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Kenya: overview of corruption and anti-corruption

Query
Can you give an overview of corruption trends and anti-corruption measures in Kenya.
Which sectors and institutions seem to have the highest prevalence of corruption. What
legal or institutional strengthens or weakness limit or provide opportunities for addressing
corruption. Identify the main direct country level measures on prevention, detection and
sanctions. Provide some assessment of the effectiveness of these and there relevance to
the trends identified.

Purpose endemic corruption permeating all sectors of society,

grand-scale economic and political corruption, which it
The information will be used as an input into Input into primarily addressed through a series of legal and
the country level component of our anti-corruption institutional measures. However, within two years of
strategy for Kenya. coming to power, the new administration became
engulfed in several corruption scandals leading to
Content donors periodically suspending aid. The credibility of
the government political will to fight corruption have
1. Overview of corruption in Kenya been challenged by such scandals as well as by the
2. Anti-corruption efforts in Kenya government poor record in convicting high level
3. References officials.

Summary In spite of these drawbacks, Kenya is currently

experiencing major institutional and political changes
The election of President Kibaki on an anti-corruption which give reasons for hope. The new constitution
platform in 2002 was perceived as a radical shift from adopted through a free and fair referendum in 2010
the increasingly corrupt one-party rule that had been represents a key milestone for the fight against
established after independence and raised tremendous corruption. It seeks, among other things, to strengthen
hopes among Kenyan citizens of ending corruption and political rights and civil liberties, to constrain executive
impunity. The new regime inherited challenges of

Author(s): Maira Martini, Transparency International, mmartini@hotmail.com

Reviewed by: Marie Chne, Transparency International, mchene@transparency.org and Robin Hodess Ph.D, Transparency
International, rhodess@transparency.org
Date: 18 October 2012 Number: 348

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 Kenya: overview of corruption and anti-corruption

powers, to strengthen legislative oversight, as well as to Within two years of coming to power, President Kibakis
increase the judiciarys independence. government became engulfed in several corruption
scandals leading to donors periodically suspending aid.
The Anglo-Leasing scandal was the most prominent
1. Overview of corruption in blow to the credibility of the new regimes anti-
Kenya corruption commitment, and failure by the Kenyan
government to respond effectively lead to John
Githongos resignation in 2005. He subsequently
Background released a report based on detailed records of scandals
Since Kenya gained independence from Britain in 1963 he had been investigating that uncovered multi-million
and until the political violence that followed the disputed pound government contracts that had been awarded to
2007 elections exposed the fragility of the state, the phantom companies. With time, President Kibaki and
country was considered one of the most stable in Africa his predecessor became close political allies and
(IDASA country profile). After independence, founding former President Moi officially backed his successors
President Jomo Kenyatta (1963/1978) and his candidacy to the 2007 presidential elections (The
successor Daniel Arap Moi (1978/2002) established Independent, 2007).
and sustained an increasingly corrupt one-party
authoritarian rule under the Kenya African National On the countrys politics front, the 2002 multi-ethnic
Union (KANU (Lansner, T, 2012). grand coalition that led to Kibakis victory collapsed
shortly after the regime change, with the emergence of
Since independence, the regime has been largely the opposition party the Orange Democratic Movement
characterised by a centralised state with a dominant (ODM) in 2005 and ethnic and region based parties
executive presiding over a patronage network that (Lansner, 2012). In the 2007 Presidential elections, the
benefits mostly ethnically defined elites (IDASA country proclamation of Kibakis victory amid widespread claims
profile). The regime was further characterised by, of vote rigging exploded into violent turmoil and ethnic
systematic looting of states assets, economic violence in which at least 1000 people were killed and
mismanagement and authoritarian rule, respecting few hundreds of thousands displaced. The African Union
civil liberties and civil rights and occasionally violently mediated the establishment of a power sharing
suppressing opposition (Lansner, T, 2012). A report by arrangement in 2008 that retained Mwai Kibaki as
international risk consultants Kroll commissioned by the President and created to post of Prime Minister for
government to investigate claims of corruption carried opposition leader Raila Odinga.
out by Mr Mois regime and delivered in April 2004
alleges that more than 1 billion of government money In 2010, a constitutional referendum overwhelmingly
was stolen during his 24-year rule and details assets approved the radical revision of the Constitution,
still allegedly owned by the Moi family in 28 countries1 strengthening systems of checks and balances,
(The Independent, 2007). significantly constraining executive powers and
enhancing the protection of basic rights. The new
In the 1990s, Kenya transitioned towards a functional constitution promotes principles of transparency,
but weak multi-party democracy, but it was not until integrity and accountability and has raised hopes for
2002 that the opposition party, the National Rainbow inaugurating a new era of democratic rule in the
Coalition (NARC) managed to win the elections against country. However, implementation has been slow,
Moi and nominated Mwai Kibaki, a former top KANU uneven and incomplete, including with regards to anti-
leader as President. Mwai Kibaki was elected on an corruption efforts that still meet elite resistance
anti-corruption platform and the regime change raised (Lansner, 2012).
tremendous hope in the country for ending corruption
and impunity in Kenya. In January 2003 Kibaki Extent of corruption
appointed John Githongo, formerly of Transparency
International, as his personal advisor on Anti-Corruption Thus, despite the positive changes, there is a
and Good Governance. widespread perception that corruption permeates all
sectors of public life in Kenya, as reflected by major
governance indicators. There has been a slight
1 The report was never published by the new government which did improvement over the past decade according to both
not acted on its findings either. Transparency Internationals Corruption Perception

