How to Win Corruption in Kenya: A Roadmap for Reform

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Corruption is a major challenge for Kenya’s development and democracy. According to Transparency International, Kenya ranked 143 out of 180 countries on the 2017 corruption perception index, making it one of the most corrupt countries in the world. Corruption cases increased by 64% in the past year, according to a State of National Security report forwarded to the Parliament.

Corruption leads to higher cost of goods and services, and often facilitates transfer of illicit funds for criminal activities. It also undermines the delivery of public goods and services, such as health, education, and infrastructure, and erodes public trust and confidence in government institutions. How can Kenya overcome this scourge and achieve its vision of becoming a prosperous, inclusive, and accountable nation?

Experts and activists have proposed various strategies to combat corruption, ranging from legal and institutional reforms, to public education and awareness, to political will and leadership.

Here are some of the key strategies that is of great important, Strengthen the anti-corruption agencies and the judiciary. Kenya has several agencies mandated to fight corruption, such as the Ethics and Anti-Corruption Commission (EACC), the Office of the Director of Public Prosecutions (ODPP), the Directorate of Criminal Investigations (DCI), and the Asset Recovery Agency (ARA). However, these agencies face challenges such as lack of resources, capacity, independence, and coordination. They also face political interference and resistance from powerful actors who benefit from the status quo.

To enhance their effectiveness, these agencies need to be adequately funded, staffed, trained, and equipped. They also need to be insulated from political influence and pressure, and to work together in a coherent and collaborative manner. The judiciary, which is responsible for adjudicating corruption cases, also needs to be reformed to ensure timely, fair, and impartial justice. The judiciary should be free from corruption, intimidation, and manipulation, and should uphold the rule of law and the constitution.

Enact and enforce anti-corruption laws and policies. Kenya has a number of laws and policies that aim to prevent and punish corruption, such as the Anti-Corruption and Economic Crimes Act, the Public Officer Ethics Act, the Leadership and Integrity Act, the Public Procurement and Asset Disposal Act, the Access to Information Act, and the Whistleblower Protection Act. However, these laws and policies are often poorly implemented, enforced, and monitored. They also have loopholes and gaps that allow for corruption to thrive.

For instance, the Whistleblower Protection Act, which is meant to protect those who report corruption, has not been operationalized since its enactment in 2016. To address these challenges, the government needs to review, amend, and harmonize the existing laws and policies to ensure they are consistent, comprehensive, and effective. The government also needs to ensure the full implementation, enforcement, and oversight of these laws and policies, and to hold accountable those who violate them.

Promote transparency and accountability in public finance and procurement. Public finance and procurement are among the most vulnerable and lucrative areas for corruption in Kenya.

To curb this menace, the government needs to enhance transparency and accountability in public finance and procurement. This includes ensuring that the budget process is participatory, inclusive, and responsive to the needs and priorities of the citizens. It also includes ensuring that the procurement process is competitive, fair, and open, and that the contracts and tenders are publicly disclosed and audited.

The government also needs to adopt and use technology, such as electronic platforms, biometric systems, and blockchain, to improve efficiency, integrity, and traceability in public finance and procurement.

Empower and engage the citizens and the civil society. Citizens and civil society organizations play a crucial role in fighting corruption, by demanding accountability, exposing corruption, and advocating for reform. However, many citizens and civil society actors face challenges such as lack of information, awareness, and capacity, as well as harassment, intimidation, and reprisal.

To overcome these challenges, the government needs to empower and engage the citizens and the civil society in the anti-corruption efforts. This includes providing access to information and data on public finance and procurement, and creating platforms and mechanisms for citizen feedback and participation. It also includes protecting and supporting the rights and freedoms of the citizens and the civil society, and creating an enabling environment for their work.

Demonstrate political will and leadership, the ultimate success or failure of the anti-corruption efforts depends largely on the political will and leadership of the government and its officials. Without political will and leadership, the anti-corruption agencies, laws, policies, and initiatives will remain ineffective and futile. Political will and leadership entail showing commitment, action, and example in the fight against corruption.

This includes declaring and pursuing a zero-tolerance policy on corruption, and supporting and facilitating the work of the anti-corruption agencies and the civil society. It also includes leading by example, and ensuring that the public officials are ethical, accountable, and responsible. Political will and leadership also require addressing the root causes and drivers of corruption, such as poverty, inequality, and impunity, and promoting a culture of integrity, honesty, and service.

Corruption is not inevitable or insurmountable. It can be prevented and reduced, if not eliminated, with the right strategies and actions. Kenya has the potential and the opportunity to win corruption, and to realize its vision of becoming a prosperous, inclusive, and accountable nation. The time to act is now.