As is the common practice worldwide, sitting residents are often given gifts while visiting foreign countries as was the case last week when President William Ruto visited Tanzania.
During the tour, President Samia Suluhu gifted Ruto an iconic painting of a house along the Indian Ocean.
However, unknown to many, there are strict laws that provide guidelines on how a president can be gifted and what kinds of gifts they receive.
According to Article 76 of The Constitution of Kenya 2010 and the Leadership and Integrity Act of 2012, it is stipulated that gifts given to Ruto while on official duty are considered 'gifts to the country.'
"A state officer may receive a gift given to the state officer in an official capacity, provided that the gift is within the ordinary bounds of propriety, a usual expression of courtesy or protocol and within the ordinary standards of hospitality," the Leadership and Integrity Act reads in part.
The law bars Ruto from accepting gifts in form of money.
Other gifts, the President cannot receive while on foreign trips are jewellery made of precious stones. Also prohibited is jewellery made of animal parts protected under the Convention on International Trade in Endangered Species of Wild Fauna and Flora.
With respect to who can gift the Head of State, the law states that Ruto cannot be gifted by any person or institution that has contracts in Kenya. This is because of conflict of interest.
"A state officer shall not accept or solicit gifts, hospitality or other benefits from a person who has a contractual or legal relationship with the state officer’s organisation," reads the act in part.
Further, gifts received by the president have to be documented and reported to the Ethics and Anti-corruption Commission (EACC) which is mandated to create laws regulating the gifting of state officers.
As per the EACC gift card, one is required to document, who is giving the gift, the estimated value of the gift, date the gift was given among others.
In reverse, Ruto's office is also required to document the gifts awarded to other people such as other presidents.