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 Kenya: overview of corruption and anti-corruption

Index and the World Banks Governance Indicators, but public funds, and a system of political patronage well
still Kenya scores relatively poorly on both these entrenched within the fabrics of society.
measurements. In 2011, the country was ranked 154
out of the 182 countries assessed by TI. However, it Petty and bureaucratic corruption
should be appreciated that the World Bank has Although some progress has been made by the
recorded other governance improvements, including government in the past to attract foreign investments,
progress in terms of government effectiveness (from a inefficient and complex government regulations
score of 28,3 in 2002 to 36,0 in 2011) and in relation to continue to provide both incentives and opportunities
voice and accountability (from 25,5 in 2002 to 40,4 in for corruption. According to the World Bank and IFC
2011). enterprise survey 2007, close to 80 % of the firms
surveyed reported being expected to make informal
Kenya also scores poorly (21 out of 100) in terms of payment to get things done and circumvent
freedom of corruption in the Heritage Foundations burdensome bureaucratic requirements, making it
Index of Economic Freedom, with pervasive corruption almost impossible for businesses to operate without
leading to foreign disinvestment and draining resources facilitation payments. The Global Corruption Barometer
from education, health and infrastructure. 2011 as well as the Eastern Africa Bribery Index 2012
also confirm that citizens have to pay bribes for simple
Kenyan citizens further confirm widespread experience bureaucratic tasks and accessing basic public services.
of bribery, with the likelihood of bribery demand
estimated at 29.5% by the Eastern Africa Bribery Index Grand corruption
2012. However, when interacting with specific
institutions such as the Police, land services, city and Major corruption scandals regularly hit the headlines.
local councils and registry and licences services, the President Kibaki won his initial mandate on an anti-
probability of citizens being expected or asked to pay a corruption agenda, raising hopes to end to grand
bribe raises to over 40 %. In Transparency corruption and impunity and the government set up
Internationals Global Corruption Barometer (GCB) several commissions of enquiries to investigate
2011, 45 % of the respondents reported having paid a corruption scam under the previous regime. Among
bribe to at least one of the nine institutions assessed in these, the Goldenberg Affair is often referred to as one
the 12 months preceding the survey. In 2004, 36 % of of Kenyas biggest corruption scandal, involving several
the respondents reported having paid a bribe in the senior Moi-regime officials and is alleged to have cost
year preceding the survey. the country more than 10% of its GDP (Cherotich, L, No
date). This involved the exportation of fictitious gold
According to Transparency Internationals Global from Kenya by a company called Goldenberg
Corruption Report 2009, the cost of corruption is a International Limited. However, in December 2003, the
serious deterrent to potential investors and a major new government announced that it would not prosecute
impediment for existing and new businesses (Global former President Moi for his alleged corruption.
Corruption Report, 2009). Accordingly, business
executives continue to perceive corruption as a major The government of 2002 itself has relatively quickly
obstacle for business operations, with 21% of the been engulfed in major corruption scandals that
companies interviewed within the framework of the watered down the credibility of its commitment to fight
World Economic Forums Global Competitiveness corruption and brought donors to suspend aid on
report 2011-2012 naming corruption at the top of the several occasions2. In 2005, the Anglo-Leasing
list of obstacles for doing business in the country. This procurement scandal came to light, which involved the
is consistent with findings from the World Bank and IFC
Enterprise survey 2007, in which 38% of the companies
surveyed reported corruption to be a major constraint to 2 U.S. suspends aid to Kenya education ministry, ambassador says:
their operations. http://articles.cnn.com/2010-01-26/world/kenya.us.aid_1_kenya-
corruption-suspends?_s=PM:WORLD

