Can the EACC “clear” candidates? Probably not.

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. Two major developments are in the news where EACC is involved.

Continue reading “Can the EACC “clear” candidates? Probably not.”

Illegal threats during Elections – including Witchcraft

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 the way this politician likes. The Star Newspaper quoted Tigania East MP Mpuri Aburi saying, “If you don’t vote for Kiraitu (as governor in Meru) and he (the witch doctor) points at you, you are no more”. This actually means the politician is threatening all those among the voters with death who – against all reason and evidence – believe in the effectiveness of witchcraft. Continue reading “Illegal threats during Elections – including Witchcraft”

“Curses” are illegal according to a 91 Year old Kenyan Law

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 of 1925 which is still in place and ask if these people have violated that act. They could probably be fined and incarcerated for a while.

Here are cases of the recent past…

Maasai elders threaten to curse Raila.
Pokot Council of Elders threatens to curse leaders who incite youth
Gusii elders threaten to curse those who expose nude pictures of their politicians

Don’t all these elders hold themselves out as a
“witchdoctor able to cause fear, annoyance or injury to another in mind, person or property”?
Don’t they pretend to
“exercise any kind of supernatural power … to cause such fear…”?

(Quotes are from Sec. 2 of the Witchcraft Act)

Here’s the link to the Witchcraft Act

If Amber Rudd was a Kenyan the Minister would step down

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 2016:
EU commissioner Neelie Kroos seems to have violated EU rules by being a director of “Mint Holders Ltd.” on the Bahamas and not revealing it to the EU offices. But in Kenya this would be a serious offence.

Continue reading “If Amber Rudd was a Kenyan the Minister would step down”

Election Offences Act

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 any person to support a particular candidate or political party commits an offence and is liable on conviction to a fine not exceeding ten million shillings or to imprisonment for a term not exceeding six years or to both.” (Sec.12)

 

Continue reading “Election Offences Act”

Common Breaches of Procurement Rules and Regulations

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 by counties that journalists should look out for (ext. link to 2013/14 reports page). It is worth looking at the reports themselves. Continue reading “Common Breaches of Procurement Rules and Regulations”

State Officer holding foreign Bank Account

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. The officers are required to close these foreign account(s) as the Commission may prescribe by notice in the GazetteContinue reading “State Officer holding foreign Bank Account”

EACC – Ethics and Anti Corruption Commission

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 the Director of Public Prosecution (ODPP ), to whom the EACC recommends action. Continue reading “EACC – Ethics and Anti Corruption Commission”

Penalties

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 a person has suffered a loss that can be quantified or measured. The mandatory fine shall be equal to two times the amount of the benefit or loss.
But there is more to it: Continue reading “Penalties”

Secret Inducement for Advice

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 paragraph we quote from an explanation by the EACC.

Jump to the illustration below (source EACC) if neither EACC’s text or the law section itself do not make it clear to you.  Continue reading “Secret Inducement for Advice”

Abuse of Office

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.

Continue reading “Abuse of Office”