Kenya, a Den of The Corrupt & Haven for Corruption Deals

Corruption in Kenya only seems to be getting worse with more and more corruption scandals coming to light every day, such as the recent NYS, KPLC, and KPC corruption cases.

However, data from Transparency International’s Corruption Perception Index shows that the situation is getting better.

In its 2017 ranking, Kenya ranked 143 out of 180 countries surveyed. This was an improvement from the 2016 ranking of 145. Kenya’s CPI score also improved in 2017 to a score of 28 from the previous 26. In Sub-Saharan Africa (SSA) Kenya ranked 28 out of the 49 countries that were surveyed. Kenya was also below the SSA regional average of 32. A higher score in the index reflects less corruption and better measures to prevent corruption.

According to the weekly report by Cytonn Investments, the major areas of concern with regard to corruption in Kenya includes;

Fund Misappropriation 

Where funds that are budgeted for particular initiatives and programs are embezzled. This has had the effect of causing delays in projects and programs. The embezzlement of funds has also caused foreign donors to suspend aid and discourages them from funding projects and programs in the country

Kenyan Public Procurement 

Subject to rampant corruption and bribery, most of the corruption scandals in Kenya today are associated to procurement.

Public Service

The competitiveness of Kenya’s business environment is impeded by rampant public service corruption. Complying with administrative requirements takes a lot of time and is plagued by red tape where bribes have to be given to get licenses.

Land Administration 

There is a very high risk of corruption in Kenya’s land administration.

Customs Administration 

Companies face a high risk of corruption in Kenya’s customs administration.

The report notes that Kenya has made significant strides by instituting legislation criminalizing corruption which includes the following:

• Anti-Corruption and Economic Crimes Act 2003 and Penal Code criminalize corruption, active and passive bribery, bribing of foreign officials, money laundering, abuse of office, extortion, conflict of interest, bid rigging and bribery involving agents.

• The Bribery Act of 2016 which criminalizes primarily private sector bribery, broadly defined as “offering, promising or giving a financial or other advantages to another person”, which may include facilitation payments. The Act imposes a duty on public and private entities to have appropriate anti-bribery procedures in place.

• Public Officers Ethics Act 2003 sets rules for transparency and accountability, as well as gifts and hospitality. Every public officer is required to declare their income, assets, and liabilities every two-years.

• Public Procurement and Disposal Act prohibits corruption in public procurement.

• Finance Act 2006 provides for measures against tax fraud and guidelines on tax administration; it also provides sanctions on corrupt practices.

• Service Commissions Act has a Code of Regulations for civil servants that require meritocratic recruitment and promotion of public officials.

• Access to Information Act 2016 provides a framework to facilitate access to information held by private bodies and promote routine and systematic information disclosure by both public service and private service.

The Kenyan Government, while strengthening its mechanisms for crime detection and prosecution, has also empowered its citizens in addressing and reporting corruption issues. The Anti-Corruption and Economic Crimes Act and the Witness Protection Act provides for protection of whistle-blowers and forbids any disciplinary action to be taken against any private or public employee who assists an investigation or discloses information for such an investigation.