Can the EACC "clear" candidates? Probably not.
Illustration: EACC

Declaration of Wealth missing or wrong

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Public officers have to declare income, assets and liabilities of either himself, his spouse(s) and his children under 18 every second year. The procedures for doing this are lain out in Part IV Sec. 26 to 34 of the Public Officers Ethics Act. If they don’t they are committing an offence. 

Penalty if the Declaration of Wealth is missing or wrong

A public officer who does not correctly declare his income, assets and liabilities is liable, on conviction, to a fine not exceeding one million shillings or to imprisonment for a term not exceeding one year or to both. (Sec. 32)

Also see the paragraph on forfeiture of unexplained assets in our Penalties page.

Note that the Codes of Conduct of some Public Officers also provide for Declaration of Wealth. This makes it an additional offence, the breach of code. This was contested by Kenyan teachers protests in 2016 – but they were obviously not aware that the provision is in the Ethics Act for them as well.

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