Senate Committee Reviews Presidential Reservations on Conflict of Interest Bill
During the committee meeting, Senator Sigei emphasized the importance of thoroughly evaluating each point raised in the Presidential Memorandum.
Busia Senator Okiya Omtatah. Photo/Parliament of Kenya.
By Robert Assad
On Tuesday, May 13, 2025, the Senate Justice, Legal Affairs, and Human Rights Committee convened to examine the Presidential Memorandum concerning the Conflict of Interest Bill, 2023.
The session, chaired by Senator Hillary Sigei of Bomet, focused on addressing the reservations outlined by the President following the Bill’s passage through mediation between the National Assembly and the Senate.
The President declined to assent to the Bill, citing several concerns requiring clarification and potential amendments.
Key issues highlighted include the need for precise definitions of terms such as “family” and “relative” to prevent misuse in conflict of interest scenarios.
Additionally, the President recommended expanding the scope of “conflict of interest” to encompass perceived and potential conflicts.
He also proposed granting the Ethics and Anti-Corruption Commission (EACC) exclusive authority to administer the Act and strengthening provisions related to the acceptance of gifts and the declaration of material changes in assets.
During the committee meeting, Senator Sigei emphasized the importance of thoroughly evaluating each point raised in the Presidential Memorandum.
He stated, “Our task today is to carefully consider each point raised in the Presidential Memorandum. 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 process. She inquired about distinguishing which proposed amendments relate to the mediated version of the Bill and which might be reintroducing earlier elements.
Kisumu Senator Prof. Tom Ojienda cautioned against potential unintended consequences of the proposed amendments. He highlighted the importance of ensuring that changes, such as those to the definitions 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.
He advocated for a practical and fair approach in addressing the President’s concerns.
The Conflict of Interest Bill, 2023, seeks to establish a comprehensive framework for managing conflicts of interest among public officers. The ongoing discussions aim to refine the Bill to address the President’s reservations and ensure its alignment with constitutional and legal standards.
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