Corruption in Kenya
Corruption in Kenya: Since 1956, Kenya has had anti-corruption legislation. The first was the Prevention of Corruption Act (Cap 65), which was, however, repealed in May 2003. In 1993, there were efforts to establish an anti-corruption squad within the CID wing of the police. Unfortunately, the squad was disbanded in 1995 before it could make an impact.
The Prevention of Corruption Act (Cap 65) was later amended in 1997 to provide for the Kenya Anti-Corruption Authority (KACA), the first Government anti-corruption agency established bylaw. The first director of KACA, John Harun Mwau, was appointed in 1997.
In 2000, the High Court, in Gachiengo vs Republic, ruled that KACA undermined the powers of the AG and Commissioner of Police. The High Court held that the statutory provisions establishing KACA were in conflict with the Constitution. As such, KACA was disbanded.
In 2003, however, two statutes were enacted to relaunch the fight against corruption: Anti-Corruption and Economic Crimes Act and the Public Officer Ethics Act Section 70 of the Anti-Corruption and Economic Crimes Act repealed the Prevention of Corruption Act. The law also established the Kenya Anti-Corruption Commission (KACC).
Kenya signified its commitment in the fight against corruption by becoming the first country in the world to ratify the UN Convention Against Corruption in December 2003 in Merida, Mexico. This was after becoming a signatory to the AU convention on Preventing and combating Corruption in 2003 Kenya later ratified the AU Convention in 2007. In 2004, a National Anti-corruption Steering Committee was established to complement KACC in the fight against corruption.
Fighting Corruption in Kenya
Fighting corruptions in Kenya starts with you and you should do the following to fight corruption.
- Respect and protect public property.
- Avoid engaging in corruption
- Never give or receive a bribe.
- Appreciate and reward hard work, honesty and trustworthiness.
- Report cases of corrupt practices to the commission.
- Talk to everyone about the evils of corruption
- Refuse to be pressurized to act irregularly and unlawfully.
- Never falsify a claim.
- Be a role model.
- Develop interest in national issues
- Stigmatize ill gotten wealth.
- Teach children the virtues of honesty hard work integrity and self discipline.
- Correct and reprimand bad behaviour.
- Give advice direction and suggestions on how to fight corruption to management at your place of work.
- Name and shame corrupt people.
Causes of Corruption in Kenya
- Bad governance
- Political patronage
- Lack of political will
- Breakdown/erosion/perversion of societal values and norms.
- Non enforcement of the law.
- Tribalism, faviouritism, nepotism and cronyism
- Weak or absence of management systems,
- Procedures and practices.
- Misuse of discretionary power vested in individuals or offices.
- Weak civil society and apathy.
- Lack of professional integrity
- Lack of transparency and accountability
- Inefficient public sector
Effects of Corruption in Kenya
- Poor infrastructure e.g. impassable roads, poor telephone network.
- Increased cost of goods and services
- Increased poverty.
- Shoddy work and stalled projects
- Poor medial services (e.g. lack of medicine and doctors)
- Reduced investments in our economy.
- Rise in crime rate and insecurity
- Delay denial and sale of justice in our public land, property and utilities.
- Social unrest.
- Negative international image.
Benefits of Fighting Corruption in Kenya
If we join hands infighting corruption in Kenya:
- Our economy will grow and:
- Increase public revenue.
- Create more jobs.
- Fund our social services.
- Improve our infrastructure.
- Provide better health care.
- Alleviate poverty.
- Improve our living standards.
- Make us stand proud among nations.
- We will have a caring society.
- Our resources will be used to develop the country.
- The crime rate will decline and we shall have improved security.
- We shall produce quality products at affordable prices.
- There will be increased investor confidence in our country
- There will be peace and stability in our country.
The Following are Corruption Offences in Kenya
- 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
- 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 in Kenya 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.
Anti-Corruption Courts in Kenya
They are presided over by special magistrates, including the Chief Magistrate, Principal Magistrate or an advocate of at least 10 years standing. The procedure is similar to that of a criminal court.
Punishment for corruption offences and economic crime
- 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.
- 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.
Where and How to Report Corruption in Kenya
Information on Corruption in Kenya can be provided to IEACC in writing, by telephone, personally to Integrity Centre in Nairobi and Mombasa office at Apollo Court on Moi Avenue or through the Anonymous Whistle blower’s System on its website.
IEACC Report Centre
Integrity Centre Valley Road/Milimani
P.O. Box 61130 00200
P.O.BOX 82351 – 80100
020 2717468 (Nairobi)
(Fax – Nairobi)
(Fax – Mombasa)