Press Releases
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Stop this parliamentary tyranny, greed and impunity now!
PRESS STATEMENT
It is in the public interest that we the undersigned civil society organizations formally make this statement concerning the on-going spirited campaign mounted by the Kenyan MPs against the Salaries and Remuneration Commission (the SRC) demanding for a salary increment and threatening the removal from office of the SRC Commissioners from office. We are deeply concerned and disappointed that at a time when Kenyans are looking for a break from the past, legislators drawn from both houses of Parliament are hell-bent on increasing their salaries through threats and arm-twisting tactics that go against the constitutional standards of behaviour demanded of both public and state officers. The timing and show of collective greed is in total disregard of the values and principles of the constitution regarding the management of and the governance over public resources as enshrined in Articles 1, 2, 10, 73, 74, 75, 94, 95, 96, 116, 201, 206 and 230. Read more...
Audit of Kriegler commission report establishes that majority of the recommendations have been implemented
Nairobi– 26th February 2013 –An audit of the implementation of Independent Review of Elections Commission (IREC)-the Kriegler Commission report by Transparency International Kenya finds that a raft of its recommendations have been implemented. These include constitutional, legal and policy interventions that have been effected to actualize the Kriegler recommendations. Read more...
60% Kenyans believe corruption levels have increased or remained the same during President Kibaki’s 10 year rule
Mombasa – 24th February 2013 –A survey by Transparency International Kenya reveals that 58% of Kenyans think corruption levels have either remained the same or increased in the last decade. 14.5 percent of these respondents believe the levels have increased a lot across that period. Read more...
Status of Transition: A Civil Society Scorecard
The Transition to Devolved government Act, 2012 establishes the Transition Authority to facilitate the transition. The Act demands that the Transition Authority perform its functions subject to the Constitution, and be accountable to the people of Kenya and ensure public participation in the process. The Constitution of Kenya equally provides the involvement of people into the process of policy making and accountability for administrative acts.
Further to a civil society meeting held on 30th November 2012 to assess the status of implementation of devolved government we noted the stringent timelines facing the Transition Authority whose members were appointed in June 2012. We commend their efforts to get the transition process on track but note the following critical concerns that threaten to derail the transition process. Read More...
Nairobi – 19th November 2012 –A survey by Transparency International Kenya and Trade Mark East Africa (TMEA) reveals that regulatory authorities in East Africa demand the highest amount of bribes from transporters and drivers along the transport corridors.
According to the report titled Bribery as a non-tariff barrier to trade; a case study of East African trade corridors, Tanzania’s regulatory authorities ranked worst at USD 12, 640 (Kshs. 1,074,400) followed by Kenya at USD6, 715 (Kshs. 570,775), Uganda was third at USD3, 672 (Kshs.312, 120) while Rwanda ranked fourth at USD 679 (Kshs. 57,715) and Burundi had the lowest at USD293 (Kshs. 24,905). Read more...
Statement by Civil Society Organizations on the move by Members of Parliament to award themselves a hefty severance package
The move by Members of Parliament to introduce amendments to the Finance Bill 2011 effectively awarding themselves a hefty Ksh 2.1 Billion severance package is extremely disturbing and unfortunate and in direct conflict with the constitutional mandate of the Salaries and Remuneration Commission established in article 230 of the Constitution of Kenya.
We note with great concern this pattern of Kenyan Members of Parliament in continuing to flout the law, this time disregarding the essence of the Salaries & Remuneration Commission. We are also deeply concerned that Members of Parliament and the Parliamentary Service Commission have abused their privileges and disregarded all rules of decency and conflict of interestand make a mockery of the letter and spirit of the Constitution. Read More...
The East African Bribery Index 2012: Bribery levels remain high in Kenya
Nairobi, Kenya: Friday 31st August 2012 – Bribery prevalence in Kenya remains high as the country moved from fourth place recorded in 2011 to third in the 2012 East African Bribery Index (EABI) with an aggregate index value of 29.5% up from the 28.8% recorded last year.
Uganda registered the highest bribery levels in the region with a value of 40.7%. Burundi, the worst ranked country in 2011 recorded a significantly lower index of 18.8%, down from 37% recorded last year. Tanzania recorded 39.1% respectively while Rwanda remains the least bribery-prone country in the region with an aggregate index of 2.5%. Read More...
The leadership and integrity bill as proposed by cabinet fails to address deficiency of integrity in leadership in Kenya
Tuesday, 15th August 2012, Nairobi, Kenya: The move by cabinet to delete several key provisions from the leadership and integrity bill as proposed by the Commission for the Implementation of the Constitution (CIC) and stakeholders is the boldest attempt yet by the Executive to undermine the aspirations of Kenyans as expressed in the Constitution. Read More...
