EACC Introduces Salary Suspension for Public Officers Missing Wealth Declaration Deadlines

The Ethics and Anti-Corruption Commission (EACC) has rolled out stringent rules requiring Kenyan public officers to declare their income, assets, and liabilities within specified timelines. Failure to comply may lead to salary stoppage and disciplinary actions.

Key Provisions of the New Rules

• Initial wealth declarations must be submitted within 30 days of appointment.
• Biennial declarations are due by December 31 every two years.
• Final declarations must be filed within 30 days of leaving public office.
• Declarations cover assets and liabilities of the officer, spouse, and dependent children under 18, including those held abroad or jointly.

The rules apply to all public officers, including those on leave, secondment, or overseas assignments, except where exempted by the Attorney-General. Officers transferring between commissions do not need to file a new declaration until the next due date, but each responsible commission maintains separate records.

Enforcement and Compliance

Responsible commissions are mandated to monitor compliance and may initiate prosecution or administrative measures against defaulters. These measures include issuing warnings, salary suspension until compliance, and disciplinary proceedings.

Officers are reminded at least 30 days before deadlines, though failure to send reminders does not exempt them from filing declarations.

Conflict of Interest and Recusal

Public officers must disclose any real or potential conflicts of interest before participating in official discussions or decisions. Upon declaring a conflict, the officer is required to recuse themselves, which must be recorded in meeting minutes. Recusal can involve leaving the meeting or refraining from contributing to the matter.

Declarations of recusal must be submitted to the EACC within 60 days, detailing the nature of the conflict and the recusal method.

Access and Record-Keeping

The regulations set clear procedures for accessing wealth declaration information. Officers can access their own declarations within 14 days, while law enforcement agencies have similar timelines upon request. Responsible commissions keep registers of access requests and decisions.

The EACC encourages the use of automated systems for filing, reminders, and secure storage of declarations. Electronic submissions are considered valid without physical signatures or stamps.

Compliance reports are to be submitted annually by responsible commissions, outlining adherence levels and actions taken against non-compliance.

These measures aim to enhance transparency and accountability among public officials, reinforcing Kenya's fight against corruption.