Corruption in Kenya – Under the anti-corruption economic crimes act, 2003, the following are corruption offences:

• Bribery and bribing of agents (employees).
• Secret inducements for advice.\deceiving the principal (employer).
• Conflict of interest.
• Improper benefits to trustees for appointment
• Bid rigging\abuse of office
• Dealing with suspect property
• Fraud
• Embezzlement or misappropriation of public funds
• Breach of trust
• An offence involving dishonesty in elation to:
• Taxes, rates or imposed levies.
• Election of persons to public office.
• Economic crime

Economic crimes consist of:

Unlawful acquisition, mortgage, and disposal of public property, service or benefit.

• Damage to public property.
• Failure to pay taxes, fees, levies or charges payable to a public body.
• Effecting or obtaining non-payments of taxes, levies fees or charges to a public body to which they are payable.
• Fraudulently making payment or excessive payment from public revenues for;
• sub-standard or defective goods;
• goods not supplied or not supplied in full; or
• Services not rendered or not adequate rendered.
• Failure to comply with applicable procedures and guidelines for procurement, allocation, sale or disposal of property; tendering of contracts management of funds or incurring expenditures.
• Engaging in a project without planning.

Punishment for corruption offences and economic crime

Administrative action.

• Suspension, on half pay, on being charged with corruption or economic crime from the date of the charge to conclusion of the case.
• Upon conviction suspension without pay from the date for the conviction pending appeal.
• Dismissal from service if the appeal is unsuccessful or the period during which the public officer should appeal lapses without an appeal being lodged.
• Disqualification from being elected or appointed as a public officer for ten years after the conviction.

Court

• Fine not exceeding one million shillings or/to imprisonment for a tern not exceeding ten years, or to both; and
• Additional compulsory fine if, as a result of the corrupt conduct the person received a benefit or nay other person suffered a loss that can be measured in money terms.
• The additional compulsory fine shall be two is the amount of the benefit or loss. If the conduct results in both a benefit and a loss, the mandatory fine shall be two times the sum of the benefit and the loss.
• Full compensation to anyone who suffers a loss as a result of corruption or economic crime.

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