LAUNCH OF THE CONTRACT MONITORING KENYA NETWORK AND BASELINE REPORT
Reforming public contracting: Giving Kenyans value for money
Nairobi, Kenya: Monday, June 18th, 2012 – The performance of public contracts in Kenya has, for decades, dominated public debate on financial accountability. The success of public projects is determined by a well defined contractual process of competitive bidding that seeks to protect the public against the squandering of public funds and prevents abuses such as fraud, favouritism and extravagance. Corruption is further compounded by the lack of information and the veil of bureaucracy donned by public institutions. Kenya has similarly continued to score poorly in the global corruption perception reports.
It is against this background that a pioneer multi-stakeholder group - Contract Monitoring Kenya Network (CMKN)1 was established to empower citizens to hold public authorities accountable and to espouse transparency and accountability in public contracting. The network was officially launched today. Similar networks have been launched in Zambia, Uganda, Tanzania, Rwanda, Nigeria, Ghana, Sierra Leone and Liberia through the support of the World Bank Institute
A key activity that will guide the network’s future intervention is the ‘Baseline Study on Public Contracting in Kenya’ carried out by the network that was launched today. The study sought to obtain an overview of the current status of public procurement in Kenya. It focuses on four key public sectors: education, water, construction industry (particularly in roads/transport infrastructure) and health (mainly in pharmaceuticals).
Study methodology
The primary methodology of the study was a desk review of available literature- reports and documents on public procurement reforms in Kenya. The study reviews a number of reports from 2009 to date. It makes a summative review of the status of procurement in the targeted sectors, the recommendations made by the reports, the actions taken so far and existing gaps.
1 CMKN is a multi‐stakeholder group comprising the following institutions: Transparency International‐Kenya(TI‐K), Kenya Institute of Supplies Management (KISM), Kenya Alliance of Resident Associations (KARA), Kenyan Section of the International Commission of Jurists of Kenya (ICJ), Kenya Private Sector Alliance (KEPSA), Strathmore University, The Public Procurement Oversight Authority (PPOA), Management Science for Health, Kenya (MSH‐K), Kenya Medical Supplies Agency (KEMSA), National Taxpayers Association (NTA), Health Action International Africa, Kenya Federation of Pharmaceutical Manufacturers (KFPM), Ethics and Anti‐Corruption Commission (EACC), Internews Kenya, Forum for Transparency and Accountability in Pharmaceutical Procurement (FoTAPP), Kenya Association of Manufacturers (KAM).
Key limitations to the study included:
•Some public institutions blatantly refused to share information or provide documents to assist the study
•Many current reports are marked confidential and are not available for distribution or reference
•Some of the public agencies’ websites had outdated information, very old reports and could not provide information on the current status of procurement.
KEY FINDINGS AND RECOMMENDATIONS
The study identified factors that contribute towards inefficiencies in procurement in the four sectors and gave specific recommendations. The following are the overall findings and recommendations:
1.Poor Planning: Very little procurement preparation seems to take place in the public sector. This precipitates several small volume procurement sessions that result in high acquisition costs in both price and effort. For regularly consumed items, it is far more efficient for orders to be consolidated on a monthly or bi-weekly basis.
2.Corruption: There are legislative provisions for the rotation of contracts to pre-qualified suppliers, but these are seemingly not applied, and the same enterprises seem to get regular orders. In some instances, nepotism and ethnic affiliation plays a role in the award of contracts. The penalties may not be punitive enough to deter corruption. The penalty provided by the law should be specific to the offence to ensure deterrence.
3.Delays in payment: Legislation provides that payment should be made within 30 days. The reality is that payments may take as long as 180 days. Delays are caused by factors ranging from failure to adhere to legislated accounting stipulations, excessive bureaucracy, insufficient funds, quarterly draw-downs by public institutions, corruption, staff absences, and poor work ethics. Most suppliers are not aware of the penalty provision on delayed/outstanding payments, and those who are aware would be reluctant to apply it, in case it compromises future business with the public entity.
4.Information communication technology: There is limited use of Information Communication Technology (ICT) in the procurement processes. Computers are most often used to draft letters, prepare spread sheets, and compile tenders. The use of procurement software as a management tool cannot be overstated. Software that links the procurement process to the accounting authority would make the process much more efficient.