Forms of corruption Corruption returns to haunt NARC

http://www.newsfromafrica.org/newsfromafrica/articles/art_6507.htm
Corruption manifests itself through various forms, l;
including petty and grand corruption, embezzlement of UK cuts off Kenyan education aid
http://www.ft.com/cms/s/0/03b07738-311c-11df-8e6f-
00144feabdc0.html

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 Kenya: overview of corruption and anti-corruption

abuse of lease finance or supplies credits to finance political activities and marshall substantial election
security related project. In particular, the scandal funds for the NARC 2007 elections (Mwangi, O., 2008).
exposed the corrupt awarding of contracts for a new Both KANU and NARC have been suspected in the
passport printing system in which state contracts worth past of postponing the adoption of stricter laws on
hundreds of millions of dollars were awarded to non- political party financing because they rely on illegal and
existent firms. Several members of the new government secret sources of funding as well as to prevent an even
were allegedly involved, including four top politicians, playing filed for all parties (Mwangi, O., 2008).
among which the vice President. The above mentioned
John Githongos report claimed that President Kibaki In the contested 2007 Presidential elections, the
himself had knowledge of the affair and revealed that flawed election process and allegation of rigging
the Anglo Leasing Finance was just one of the many triggered widespread public anger that degenerated
phantom entities used to siphon off government funds into post-election violence, causing more than a
into non-existent companies through fictional or thousand deaths and lasting well into 2008 (DFID,
overpriced services (Global Integrity, 2006). Please 2009). There were reports about manipulations and
see: Africa Focus for more information on the report. fraudulent counts by the Electoral Commission of
Kenya (ECK). The Independent Review Commission 2

In 2007, the parliament passed the Statute Law found that electoral fraud was rampant at all stages of
(Miscellaneous Amendments) Bill, restricting the tallying process, and ruled that "The integrity of the
investigations by the Kenya Anti-Corruption electoral process, widespread bribery, vote-buying,
Commission to offenses committed prior to May 2003, intimidation and ballot-stuffing, compounded the
de facto giving perpetrators -including those involved in defective data tabulation, transmission and tallying,
the Goldenberg and Anglo-Leasing scandals - an impaired the integrity of the process and irretrievably
amnesty for corruption. polluted the results (IRC, 2008). Following the report,
the ECK was disbanded and a wide range of
Political corruption electoral reforms have been enacted, but are not yet
Since independence, political parties have been fully concluded ahead of the next elections to be held
institutionally weak and ineffective, largely based on in 2013 (Bertelsmann Foundation, 2012).
ethnic loyalty and patronage networks rather than a
sound doctrine or ideology, with the opposition lacking
a sense of cohesion and capacity to federate an Sectors most affected by corruption
electorate which is divided along ethnic lines (IDASA in Kenya
country profile). Against this background, corruption is a Evidence suggests that corruption pervades many of
key feature of Kenyan politics, with political the countrys key sectors and institutions. According to
ethnocentrism, institutional weaknesses, lack of the perceptions of Kenyan citizens, the police is
resources and patronage making political parties consistently perceived to be the sector most affected by
vulnerable to corruption. In the 2011 Global Corruption corruption (scoring 4, 6 on a 1 to 5 scale in 2011
Barometer (GCB), 63 % of the respondents perceive compared to 4,3 in 2004) in the 2011 GCB, followed by
political parties as corrupt or extremely corrupt. Political Political parties (3,8 in 2011 compared to 4,1 in 2004),
parties scored 3,8 on a 1 (clean) to 5 (extremely Parliament (3,8 in 2011 compared to 4,0 in 2004), and
corrupt) scale, which still represents an improvement the judiciary (3,8 in 2011 and 2004).
compared to the 2004 findings, where political parties
scored 4,3. Police
As reflected by both the Goldenberg affair and the In Kenya, the police is perceived by citizens as the
Anglo Leasing Finance scandals, grand corruption is most corrupt institution with 90% of the respondents
deeply intertwined with the lack of transparent party perceiving the police to be corrupt or extremely corrupt
finance, with corrupt political campaign financing and close to 60 % of those who had been in contact
persisting both in past and present regimes. According with the police in 2010 reporting paying bribes
to some analysts, illegal funds to finance the KANU (Transparency International, 2011). These findings are
elections in the 90s were raised through the consistent with the Eastern African Bribery Index 2011
Goldenberg scam. In the post 2002 era, the Anglo where the police reports a 60% probability of being
Leasing scheme was allegedly used by senior officials asked for a bribe when interacting with police forces. In
from the Kibaki administration to raise money for particular, bribe extortion by traffic police is reportedly

