Receiving gifts or any donation above the value of Ksh 20,000 by the holders of State offices is governed by guidelines under the Constitution of Kenya 2010, Chapter 6, Article 76.
According to the constitution, any gift or donation made to a state officer is considered a gift to the Republic.
“A gift or donation to a State officer on a public or official occasion is a gift or donation to the Republic and shall be delivered to the State unless exempted under an Act of Parliament,” states the Constitution of Kenya 2010.
In addition to the gifts and donations being delivered to the states, the constitution provides that a state officer is not permitted to maintain an account outside Kenya except in accordance with an Act of Parliament.
Neither is the state officer allowed to seek or accept a personal loan or benefit in circumstances that compromise the integrity of the State officer.
The Kenyan Constitution mandates the Ethics and Anti-Corruption Commission (EACC) to ensure compliance with and enforcement of the Constitution.
Guidelines on Gifts and Donations According to the Leadership and Integrity Act, Cap. 185C
In accordance with the Leadership and Integrity Act, a state or public officer may receive and retain a gift if the gift is not monetary and should not exceed twenty thousand shillings in value.
Gifts that are offered as a show of appreciation or expression of courtesy within the standards of hospitality in the line of service of the public or state officers are permitted.
The Act, however, notes that, despite gifts attaining the required standards, any gift that compromises the integrity of the recipient is prohibited.
State and public officers are not allowed, under any circumstances, to receive gifts or donations in cash or cash equivalents.
Additionally, gifts and donations in the form of jewelry, precious metals or stones, ivory, or other animal parts that are protected by law are also unacceptable.
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A person or entity that has an interest in or relationship with the State or a public officer’s organization, or is from an outlawed donor such as proscribed organizations, blocked companies, or enemy states, cannot donate to a public or state official.
State or public officers are responsible for ensuring that all donations or other benefits received or given are recorded in the Register.
Under Regulation 9 of the Leadership and Integrity Regulations, 2015, a public entity is required to submit a report on any donations and benefits received to the EACC within 30 days after the close of the financial year.
General Rules and Principles
Whenever a state or public officer receives and accepts a gift or donation, the same must be declared to the public entity the State or public officer works for, irrespective of the type or value of the gift.
Additionally, donations are acceptable only where the offer and receipt of the gift are made with utmost transparency and openness.
The Public Procurement and Asset Disposal Act and Regulations outline that any donations received can be used or disposed of by the public officials through the procedures in the Act.
Materials meant for education, awareness, and promotional purposes given by public entities to another public entity or to State or public officers are not necessarily declared as gifts.
A public entity may also develop and implement an internal Policy on gifts, donations, and benefits to supplement and augment the applicable law.
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Penalties for Public Officials’ Failure to Declare Gifts Exceeding Sh20,000
Section 14 of the 2012 Leadership and Integrity Act reinforces this obligation by requiring civil servants to report any gifts they receive to the EACC.
Public entities should maintain a detailed register of gifts received or given, treating gifts presented to state officers during official events as state property.
EACC Spokesperson Eric Ngumi raised concerns that many government workers remain unfamiliar with the guidelines on gifts exceeding 20,000.
“The regulations on gifts are still largely unknown among public officials,” Eric stated during a parliamentary session.
Public and state officials who do not disclose information about the donations they receive can face a 10-year jail term, a 5 million shilling fine, or both.
