The National Assembly’s Committee on Delegated Legislation has intensified scrutiny of the draft Conflict of Interest Regulations, 2026, calling for tighter provisions, clearer enforcement mechanisms, and the closure of what MPs described as potential legal loopholes in the proposed framework.
The Committee, sitting at Bunge Tower, Parliament Buildings, and chaired by Vice-Chairperson Robert Gichimu (Gichugu), met Attorney General Dorcas Oduor alongside Principal Secretary for the State Department of Justice, Human Rights and Constitutional Affairs Judith Pareno to review the regulations intended to operationalise the Conflict of Interest Act, 2025.
The proposed regulations set out procedures for disclosure, compliance, reporting, and enforcement mechanisms across public institutions, commissions, and the Ethics and Anti-Corruption Commission (EACC), with the aim of standardising how conflicts of interest are identified and managed in public service.
The Attorney General told the Committee that the framework is designed to strengthen integrity systems across government.
“The framework is intended to provide a uniform compliance mechanism and strengthen transparency across public institutions,” Oduor said.
However, lawmakers raised concerns over several provisions they said could weaken enforcement if left unchanged.Kilgoris MP Julius Sunkuli took issue with Regulation 4 on delegation of powers, describing it as impractical and potentially open to abuse.
He also questioned Regulation 12, which allows public officers and their relatives to accept complimentary treatment.
“We must be careful that such provisions do not open backdoors for abuse,” Sunkuli said.“The language that is used is still the sexist language of the 20th century… the same appears in Regulation 12, which I want to dwell on.”
Committee members also flagged concerns about outdated and non-inclusive language used in parts of the draft regulations, urging a full review to align with constitutional standards on equality and non-discrimination.
Attorney General Oduor acknowledged the concerns raised, assuring lawmakers that the issues would be addressed before finalisation.
“We intended to use gender-neutral language and, unfortunately, this was not consistent. That is valid and something we will work on,” she said.
Vice-Chairperson Robert Gichimu urged the inclusion of a general penalties clause to strengthen enforcement and ensure that offenders cannot exploit gaps in the law to evade punishment.
“If I don’t abide by these regulations and there’s no specific penalty, then there might be room for someone to escape,” he said.
He proposed that a general penalty provision be introduced, recommending fines of up to Sh1 million or six months’ imprisonment for offences not explicitly covered in the regulations.
This would complement existing penalties under the Conflict of Interest Act, which provides for fines of up to Sh5 million or five years’ imprisonment for individuals, and up to Sh10 million for corporate entities.
The Committee also scrutinised provisions relating to Corporate Social Responsibility (CSR), warning that such arrangements could be misused to disguise personal benefit or influence public decision-making.
Members sought clearer distinctions between legitimate CSR initiatives and actions that could constitute conflicts of interest. Oduor clarified that CSR is not inherently a conflict issue unless it directly benefits an individual in their official capacity.
“Conflict of interest is where your public duty conflicts with your personal interest. CSR is not to an individual unless it directly benefits you,” she said.
After extensive deliberations, the Committee resolved that identified gaps—including the introduction of a general penalties clause, revision of gendered language, and clarification of ambiguous provisions—will be addressed through amendments before the regulations are advanced for approval.
Lawmakers said the revisions are intended to ensure the final framework is enforceable, constitutionally compliant, and capable of closing long-standing accountability gaps in public service.