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 Kenya: overview of corruption and anti-corruption

common with arbitrary demands of bribes at road 60 in 2011 in terms of conflict of interest safeguards
blocks or transit checkpoints (Business Anti-Corruption and political independence in Global Integrity
Portal, 2011). Afrobarometer 2008 data also indicate Scorecard. The new constitution will subject the public
that 77% of the households believe that most or all administration to a complete overhaul, including values
police officers are involved in corruption. Business of impartiality and independence for the public service
executives interviewed within the framework of the and establishing the Public Service Commission
Global Competitiveness Report 2011-2012 also (Global Integrity, 2011). The implementation of a
perceive Kenyan police services as unreliable to devolved structure is also meant to bring public
enforce the law, giving a score of 3, 2 on a 1 (cannot be services closer to the people (Bertelsmann Foundation,
relied upon at all) to 7 (can always be relied upon) 2012).
scale.
In practice, the civil service probably still remains
Land services subject to political interference, particularly with respect
Patronage networks and ethnical divides have played to appointments. In spite of regulations preventing such
an important role in land distribution, resulting in unfair practices, there has been a long tradition of nepotism,
distribution of resources and a wide gap between the cronyism and other forms of corruption in public
ruling elite and the poor majority, especially regarding appointments. This may be changing with the new
land ownership (IDASA country profile). There is a long Constitution as it provides a framework for merit-based
record of favouritism and land allocation to Kikuyu to employment and there have been recent cases where
the detriment of smaller ethnic groups that runs back to the High Court nullified the reappointment of senior
colonial times. A Commission of Inquiry into illegal officials for failing to adhere to the due process of the
allocation of public land produced a report in 2004, also law (Global Integrity, 2011).
known as Ndungu report, reporting widespread illegal
allocation of land since independence (Lansner, T., While provisions exist in the Anti-Corruption and
2012). Economic Crimes Act (2003), civil servants convicted of
corruption are not consistently prohibited from future
While, according to the 2011 US Department of State government employment and the government has
investment climate statement, property rights are appeared to selectively sanction corrupt officials in this
generally recognised and enforced, obtaining land is a respect. For example, two cabinet ministers who were
cumbersome and often non transparent process. The asked to stand down within the framework of the Anglo
Eastern African Bribery Index 2011 points to land Leasing scandal were subsequently reinstated before
services as the second institution most affected by the cases had been finalised (Global Integrity, 2011).
corruption after the police, with respondents reporting a The 2010 constitution now stipulates that anybody
likelihood of 57 % of being asked for a bribe when convicted of contravening integrity provisions loses the
interacting with land services. Such forms of corruption right to hold public office.
mainly involve bureaucratic level- bribery upon transfer
requests, cumbersome procedures for acquisition and Public financial management
disposal, illegal allocation of public land and fraudulent Budget processes
double allocation. An independent Land Commission is The country scores 49 out of 100 in the 2010 Open
now mandated by the new constitution in an effort to Budget Index (compared to 57 out of 100 in 2008),
address such challenges. which indicates that the government provides some
information to the public, but this is insufficient for
Public administration citizens to fully hold the government accountable for its
In spite of progress made, corruption, lack of management of public resources (International Budget
transparency and accountability and an inefficient Partnership, 2010). The budget oversight exercised by
public administration continue to undermine the quality both Parliament and the Supreme Audit Institution is
of the public services and the state administrations also considered inadequate and there is a reported lack
level of functioning is generally low (Bertelsmann of resources and sufficient time to publically discuss
Foundation, 2010). and approve the budget.

However, some progress has been made in recent Consequently, there are indications of abusive use of
years in reforming Kenyas public administration, and state resources by the government. In 2006 for
the country has improved its score from 49 in 2006 to example, Transparency International Kenya and the

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 Kenya: overview of corruption and anti-corruption

