10 Things Kenyan MPs Can’t Legally Do Under the Leadership and Integrity Act

Updated 1 November 2026

Kenyan MPs are State officers, so the Leadership and Integrity Act, 2012 (No. 19 of 2012) applies to them: they cannot open a bank account abroad without the Ethics and Anti-Corruption Commission’s (EACC) approval, accept cash gifts, steer public contracts to their families, or even lead a harambee for a public cause unless the President has declared a national disaster. The Act puts Chapter Six of the Constitution into practice. Here are ten rules that bind MPs, senators, governors, MCAs and other State officers, with the section for each.

Updated November 2026. Source: Leadership and Integrity Act, No. 19 of 2012, as published by EACC (eacc.go.ke). Check Kenya Law for later amendments.

What the Leadership and Integrity Act bans

1. Keep a bank account abroad without EACC approval

Section 19(1) says a State officer shall not open or continue to operate a bank account outside Kenya without the Commission’s approval, and must apply to EACC with reasons. Section 19(3) requires annual statements of any approved foreign account to be sent to EACC, and section 19(6) makes failing to declare a foreign account an offence punishable by up to five years in prison, a fine of up to KSh 5 million, or both.

2. Accept cash gifts

Under section 14, a State officer may accept a gift only in limited cases: among other conditions, the gift must not be monetary and must not exceed a value set by EACC in regulations. Every gift or donation received must be declared. Section 14(4) bans any gift given to compromise the officer’s integrity, objectivity or impartiality.

3. Take gifts or hospitality from people with business before them

Section 14(3) bans accepting or soliciting gifts, hospitality or other benefits from anyone whose interests could be affected by how the officer carries out their duties, or who carries on regulated activities with the officer’s organisation.

4. Use the office to get rich

Section 12(1) bars using the office to unlawfully or wrongfully enrich oneself or anyone else, and section 12(2) bars accepting a personal loan or benefit that could compromise the officer. Section 15 also bans using the office to wrongfully influence the acquisition of property.

5. Award contracts to their family or business partners

Section 16(5) bans a State officer from awarding, or influencing the award of, a contract to themselves, their spouse or child, a business associate or agent, or a company in which they have an interest.

6. Bid for tenders at their own public body

Section 17 bars a State officer from taking part in a tender to supply goods or services to a public entity where they serve. Simply owning shares in a bidding company does not count, unless the officer holds a controlling stake.

7. Run a harambee for a public cause

Section 18(1) says a State officer shall not solicit contributions from the public for a public purpose unless the President has declared a national disaster by Gazette notice and allowed a public collection. Section 18(2) bars taking part in any collection in a way that reflects badly on the officer’s integrity.

8. Use public property or inside information for private ends

Section 21(2) bans using public property, funds or services for activities unrelated to official work. Section 22 bans using non-public information obtained through the office to further any private interest, financial or otherwise.

9. Mislead the public, falsify records or bully anyone

Sections 29 and 30 ban knowingly giving false or misleading information and falsifying records. Section 34 bans bullying, defined as repeated offensive behaviour that is vindictive, cruel, malicious or humiliating and meant to undermine a person.

10. Cash in on old files after leaving office

Section 28 says a former State officer cannot act for any person or entity in a matter they handled as a State officer for at least two years after leaving office. Section 27 also requires serving officers to disclose job offers that could create a conflict of interest.

Who enforces the Leadership and Integrity Act?

EACC oversees the Act, receives declarations and investigates breaches, and can refer matters to the Director of Public Prosecutions for criminal charges or to the Attorney-General for civil action. Anyone can report a suspected breach to EACC.

For what MPs earn while bound by these rules, see the MP salary in Kenya and MCA salary breakdowns, and the pay of the Speakers of Parliament.

Frequently asked questions

Can a Kenyan MP have a bank account abroad?

Only with EACC approval. Section 19 of the Leadership and Integrity Act bans State officers from opening or operating a foreign bank account without it. Failing to declare a foreign account is an offence carrying up to five years in prison or a KSh 5 million fine.

Can MPs accept gifts?

Only non-monetary gifts within limits set by EACC, which must be declared. Cash gifts, and gifts from people with interests before the officer, are banned.

Are MPs allowed to hold harambees?

Not for public purposes, unless the President has declared a national disaster and allowed a public collection by Gazette notice (section 18).

Does the Leadership and Integrity Act apply to MCAs and governors?

Yes. It applies to all State officers, which includes MCAs, governors, senators and Cabinet Secretaries, and parts of it apply to public officers.