Assets Disclosure by Public Officials: Kenya

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Historical Information

Full Name and Date of Effectiveness:

Part IV of The Public Officer Ethics Act, 2003. details Declarations of Income, Assets and Liabilities

Was this the first time such a law/rule was passed, or is this rule/law linked with any earlier one?

First time such a law was passed.

Does the Constitution mandate public officials to disclose their assets?

No

Coverage of Law/Rule

To what categories of civil servants or appointed officials is this law/rule applicable?

Section 2 of the Law lists officials to whom the law applies. The law covers other aspects of officials' conduct besides assets disclosure. Those who must submit declarations are listed in the First Schedule to the law, and are public officers in job group

To what categories of elected officials is this law/rule applicable?

This is listed in Schedule 1 to the Act, and includes the President, Vice-President, ministers and assistant ministers, members of parliament, and councilors of local authorities.

If this law/rule is applicable only to appointed officials in top levels, what is the assets declaration requirement of general appointed officials?

The following are not required to submit declaration: Public Officers in groups below "P", in local authorities officers outside Salary scale 1 to 3, of those below job groups H.

Do provincial and local employees follow the same or similar assets declaration law?

Same law

Declaration Content

What kind of value of assets must be declared?

This is detailed in the second schedule to the law. Income includes salary, emoluments and income from investments. Assets include land, building, vehicles, investments and financial obligations. Liabilities also need to be declared.

Is it necessary to include family members’ assets as well?

A separate statement is required for the officers and each h spouse and child under 18 years of age.

Filing Frequency & Method

Do civil servants need to file the information during first entry into public service? And, thereafter at what frequency?

No declaration is required at first entry into pubic service, but is required annually every December.

Can the declaration be filed electronically?

No

Declaration Processing

Which agency of government receives and processes public officials' assets declaration?

Section 3 of the Act lists several organizations (commissions) that are each responsible for collecting declarations of a certain group of public officials.

If the officials has failed to submit declaration in time or made inconsistent declaration, does the declaration processing authority issue reminder or ask for clarifications / explanations on the declarations?

According to Section 27, a public officer can be required to provide clarifications on his declaration about omitted information, discrepancy or inconsistency.

How is the declaration's content verified?

Section 29(1) states that information contained in the official's asset declaration is confidential.

How long is the declaration record maintained?

30 years after the person ceases to be a public officer.

Punishment for Breach

What is the punishment for not filing the declaration?

Section 31 lays down that if an official is convicted for failing to submit declaration (s)he is liable for fine not exceeding 1 million schillings or imprisonment for one year or both

What is the penalty for making inaccurate statements on this declaration?

Section 31 lays down that if an official is convicted of submitting a false or misleading declaration, (s)he is liable for fine not exceeding 1 million schillings or imprisonment for one year or both

Can an official be prosecuted for violating this law?

Yes, under Section 31 of this law.

Public Access to Declaration

Does the law/rule state that the public can access this information?

No. The information is confidential

If the law/rule mentions public access to this information, does it also state how the public can access this information?

Does not apply.