The Ethics and Anti-Corruption Commission has now written to the head of Public Service Felix Koskei, accusing state officers of failure to declare foreign bank accounts they operate.
In a letter seen by the Star, EACC boss Twalib Mbarak said it is a mandatory requirement most state officers have not complied with.
He said only officials working with Diplomatic missions have complied with the constitutional requirement.
"The Commission is concerned that compliance with the above mandatory requirements has, to a large extent, not been complied with by State and Public officers, save for those in the Diplomatic Missions abroad," Mbarak said in the letter dated September 22, 2023.
According to EACC, the requirement applies to all bank accounts outside Kenya opened by or controlled by a state or public officer, including for temporary purposes such as facilitation of travel, education or medical treatment; whether for the officer or any other person as long as it is the officer opening or controlling the bank account.
Article 76(2)(a) of the Constitution as read together with Section 19 of the Leadership and Integrity Act, and Regulation 14 of the Leadership and Integrity 2015 provide that a State officer shall not open or continue to operate a bank account outside Kenya without the approval of EACC.
"Subsequently, the account holder is required to submit annual bank account statements to EACC not later than 31st January of each succeeding year and upon closure to notify and furnish EACC with evidence of such closure within thirty days."
The Anti-graft body reminded state and public officers running foreign accounts without approval of the EACC to comply with the requirements of the law.
Mbarak added that they risk conviction because failure to declare such is an offense under the law.
"A state or public officer shall be liable to imprisonment for a term not exceeding five years or a fine not exceeding five million shillings or both."
