Can a public servant do business with their own office or hold a second job?
Conflict of Interest Act 2025; Constitution of Kenya 2010 · sources read 4 Oct 2026
A public officer may not be a party to, or benefit from, a contract to supply goods, works or services to their own office, or influence a contract they have a private interest in. A second job needs the employer's permission and must be declared within 30 days; it is banned if it clashes with official duties, and full-time State officers may not take any other paid work.
- Deadline
- An allowed second job must be declared within 30 days of starting it, with the employer and the EACC.
- Deadline
- An investigation into a complaint must be finished within 90 days.
- Where
- The officer's employer, or the Ethics and Anti-Corruption Commission (Integrity Centre, Nairobi, or regional offices)
Steps
- If you think an officer has a conflict of interest, complain to the officer's employer (the reporting authority) or to the Ethics and Anti-Corruption Commission (EACC).
- You can report to EACC in writing, by phone, or in person at Integrity Centre in Nairobi or an EACC regional office.
- The officer's employer can take disciplinary action, on top of any criminal case.
Watch out
- Every public officer must disclose any private interest that affects their official duties, not just avoid conflicts.
- Even a second job that does not clash with official duties needs permission from the employer first.
- Appointed State officers may not hold office in a political party.
- Breaking these rules is an offence: a fine of up to KSh 4 million, up to 10 years in jail, or both.
Who this covers
- All public officers: State officers and anyone else holding a public office in national or county government or the public service.
- Full-time State officers (such as MPs, ministers and governors) may take no other paid employment.
- Every public officer must take reasonable steps to avoid any real, apparent or potential conflict of interest in their official duties.
Official sources (4)
- Conflict of Interest Act, 2025 (No. 11 of 2025) new.kenyalaw.org · read 2 Oct 2026
- Constitution of Kenya, 2010 new.kenyalaw.org · read 2 Oct 2026
- Report Corruption eacc.go.ke · read 2 Oct 2026
- The Conflict of Interest Act, 2025 (No. 11 of 2025), Kenya Gazette Supplement No. 131 (Acts No. 11), 5 August 2025 eacc.go.ke · read 4 Oct 2026