5.Statutory amendments: The current legislation governing public contracting contains loopholes which encourage corruption and an amendment of the law should be part of the reform process. Provisions requiring amendments include that pertaining to the termination of procurement proceedings to curb conflict of interest.
6.Public participation: The general public lacks automatic standing before the Public Procurement Administrative Review Board or the High Court as a form of redress on procurement issues. In practice, the proceedings of the Review Board are not open to the public but to the disputants only. As such accountability to the general public is lacking.
7.Payment procedures: Lack of proper payment procedures facilitate corruption. For instance, some payments are done before the delivery of goods or full payments are issued for partial delivery. In other circumstances, there is selective payment of suppliers based on which supplier has paid the highest amount of “kick-backs”. There is need for sufficient, clear and documented payment processes to seal this loophole.
NEXT STEPS
The results of this baseline study will further advise the network’s strategy to espouse transparency and accountability in public contracting. The network intends to build the capacity of citizens to monitor public contracting and ensure value for money in public service delivery. CMKN will also advocate for leadership with integrity and free access to information which is the foundation of any monitoring system. The citizens of Kenya can only monitor what they know; hence access to information is paramount.
Teresa C. Omondi,
National Convener
For the Contract Monitoring Kenya Network
Media contact Sheila Masinde: Tel: +254 20 2730324/5 or 2727763/5 +254 722 296389 or +254 733296389
Fax: 254 20 2729530 Email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it
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JOINT CIVIL SOCIETY PRESS STATEMENT
THE SPEAKER AND PARLIAMENTARY SERVICE COMMISSION MUST CHECK CLAIMS OF IMPROPRIETY BY MPS
24th April 2012, Nairobi, Kenya: Allegations that Members of Parliament are abusing their positions for personal gain at the expense of the public are extremely disturbing and raise fundamental accountability and transparency concerns. The Speaker and the Parliamentary Service Commission should move quickly to act on these allegations and punish anyone found to be abusing their positions. Members should not use parliamentary privilege to escape liability.
Reports that Members of Parliament awarded themselves Kshs 3.7 million each in gratuity in exchange for defeating amendments to the Finance Bill 2011 aimed at curbing high bank interest rates, is yet another demonstration that public interest matters least to majority of Kenya’s legislators. Such payment will be an unnecessary additional burden to the already overburdened Kenyan taxpayer. It is unacceptable that Members of Parliament continue to enjoy hefty untaxed allowances and benefits without sharing equitably in the burden of generating it. The self-award also goes against the rules of natural justice and severely compromises the principles of good governance by an institution that should be the custodian of such principles and undermines the role of the Salaries and Remuneration Commission.
Claims of corruption and extortion among Members of Parliament have been consistent and persistent. Action needs to be taken to save the dignity of the august house. Failure to address these issues conclusively only serves to undermine the representation, watchdog and legislative functions of Parliament.Claims that some MPs received Kshs. 50,000 each in bribes from banks to defeat the attempt to cap interest rates, if true, further exhibit the level of greed and self-aggrandisement among legislators. There have also been claims that some MPs have solicited kickbacks from corporations to protect their interests in Parliament. This is not the first time that such complaints have been made. In all previous claims Parliament failed to address the integrity issues and to inform the public of the outcome of its investigations.
To restore the integrity of Parliament and public confidence in the institution and MPs, we demand the following action:
1. The Salaries and Remuneration Commission, as the core determinant of public officers’ remuneration and allowances, should be operationalised immediately and review the recent gratuity award to MPs in line with the procedures articulated by the laws of Kenya.
2.The Speaker of the National Assembly and the Parliamentary Service Commission should institute investigations into current and past allegations of corruption, communicate the outcome to the public and punish perpetrators.
Parliament, being one of the key institutions involved in providing oversight for anti-corruption efforts must be, like Caesar’s wife, beyond reproach. Corruption erodes public trust in and credibility of institutions, which makes it difficult for Parliament to spearhead anti-corruption reforms.Kenyans must be vigilant and monitor improper conduct by their MPs; we urge the public to reject individuals implicated in corruption should they seek any public office.As civil society organisations, we commit to facilitating opportunities for the public to vet aspirants for elective positions and sharing such and other information on improper conduct by leaders, when vetting gets underway.
Through the Jukwaa la Katiba platform, a group of civil society organisations filed a case at the High Court of Kenya in September 2011 seeking orders to compel MPs to pay their taxes; we seek more public support in pursuing this case so that all MPs not only enjoy the benefits of public revenue, but also wholly partake in its generation.