Kenya National Commission on Human Rights staffed and resourced national tax collection agency,
(KNCHR) published a report claiming that between the Kenya Revenue Authority (KRA),, in practice the
January 2003 and September 2004, the government law is not enforced uniformly (Global Integrity, 2011).
spent about $12-million on cars that were mostly for the Poor tax collection methods have resulted in substantial
personal use of senior government officials (IPS, 2006). funds being lost annually in uncollected tax revenue.,
More recently, in 2010, more than $1 million was and according to Afrobarometer, in 2008 49% of
missing from the primary school system, which caused household respondents believed that all or most tax
the US to temporarily suspend its education aid officials are involved in corruption. The Eastern African
(Bertelsmann Foundation, 2012). Bribery Index conducted in 2011 also indicates that
citizens have a 30,3 % likelihood of being asked for a
Public procurement bribe when interacting with tax officials. Furthermore,
The Kenyan procurement system is also considered a there are regular reports of tax evasion and high-level
high risk area for investors, as reflected by the World government officials using their positions and influence
Bank and IFC 2007 enterprise survey which indicates to obtain tax exemptions for themselves or their
that 71 % of the companies surveyed expect to give relatives (Global Integrity, 2011).
gifts to secure a government contract, with the value of
the gift representing 8% of the contract amount. The Judiciary
Global Competitiveness Report 2011-2012 indicates According to the new chief justice, Willie Mutunga, the
that corruption remains pervasive in procurement Kenyan judiciary is plagued with excessive
processes, with widespread practice of favouritism bureaucracy, backlogs of cases, endemic corruption,
towards well-connected firms and individuals when inefficient and ineffective case management, poor
deciding upon contracts and policies. There are also terms of services for judicial and administrative staff
allegations of corruption in military procurement, and poor infrastructure (Lansner, 2012). This creates a
compounded by the fact that security related supportive environment for corruption to flourish and,
procurement is not subject to regular procurement according to CGB 2011 data, 43 % of the respondents
regulations and it lacks general transparency. that had contact with the judiciary reported paying a
bribe 12 months preceding the survey.
The government has enacted the Public Procurement
and Disposal Act in 2006 in an effort to promote more According to Freedom House 2011, courts are
transparent and unified procurement system and understaffed, underfinanced, and lack the capacity to
established the Public Procurement Oversight Authority efficiently prosecute corruption cases. While about half
(PPOA) to oversee all procurement processes (see a dozen ministers have been suspended over
below). Major procurements now require competitive corruption allegations, many of them have been
bidding and the legislation stipulates strict operational reinstated and no minister of high profile official has
measures and penalties. been convicted.

Companies guilty of major violations of procurement The judiciary was not guaranteed independence under
regulations (i.e. bribery) are prohibited from the old constitution, but the new constitution offers an
participating in future procurement bids. There are also important step towards constraining executive
regulations addressing conflicts of interest and interference into judicial affairs, even though attempts
mandatory training for public procurement officials, as to interfere with judicial independence remain prevalent
well as a mechanism that monitors the assets, incomes (Bertelsmann Foundation, 2012). In January 2011, the
and spending habits of public procurement officials but President tried to appoint a new chief justice, attorney
they are not always enforced evenly (Global Integrity, general, public prosecutor and controller of budget,
2009 and 2011). In practice, it is unclear whether against the spirit of the new constitution and was
companies that have previously violated regulations are rejected by parliament.
barred from future activities, and the original practice of
naming blacklisted companies has been withdrawn Business executives surveyed within the framework of
from the PPOA Web site. the Global Competitiveness Report 2011-2012 continue
to report low levels of independence of the judiciary,
Revenue administration scoring 2,9 on a 1 (heavily influenced) to 7 (entirely
While revenue collection has improved in recent years, independent) scale. October 2010, the Judicial Service
with a relatively strong legal framework and adequately Commission, which plays an important role in the

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 Kenya: overview of corruption and anti-corruption

appointment process of judges, was reconstituted with In spite of these draw backs, citizens perceive
a broadened mandate and greater administrative government efforts to be more effective than in the
support. past. GCB data indicates 48% of the respondents say
corruption has decreased in the last 3 years, 39%
Private sector increased, while 70% assess government efforts
The private sector plays an important role in Kenya, against corruption as effective, compared to only 39%
accounting for over 80 percent of GDP and most in 2006.
government revenues (Kenya Joint Assistance
Strategy). However, private sector development The legal framework
remains hampered by Kenyas unattractive business The anti-corruption legal framework is considered
environment. The government has made efforts to robust as reflected by the countrys Global Integrity
address the situation, by eliminating and simplifying 2011s 100 score (on a o to 100 scale). The Anti-
business licenses and regulatory procedures as well as Corruption and Economic Act 2003 criminalises active,
streamlining local authority licenses. This is reflected by passive and attempted corruption, as well as foreign
the country being considered one of the top ten bribery, abuse of office, money laundering, extortion,
reformers in the World Bank and IFC 2009 Doing conflict of interest and big rigging. However, the act
Business survey However, the 2012 Bertelsmann does not cover private sector corruption.
Foundation country report notes that the state
administrative structures remain inefficient and The Public Officers Ethics Act 2003 has been moved
underperforming and business executives interviewed into the new constitution and requires civil servants to
for the Global Competitiveness report 2011-2012 still declare their assets. However, there are neither clear
perceive government administrative requirements provisions on the auditing of these reports nor records
burdensome in terms of permits, regulation and of any action arising out of these declarations of wealth
reporting. While one of the largest economies in (Global Integrity, 2011). In addition, the Public Service
Eastern Africa, Kenyas economy is still characterised Commission Act includes a code of regulation for public
by the size of its informal sector, which grows faster servants and promotes political independence and
than the formal sector, with most enterprise starting off requires merit-based recruitment and promotion of
in the informal sector due to the high costs of public servants but, bribery, nepotism and political
registering businesses. patronage remains reportedly widespread.

