Are there any penalties for failure to declare wealth or making false statements in a declaration?
Yes. It is an offence under the Public Officer Ethics Act for any public officer not to fully or correctly disclose all incomes, assets and liabilities. Any person who commits this offence is liable to a fine of Ksh.1, 000,000/- or imprisonment for one year or both.
Why is it necessary for Public Officers to declare their wealth?
Public Officers are the custodians of public resources. Therefore there is need for them to declare their wealth so as to determine whether their legitimately known sources of income match their assets and liabilities. Wealth declaration is a well known tool in the fight against corruption.
Are State Officers or Public Officers under duty to declare their wealth?
Yes. The Public Officer Ethics Act requires Public Officers to make true and correct declarations of their incomes, assets and liabilities once every two years. All State Officers are Public Officers but not all Public Officers are State Officers. All Public Officers must also declare all incomes, assets and liabilities of their spouse(s) and children below eighteen (18) years of age. Under Article 260 of the Constitution, a Public Officer refers to any State Officer or any other person holding a public office.