An agent is guilty of an offence according to Sec. 41 of the Anti-Corruption and Economic Crimes Act if he does the following to the disadvantage of the principal (and the general public): He makes a false or misleading statement to his principal or Gives his principal a document, which he knows, contains anything that … Continue reading “Deceiving the principal”
Well, this might not be the most important story about good governance, but anyway: It seems to be fashionable especially for elders to threaten to “curse” someone who misbehaves according to them. If you have time and would like to do a fairly unsusual story about those who threaten: Look at the Kenyan Witchcraft Act … Continue reading “Curses are common but illegal according to a 91 Year old Kenyan Law”
One thing that we at RoGGKenya do as a service to our fellow journalists is that we try to locate the rule of law for what Kenyan authorities are doing – or should do. And now it is the action of the EACC, the main agency that fights corruption in Kenya, that is in question. … Continue reading “Can the EACC “clear” candidates? Probably not.”
An earlier post on RoGGKenya.org has to be taken even more seriously than we have thought. We stated in the post that witchcraft is illegal in Kenya, and we thought this was just a minor issue. We could barely imagine that a politician would actually threaten citizens with witchcraft if they don’t cast their votes … Continue reading “Illegal threats during Elections – including Witchcraft”
Beware, public officers! Just one quote from the new Election Offences Act of Kenya: “15. (1) A public officer who — (a) engages in the activities of any political party or candidate or act as an agent of a political party or a candidate in an election;
British minister of interior Amber Rudd would face investigation and possibly prosecution by the EACC – if she was a Kenyan minister. If the Kenyan laws were enforced and to be followed worldwide, corruption would have little room. Because the laws are very good, even compared to other countries. Just a few examples of September … Continue reading “If Amber Rudd was a Kenyan the Minister would step down”
The Election Offences Act, 2016 is in effect from Oct. 4, 2016. It provides, among others, for penalties (the highest being) ten million Shillings and/or up to to six years imprisonment, depending on the offence. “A candidate or any other person who uses a public officer or the national security organs to induce or compel … Continue reading “Election Offences Act”
Procurement related corruption is common in Kenya. The most serious scandals that have ever happened in Kenya involve procurement. Examples include the Anglo-Leasing Scandal, NHIF Civil Servants Medical Cover Scheme, IEBC BVR Kits, NSSF Tassia Estate and Standard Gauge Railway Scandal. The Auditor General (OAG) of Kenya often points out a number of breaches relating to procurement … Continue reading “Common Breaches of Procurement Rules and Regulations”
Under the Leadership and Integrity Act Sec. 19, Public Officers including State Officers shall NOT possess a bank account outside of Kenya. They must declare foreign accounts to the EACC once appointed to office. They also have to submit statements of the account annually to the Commission and authorize the Commisison to verify the statements. … Continue reading “State Officer holding foreign Bank Account”
Is holding sual citizenship as a Kenyan State Officer allowed? No! In Kenya a state officer may NOT have dual citizenship. This is unlawful and may warrant punishment as is provided for in Sec. 31 of the Leadership and Integrity Act. The law that also constitutes the code of conduct for all state officers.
Attempts and Conspiracies to corrupt behaviour are also an offense. But how to define attempts and conspiracies? Reference: ACECA Sec 47A This is what the act says:
The Ethics and Anti-Corruption Commission (EACC), refers to itself as “the lead government agency in the fight against corruption and the promotion of ethical standards, good governance, leadership and integrity.” The EACC investigates and has powers like the police. But it has no power to prosecute cases, as prosecutorial powers lie with the Office of … Continue reading “EACC – Ethics and Anti Corruption Commission”
Penalties for Corruption Offences The Law provides for the following penalties: – A fine not exceeding Ksh 1,000,000/- or imprisonment for a period not exceeding 10 years or both. – Additional mandatory fines, if as a result of the corrupt conduct or economic crime a person receives a benefit that can be quantified or measured, or … Continue reading “Penalties”
Public officers have to declare income, assets and liabilities of either himself, his spouse(s) and his children under 18 every second year. The procedures for doing this are lain out in Part IV Sec. 26 to 34 of the Public Officers Ethics Act. If they don’t they are committing an offence.
Somebody who believes or knows that a property was acquired through corruption but still handles this property commits an Offence. Handling can mean different things: to hold, to receive or to use the property – or cause it to be used. It can also mean entering in any transaction in relation to the property.
Bribery occurs when a person dishonestly gives or receives a benefit as an inducement or reward for doing or omitting to do what one is already under duty to do or omit to do. Relevant section in law: ACECA 39 – Bribery involving agents
The term for this offence is not easy to comprehend. It even sounds misleading. The “secret” can as well be the inducement as well as the content of the advice. The profit for the one who induces the advice and bends it to serve him lies at the heart of this offence. In the following … Continue reading “Secret Inducement for Advice”
If there is a conflict of interest in a public matter, any agent for the state in the matter is obliged to disclose this conflict. Otherwise an offence is committed. Legal Source: Section 42 of the Anti-Corruption and Economic Crimes Act
Abuse of Office (section 46 of the Anti-Corruption and Economic Crimes Act, 2011) means: A person is guilty of an offence if he/she uses his/her office to improperly award a benefit to him/herself or another person.
The law prohibits the giving, offering, receiving or soliciting bribes to influence or reward the appointment of a person as a trustee. A trustee is a person appointed to take care of someone’s property for the benefit of a third party over a given period of time. The third party is usually referred to as … Continue reading “Improper Benefits to Trustee for Appointment”