By law, whistle blowers are protected from recrimination

2. Anti-corruption efforts in Kenya or other negative consequences, and under the Anti-
Corruption and Economic Crimes and the Witness
The fight against corruption was high on Kibakis Protection Act, no disciplinary action may be taken
political agenda and in the early phase of his against private or public employees. However, there are
Presidential mandate, several reforms and laws have weak internal complaints mechanism through which
been enacted, including the Anti-Corruption and civil servants can report corruption. In the absence of
Economic Crime Act 2003, the Public Officer Ethics Act an operational witness protection law, there are no
2003, and the Public Procurement and Disposal of formal means of protecting whistle blowers.
Assets Act 2005. The Kenya Anti-Corruption
Commission (KACC) has been restored and The Proceeds of Crime and Money Laundering act was
parliamentarians and civil servants need to prove their passed in 2009 under international pressure, but some
source of income (Berltelsmann Foundation, 2012). An observers question the political will to fully implement
increasing number of government agencies have codes the provisions of the act and reduce money laundering
of conduct and reforms are underway to strengthen the (Business Anti-Corruption Profile, 2011).
Public Finance Management system. However, these
measures have failed to bring major gains in terms of A Public Procurement and Disposal Bill has been
control of corruption. Major corruption scandals and adopted in 2005 and the country scores fairly well on
failure to effectively prosecute senior public officials this issue according to Global Integrity 2011 (88 out of
involved in the Goldenberg, Anglo-Leasing and more 100). It establishes a procurement commission to
recent affairs continue to fuel impunity and undermine oversee all procurement matters and provides for strict
the credibility of the governments commitment to fight operational measures and penalties for breach.
corruption. Enacted in 2007, the Supplies Practitioners

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 Kenya: overview of corruption and anti-corruption

Management Act regulates the training, certification, which was largely seen as a positive development.
and conduct of procurement officers (US Department of Lumumba reopened the Goldenberg and Anglo-Leasing
State, 2011). affairs and indicated that he would investigate at least
four cabinet ministers, 50 senior officials and
Kenya scores very poorly in terms of political finance parliamentarians. He was abruptly removed from office
transparency in Global Integrity 2011. A revised in August 2011, suggesting a lack of political will of the
Political Parties Act came into force in November 2011, elite to effectively address high level corruption
and is expected to help restructure the political (Bertelsmann Foundation, 2012). In December 2011,
landscape. President Mwai Kibaki and Prime Minister Raila Odinga
nominated lawyer Mumo Matemu, a lawyer and former
The new constitution adopted by referendum in 2012 official at Kenya's tax authority to replace Patrick
represents a key milestone for the fight against Lumumba.
corruption, strengthening the protection of civil and
political rights, limiting executive powers, strengthening Attorney General
legislative oversight, increasing the judiciarys The Attorney general is largely criticised for its lack of
independence and devolving central administration to success in convicting/prosecuting cases, especially with
47 county governments. The constitution also now regards to high level senior officials. Although the
grants the right to access and communicate former KACC had recommended prosecution of several
information. Chapter 6 of the constitution sets high government officials, according to Freedom House
standards of integrity for office holders and call for an 2012, only 51 people had been convicted since 2003.
independent ethics and anti-corruption commission, but
the success of such institutions will depend on The Auditor General
investigatory/prosecutorial powers as well as resources
it is granted (Lansner, 2012). The constitution also The Auditor General, previously the Controller and
creates two independent offices, the auditor general Auditor General, is the supreme audit institution,
and the controller of the budget (see below) as well as appointed by the President and approved by
10 commissions dealing with issues such as land, parliament. The institution is legally protected from
elections, human rights, public service, police, etc. political interference, and although appointed by the
President, it does not seem to affect its capacity to fulfil
International cooperation in the prevention and its mandate (Global Integrity 2011). It has a dedicated,
combating of corruption has also been expanded; professional and full-time staff under the aegis of the
Kenya already ratified the United Nations Convention Kenya National Audit Office (KENAO), and publishes
Against Corruption in 2003, the African Union audit reports after they have been presented to
Convention on Preventing and Combating Corruption in parliament. However, according to the Open Budget
2007 and is acceding to the United Nations Convention Initiative 2010, while the audit reports are published,
against Transnational Organized Crime since 2004. they are not comprehensive enough and do not present
audits of extra-budgetary funds. In addition, the
institution faces challenges of funding and resources.
Institutional framework
Ombudsman
The Ethics and Anti-Corruption The government established the Public Complaints
Commission (EACC) Standing Committee in 2007 to receive all complaints
The EACC has been created in 2011, replacing the relating to public officials. Within this framework, the
former Kenya Anti-Corruption Commission with the institution is also mandated to look into allegations of
mandate to investigate corruption and economic crimes abuse of office, corruption, breach of integrity and
as well as awareness raising on the damaging impact unethical conduct. According to Global Integrity 2011,
of corruption. While the EACC could be given the PCSC does not have adequate staff to cope with
prosecutorial powers by Parliament, it currently the number of complaints from the public, generally
transfers cases to the Attorney General. Patrick facing staffing and funding issues, in addition to
Lumumba took over the directorship of the commission uncertain restructuring or changed mandate in a new
after the Parliaments rejection of Kibakis attempt to Constitution.
unilaterally renew the contract of his long-term ally
Aaron Ringera at the head of the commission in 2010,

