Ethics and Anti-Corruption Commission (EACC) — KE Legal Update

The Ethics and Anti-Corruption Commission (EACC) in Kenya has issued a stern warning to state and public officers against branding publicly funded projects with their personal names, images, or political party symbols. The anti-graft agency asserts that such practices constitute an abuse of office and misuse of public resources, directly contravening fundamental principles enshrined in the Constitution of Kenya, 2010, the Public Finance Management Act, 2012, and the Leadership and Integrity Act, 2012. This advisory underscores the EACC's commitment to promoting transparency, accountability, and ethical conduct in public service, reminding leaders that public projects are financed by taxpayers and should not be used for personal or political aggrandizement.

The Ethics and Anti-Corruption Commission (EACC) of Kenya has recently taken a decisive stance against a pervasive practice among political and public leaders: the branding of publicly funded projects with their personal names, images, or party symbols. In an advisory issued on June 23, 2026, the EACC unequivocally declared this trend to be an abuse of office and a misuse of public resources, urging immediate cessation of such activities.

This directive by the EACC is a critical intervention aimed at upholding the integrity of public service and ensuring the prudent management of taxpayer funds. It highlights a recurring ethical dilemma where public resources, intended for collective benefit, are appropriated for individual political mileage. This article will delve into the legal framework underpinning the EACC's warning, examining how such branding contravenes constitutional provisions and statutory instruments governing ethics, integrity, and public finance in Kenya, and outlining the implications for public officers and legal practitioners.

The legal and institutional framework for combating corruption and promoting ethical conduct in Kenya is robust, primarily anchored in the Constitution of Kenya, 2010. Article 79 of the Constitution establishes the Ethics and Anti-Corruption Commission, with its mandate further elaborated in the Ethics and Anti-Corruption Commission Act, 2011. The EACC is tasked with combating and preventing corruption, economic crime, and unethical conduct through law enforcement, preventive measures, public education, and the promotion of integrity and ethics.

Key statutes that operationalize these constitutional principles include the Public Officer Ethics Act, 2003 (POEA), the Anti-Corruption and Economic Crimes Act, 2003 (ACECA), the Leadership and Integrity Act, 2012 (LIA), and the Public Finance Management Act, 2012 (PFMA). The POEA sets out a general Code of Conduct and Ethics for public officers. The ACECA defines and provides for the punishment of corruption and economic crimes, including abuse of office and misappropriation of public funds. The LIA gives effect to Chapter Six of the Constitution, promoting ethics, integrity, and servant leadership among State officers, emphasizing public trust and responsibility. Lastly, the PFMA provides the framework for the management of public funds at both national and county levels, mandating transparency, accountability, and efficient use of resources.

The EACC's advisory directly links the branding of public projects with personal names or images to specific violations of Kenyan law. Firstly, it constitutes an 'abuse of office' under the Anti-Corruption and Economic Crimes Act, 2003. Section 46 of ACECA criminalizes the abuse of office by a public officer who uses their office to improperly confer a benefit on themselves or another. By branding projects, leaders seek personal political gain and recognition, which is an improper benefit derived from public resources.

Secondly, such actions are a 'misuse of public resources' in contravention of the Public Finance Management Act, 2012. The PFMA mandates that public funds be used efficiently, effectively, and transparently. The cost associated with designing, printing, and affixing personal branding to public projects, signages, or vehicles is an expenditure that does not serve the public interest directly but rather promotes individual political identities. This diverts funds from their intended public purpose, undermining the principles of prudent financial management.

Furthermore, the practice violates constitutional principles of leadership and integrity. Article 10 of the Constitution outlines national values and principles of governance, including patriotism, national unity, sharing and devolution of power, the rule of law, democracy, participation of the people, human dignity, equity, social justice, inclusiveness, equality, human rights, non-discrimination, and protection of the marginalized, good governance, integrity, transparency and accountability, and sustainable development. Branding projects with personal names undermines these values by fostering a cult of personality rather than promoting collective ownership and accountability. Article 73 emphasizes that the authority assigned to a State officer is a public trust, to be exercised in a manner that demonstrates respect for the people, brings honour to the nation, and promotes public confidence in the integrity of the office. Article 75 sets out the conduct of State officers, prohibiting them from acting in a way that compromises public trust or improperly benefits themselves.

The Leadership and Integrity Act, 2012, which operationalizes Chapter Six of the Constitution, further reinforces these ethical requirements. It stipulates a general code of conduct for State officers, requiring them to uphold public trust and act in the best interest of the people of Kenya. The EACC's advisory specifically cited Articles 10, 73, and 75, and 201(d) of the Constitution, along with the Public Finance Management Act, 2012, and the Leadership and Integrity Act, 2012, as the legal basis for its warning. The EACC has directed that public projects should only bear official government identification marks, institutional logos, or approved branding, and has warned that violations will attract administrative or legal sanctions, with involved officers being personally liable.

While there isn't a specific standalone statute solely prohibiting the branding of public projects with personal names, the EACC's position demonstrates a comprehensive interpretation of existing anti-corruption, ethics, and public finance laws. This interpretation views such branding not merely as a trivial act of self-promotion, but as a systemic breach of public trust and a tangible misuse of resources, falling squarely within the ambit of unethical conduct and abuse of office. A Senate Devolution and Intergovernmental Relations Committee report has also previously echoed these sentiments, arguing that such practices are unethical and contravene the Constitution, the Public Service (Values and Principles) Act, the Public Officer Ethics Act, and the Leadership and Integrity Act.

The EACC's recent advisory serves as a crucial reminder to all state and public officers in Kenya regarding their ethical and legal obligations in the management and representation of public projects. The practice of branding publicly funded initiatives with personal names or images is not merely a matter of aesthetics or political preference; it is a serious breach of the principles of integrity, accountability, and prudent financial management that underpin good governance.

Practising attorneys and legal professionals should advise their clients in public office to strictly adhere to this directive, emphasizing that personal liability can arise from such conduct. The EACC's commitment to monitoring compliance and imposing sanctions signals a heightened enforcement environment. This move is vital for fostering a culture of public service that prioritizes the collective good over individual political ambition, thereby strengthening public trust in government institutions and ensuring that taxpayer money is utilized solely for its intended purpose.