (EACC) and called for a crackdown, stating that there would be “no sacred cows” and that no one would be exempt from prosecution, regardless of their position or rank.
Earlier this week, a joint parliamentary group meeting between Kenya Kwanza and the Orange Democratic Movement (ODM), led by President Ruto and Raila Odinga, reportedly descended into chaos. This was due to disagreements over bribery allegations against MPs and the constitutionality of the National Government Constituency Development Fund (NG-CDF). The President accused some parliamentarians of collecting funds that ultimately end up in their own pockets. He claimed that some lawmakers received a KSh 10 million bribe to pass the Anti-Money Laundering Bill.
In the wake of this, EACC, through its Chairperson, David Oginde, said it has launched investigations into MPs implicated in corruption. The probe spans allegations ranging from bribery to influence legislation, inflated allowances, misuse of constituency development funds, and claims that senior officials are coerced into paying protection fees.
It is important to note that the Conflict of Interest Act, which was signed into law on July 30, 2025, took effect on August 19, 2025. The new legislation repeals the Public Officer Ethics Act 2003. It addresses the management and regulation of conflicts of interest, as well as the Declaration of Income, Assets, and Liabilities (DIALs) by public officials.
The EACC is mandated to enforce the Act, which consolidates existing provisions on conflict of interest and strengthens enforcement by introducing criminal sanctions. The law criminalises violations related to conflict of interest and DIALs, with penalties including fines of up to KSh 4 million, imprisonment of up to 10 years, or both, as well as a mandatory fine equal to twice the benefit gained from the contravention. Corporate bodies face penalties of up to KSh 10 million. The Act establishes structured systems for reporting entities to manage conflicts of interest and DIALs, while also providing for verification of declarations and the forfeiture of undeclared or unexplained assets. It expands the scope of declarations to include additional reporting entities and responsible commissions. It prohibits public officers from trading with their employers or acquiring interests in entities that have contracts with, or receive benefits from, public entities.
To enhance transparency and accountability, the law requires serving state and public officers to continuously declare all circumstances that may amount to a conflict between their private interests and public duties. It provides a detailed procedure for state and public officers to avoid situations and circumstances that may amount to real, perceived or future conflicts of interest. In addition, it makes it mandatory for all state and public officers to declare their income, assets and liabilities to their responsible commissions. Such declarations are required to be made once every two years, 30 days upon joining, and 30 days after ceasing public service.
While this law marks a significant milestone in the fight against corruption and unethical practices in Kenya, notable concerns persist about the weak enforcement of anti-corruption laws. This is particularly true when government officials are involved. High-ranking officials often use their political influence to obstruct investigations and avoid accountability. This situation heightens public frustration since the misappropriation of government funds weakens vital services such as healthcare, education, and infrastructure. Despite the enactment of the Conflict of Interest Act and the president’s ongoing campaign against corruption, a key question remains: will these measures bring about real change?