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 Kenya: overview of corruption and anti-corruption

Public Procurement Oversight Authority there have been instances where the police interfered
(PPOA) with these rights (Bertlesmann Foundation, 2012).
The PPOA, under the Ministry of Finance, is the Kenya has a relatively strong and vibrant civil society,
institution in charge of policy formulation and although the mobilisation of civil society networks
implementation as well as monitoring and oversight of outside Nairobi is relatively limited due to financial and
public procurement to ensure the procurement infrastructure constraints. . Civil society has repeatedly
processes comply with the requirements of the act. It criticised Kibaki for lack of visible progress in combating
also provides advice and training. Companies guilty of corruption and the impunity of senior officials. There are
violations may be debarred at the discretion of the a number of organisations active against corruption in
director, but there are no indication of how this has the country (Business Anti-Corruption Portal, 2011),
been implemented in practice. Citizens can access among which:
public tender outcomes in the appropriate government
Transparency International Kenya: TI Kenya is the
Web site (http://www.tenders.go.ke/view.contracts.php).
prime source for documentation, awareness raising,
However, security-related tenders may be excluded.
public mobilisation and activism on corruption. In
Kenya is also in the process of automating public
particular, it publishes the Eastern Africa Bribery Index
procurement.
every year, which captures corruption trends in the
region.
Other stakeholders
Mars Group Kenya: The organisation raises awareness
Media on corruption and builds demand for accountability, in
particular through its website which offers interactive
Kenyas new constitution guarantees and further
forums, corruption reports, access to selected
strengthens freedom of the press as well as freedom of
government reports. An online corruption hotline
expression. An independent Communications
system is currently in development.
Commission Kenya has been established, a new media
law is being drafted as well as a new policy for
Centre for Law and Research International Kenya
information and communication. However, according to
(Clarion Kenya): Clarion Kenya aim to make public
Freedom in the World, in 2012 the government
institutions more accountable and responsive to
occasionally attempts to restrict these rights,, with
citizens needs and make publications on corruption
several cases in 2011 of government officials bringing
accessible on its website.
libel and defamation cases against journalists or media
outlets for reporting on alleged corruption. There were Centre for Corporate Governance (CCG): The CCG is a
also reports of harassment and threats against media private organisations promoting the adoption of good
workers by the security forces, allegedly for reporting practice in corporate governance through training,
on issues such as corruption. education, research, advocacy, monitoring and
evaluation.
Kenyas media is increasingly diverse and generally
free from direct censorship and Kenyas independent African Parliamentarians Network Against Corruption
media continues to grow with some publications such Kenya (APNAC): APNAC is active in capacity-building
as the Nairobi Law Monthly providing in-depth of parliamentarians, information campaigns, promotion
investigative analysis of alleged corruption cases of anti-corruption legislation and establishing a legal
(Lansner, 2012). A number of private television and framework for free elections.
radio stations operate, though their reach is limited. The
state retains control of the largest broadcasting International community
network, the Kenya Broadcasting Corporation, which
according to the constitution should be non-partisan. International donors have regularly expressed concerns
Most Kenyans rely on the radio for news. The over governance and corruption challenges in Kenya
government does not restrict access to the internet. and periodically suspended aid on corruption grounds.
For example, shortly after a corruption scandal led to
Civil society donor freeze of Free Primary Education funding in
2011, Kenya was also facing corruption charges from
The new constitution also provides for freedom of the World Bank in connection with funds designated to
association and assembly and these rights are assist with drought relief, leading other donor nations
generally respected, although in the aftermath of 2007,

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 Kenya: overview of corruption and anti-corruption

including the European Union to re-assess their aid to World Bank and IFC, 2007, Enterprise survey,
Kenya (Daily Nation Reporter, 7 July 2011). http://www.enterprisesurveys.org/

