ADVOKS GLOBAL · KENYA
Conflict of Interest Act
42. Discretion in investigations
Edition: 2025-08-05 · In force
42. Discretion in investigations
(1)Despite section 41, the Commission or a reporting authority shall not commence investigations if—(a)the subject matter of the request does not disclose an issue of conflict of interest under this Act;(b)the subject matter of the request has been adequately dealt with, or could more appropriately be dealt with according to a procedure provided for under another Act of Parliament; or(c)the substance of the request is frivolous, vexatious or made in bad faith.(2)If the Commission or a reporting authority declines to commence investigations, the Commission or reporting authority shall inform the person who lodged the complaint and give reasons for the decision.