Kenya: EACC Warns State Officers Who Fail to Declare Foreign Bank Accounts of Stiff Penalties

23 October 2023

Nairobi — The Ethics and Anti-Corruption Commission (EACC) has raised concerns about the failure of State and Public Officers to declare ownership of bank accounts outside Kenya and their subsequent financial annual statements.

The commission's Chief Executive Officer (CEO) Twalib Mubarak pointed out that the mandatory compliance of the State and Public Officers has not been adhered save for those serving in diplomatic missions abroad.

Pursuant to Section 14 of the Leadership Integrity Act 2015 provides that a State Officer shall not open or continue to operate a bank account outside Kenya without the approval of EACC.

"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.

The requirement applies to all bank accounts outside Kenya operated by public and state officers for all purposes including temporal use which includes facilitation of travel, education, and medical treatment.

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 has warned state officers that failure to declare the foreign bank accounts shall attract a conviction of not more than five years and a fine not exceeding five million shillings or both.

"State and Public officers are hereby reminded that operating bank accounts without the approval of EACC is an offence for which upon conviction a state or public officer shall be liable to imprisonment for a term not exceeding five years or a fine not exceeding five million shilling or both," stated Mbarak.

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