As one of Kenya largest development partner, DFIDs World Economic Forum, 2012, Global Competitiveness
choice of aid delivery also takes into account the report 2011-2012, http://www.weforum.org/reports/global-
countrys corruption and governance challenge and competitiveness-report-2011-2012
limits the channelling of UK aid through Government of
Kenya systems until there are measurable Transparency International, 2011, Eastern Africa Bribery
improvements in the governments management of Index,
public finances (DFID, 2012). http://tikenya.org/index.php?option=com_content&view
=article&id=73&Itemid=67
More generally, the Kenya Joint Assistance Strategy
(KJAS) (2007-2012) which brings together 13 bilateral Cherotich, L, Corruption and Democracy in Kenya,
and four multilateral partners including the World Bank http://www.nimd.org/documents/C/corruption_and_dem
and UN Development Programme (UNDP) takes a ocracy_in_kenya.pdf
similar approach, conditioning the provision of budget
support to governance improvements, and envisaging World Bank and IFC, 2009, Doing business,
budget support only when the governance, fiduciary, http://www.doingbusiness.org/
and monitoring and evaluation systems can offer
Mwangi, O., 2008, Political corruption, party financing and
sufficient assurance that funds are used for their
democracy in Kenya,
intended purpose (Kenya Joint Assistance Strategy). http://journals.cambridge.org/action/displayFulltext?type
=1&fid=1874784&jid=MOA&volumeId=46&issueId=02&
In addition, governance and anti-corruption is at the
aid=1874776
heart of the joint assistance strategy, with Improving
governance identified as the third pillar of the KJAS DFID, 2009, Elections in Kenya in 2007,
through measures aimed at reducing corruption, http://www.dfid.gov.uk/Documents/publications1/electio
improving public financial management, and reforming ns/elections-ke-2007.pdf
the public administration. Some KJAS partners are
supporting all government-led efforts in the areas of Independent Review Committee, 2008 , Kriegler report,
public sector reform, public financial management http://kenyastockholm.files.wordpress.com/2008/09/the
reform, and of governance, justice, law and order _kriegler_report.pdf
through a basket fund, while others are assisting
specific activities of the overall programs. Business Anti-Corruption Portal, 2011, Kenya country profile,
http://www.business-anti-corruption.com/country-
profiles/sub-saharan-africa/kenya/
3. References
IDASA Website, Kenya Country Brief, Freedom House, 2012, Freedom in the world Kenya
country profile,
http://www.idasa.org/our_products/resources/output/ke
http://www.freedomhouse.org/report/freedom-
nya_country_brief/
world/freedom-world-2012
Lansner, T, 2012, Freedom Houses Countries at crossroads
Kenya country profile, Global Integrity, 2011, Kenya country profile,
http://www.freedomhouse.org/report/countries- http://www.globalintegrity.org/report/Kenya/2011
crossroads/countries-crossroads-2012
Bertelsmann Foundation, 2012, Kenya BTI report,
The Independent, 2007, Report reveals scale of corruption in http://www.bti-
Kenya, 1 September 2007, project.de/fileadmin/Inhalte/reports/2012/pdf/BTI%2020
http://www.independent.co.uk/news/world/africa/report- 12%20Kenya.pdf
reveals-scale-of-corruption-in-kenya-401113.html
International Budget Partnership, 2010, Open Budget Survey
Transparency International, 2009, Global Corruption Report, Kenya Country Profile,
http://blog.transparency.org/2009/09/23/gcr2009_privat http://internationalbudget.org/what-we-do/open-budget-
esector/ survey/

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 Kenya: overview of corruption and anti-corruption

IPS, 2006, Vehicle Saga Shows Parliament Has Few

Budgetary Teeth,
http://www.ipsnews.net/2006/02/development-kenya-
vehicle-saga-shows-parliament-has-few-budgetary-
teeth/

US Department of State, 2011, Investment climate statement

Kenya country profile,
http://www.state.gov/e/eb/rls/othr/ics/2011/157303.htm

Reporters without Boarders, 2011-2012 Press freedom

Index,
http://en.rsf.org/IMG/CLASSEMENT_2012/CLASSEME
NT_ANG.pdf

Daily Nation Reporter, 7 July 2011, Kenya: Donors cut aid

over fresh funds scandal,
http://www.africafiles.org/article.asp?ID=25460.

DFID, 2012, Summary of DFIDs work in Kenya 2011-2015,

http://www.dfid.gov.uk/Documents/publications1/op/ken
ya-2011-summary.pdf

Kenya Joint Assistance Strategy,

http://kenya.usaid.gov/sites/default/files/KJAS.pdf

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