Thursday, 15 May, 2025
Senate Committee tackles key issues in conflict of interest bill after Presidential rejection
Tuesday, 13th May 2025
The Senate Justice, Legal Affairs and Human Rights Committee, chaired by Senator Hillary Sigei of Bomet, convened to scrutinize the Presidential Memorandum on the Conflict of Interest Bill, 2023. The Bill, which seeks to establish a framework for managing conflicts of interest among public officers, was rejected by the President after mediation between the two Houses of Parliament. The President declined assent, citing several reservations that require clarification and possible amendments.
Among the key concerns raised by the President are the need for clearer definitions of terms such as "family" and "relative" to prevent their misuse as proxies in conflicts of interest, expanding the scope of "conflict of interest" to include perceived and potential conflicts, granting the Ethics and Anti-Corruption Commission (EACC) exclusive authority to administer the Act, and strengthening provisions related to gifts and the declaration of material changes in assets.
Senator Sigei set the tone for the session, emphasizing the importance of carefully evaluating the President’s reservations. "Our task today is to carefully consider each point raised in the Presidential Memorandum," he stated. "We need to understand the implications of these reservations, such as the proposed refined definitions and the scope of EACC's powers, before our next meeting for more in-depth deliberations."
Nominated Senator Crystal Asige sought clarity on the procedural aspects of the review. "Given the Bill's journey through mediation and now with new presidential reservations, it's important for us to distinguish which of these proposed amendments relate to the mediated version and which might be reintroducing earlier elements. This context is vital for our review," she requested.
Kisumu Senator Prof. Tom Ojienda urged caution in addressing the President’s concerns. "While addressing conflict of interest is crucial, we must be cautious that amendments, like those to the definition of 'family' or expanding 'conflict of interest' to include 'perceived' and 'potential' conflicts, do not inadvertently create undue hardship for public servants or introduce ambiguities. We need a practical and fair approach," he remarked.
The committee will continue its deliberations over the weekend, aiming to consolidate its position before presenting its findings to the Senate.