State Officer holding foreign Bank Account

Under the Leadership and Integrity Act Sec. 19, Public Officers including State Officers shall NOT possess a bank account outside of Kenya. They must declare foreign accounts to the EACC once appointed to office. They also have to submit statements of the account annually to the Commission and authorize the Commisison to verify the statements. The officers are required to close these foreign account(s) as the Commission may prescribe by notice in the Gazette

Legal Source for the provision on Declaration of foreign Accounts

see Leadership and Integrity act Act Sec. 19

Penalty for State Officers

For a State Officer it is an offence not to abide by these rules. Upon conviction he or she shall be liable to a fine of up to five million Kshs or up to five years imprisonment, or both.

There is no penalty provided for public officers in the Leadership and Integrity Act.

Note: The provision was subject to public discussion after the publication of the so called Panama Papers in 2016 which revealed the name of a supreme court judge that appeared in offshore assets database held by the law firm Mossack&Fonseca.

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