Kenya To Implement Mandatory Wealth Declaration For Public Officers

By Dorothy Musyoka

Kenya’s public officials may soon be required to publicly disclose their wealth, following recommendations from the 14th Regional Conference and Annual General Meeting of the Heads of Anti-Corruption Agencies in Commonwealth Africa, which took place in Ghana last week.

Wealth declaration by public officials is a crucial step towards promoting transparency and accountability.

Corruption poses as significant challenge to governance and public trust in many countries.

Kenya, like other Commonwealth African nations, has been striving to combat corruption through various measures, including the establishment of the Ethics and Anti-Corruption Commission (EACC).

The Conference also resolved that Commonwealth African governments should consider enacting laws that require individuals with unexplained wealth to prove their legitimacy and enhance the use of technology to fight corruption.

Currently, in Kenya, public officers are legally required to declare their wealth within 30 days of joining public service, biennially, and within 30 days of exiting. However, these declarations remain confidential, limiting public scrutiny.

EACC officials at the14th Regional Conference and AGM of the Heads of Anti-Corruption Agencies in Commonwealth Africa. Photo | Courtesy

“In Kenya, public officers are required under the law to declare their wealth within 30 days of joining public service, once every two years, and within 30 days of existing public service. However, the wealth declaration forms are confidential,” the statement indicated.

Moreover, the conference highlighted the importance of lifestyle audits and the need to address unexplained wealth, urging governments to enact laws that place the burden of proof on individuals to explain the source of their assets.

Enhancing the use of technology in anti-corruption efforts and strengthening international and regional cooperation were also key recommendations, acknowledging that corruption often transcends borders and requires a collaborative approach to effectively combat it.

“The Conference resolved to urge all Commonwealth African governments to undertake necessary legislative reforms to ensure mandatory disclosure of assets and liabilities by all public officers and further take necessary steps to audit their lifestyles and those of their significant associates,” stated EACC.

On 14th May 2024, EACC launched the annual report of the 2023/2024 financial year whereby the report indicates that, “In the same period, illegally acquired and unexplained assets with an estimated value of Ksh 6.63 billion were traced, while assets with an approximated value of Ksh 3.8 billion were recovered. The Commission also conducted proactive investigations which averted a possible loss of public funds estimated at KES 4.7 billion.”

The Commission is mandated to combat and prevent corruption, economic crimes and unethical conduct through law enforcement, prevention, public education and promotion of ethical standards and practices.