Samuel Kimeu
Executive Director
Transparency International-Kenya on behalf of the following civil society organisations:
(1) Centre for Governance and Development (CGD)
(2) Centre for Law and Research International (CLARION)
(3) Constitution and Reform Education Consortium (CRECO)
(4) Community Aid International (CAI)
(5) Legal Resources Foundation (LRF)
(6) National Taxpayers Association (NTA)
(7) The Institute of Social Accountability (TISA)
(8) URAIA-Trust
(9) Society for International Development (Kenya)
Media contact: Sheila Masinde, Tel: +254 20 2730324/5 or 2727763/5;+254 722 296389 or
+254 733296389
Fax: 254 20 2729530 ;Email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it
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Learning from the 2011 drought response: Integrity and accountability critical in enhancing effectiveness of food assistance efforts
Nairobi, Kenya: Wednesday, March 21st, 2012 - For several years, food aid has represented the largest component of emergency response and has been the most consistently funded in Kenya; 2011 was no different. With 3.75 million Kenyans affected by food shortages, the Government of Kenya athe international community launched a national response effort. It is against this background thTransparency International-Kenya with the collaboration of government and non-state humanitarian actors conducted a study on the integrity of food aid provision in the Arid and Semi-Arid Lands (ASALs) of north and north-eastern Kenya during the 2011 drought response.
The ‘Food Assistance Integrity Study’ highlights various approaches of food assistance in Kenya with the aim of enhancing integrity, accountability, efficiency and cost effectiveness in the implementation of food assistance programmes. The study uncovered evidence of critical flaws in the food assistance chain and highlights concrete recommendations to specific sector players to enhance integrity, accountability and effectiveness of food assistance programming. The study was conducted with the close cooperation of key actors in the sector, namely the Government of Kenya, United Nations, humanitarian and donor organisations.
METHODOLOGY
This study was conducted through desk research, key informant interviews in Nairobi and the ASAL regions, and focus group discussions with communities receiving food assistance in West Pokot, Turkana and Wajir counties between September and December 2011. A stakeholder group consisting of representatives of the government, donor governments and non-governmental organisations was formed
to guide the process of the research and support the recommendations from the study through the formulation of increased governance mechanisms for food assistance in Kenya.
KEY FINDINGS
· General food aid seen as most susceptible to corruption: The study sought to establish the risks facing different food assistance instruments in Kenya namely general food aid (in-kind), cash transfers and vouchers. The vast majority of respondents perceived general food aid as attracting the highest risk in terms of ensuring an effective, efficient, accountable and transparent response. Food aid was also considered to be more prone to risks than other in-kind sectors, largely due to its scale and the weaknesses in its transparency and accountability mechanisms. Cash transfers are perceived as less prone to corruption due to the emphasis placed on strong systems and reliance on electronic disbursement channels.
· Politicisation of food assistance: There was evidence of political leaders, local elites and local relief committees influencing the determination of beneficiaries. With regard to personnel recruitment, concerns were raised on internal pressures to employ relief staff from certain communities, or due to political interference. There were also risks and challenges in transportation partly due to political influence in procuring the trucking companies, and transportation costs not being adequately resourced by the Government thus increasing the likelihood of food rations being looted and sold or both, as a form of payment.
· Failure to respond to early warning signs: Lack of response to early warning signals has perpetually stalked relief efforts in Kenya, often leading to late, rushed and politically pressured response in Kenya. Some organisations struggled to place strong procedures in place in the limited time available, heightening the risks of corruption and diversion; the quality and effectiveness of the response initiatives were also comprised and not well monitored.
· Weak coordination and policies: The current disaster management and food aid structures, multiple actors and lack of government policies on and guidance for food distribution contributed to a relatively weak understanding of ‘who is doing what and where’. These led to duplication of efforts and impeded the prioritisation of areas and population in most need. “There were multiple actors involved in food assistance in response to the drought in 2011. There were attempts at increasing the coordination of food aid, but without much impact. For example, a Food Taskforce was set up but it met very few times,” said the Executive Director, Transparency International-Kenya, Samuel Kimeu during the launch of the Food Assistance Integrity Study.
· Poor communication: Concerns were raised over lack of information regarding the number of actors involved, how much food is intended for distribution, period of delivery, and the responsibilities of the various actors in the distribution chain.
KEY RECOMMENDATIONS
· All actors in food aid should carry out joint analysis of corruption-related risks regarding different food assistance instruments (in-kind, voucher and cash transfers), identify mitigation measures, and processes for joint monitoring of food assistance activities.
· Non-governmental humanitarian organisations should address corruption risks ahead of emergency responses by for instance monitoring programmes to increase oversight and build their capacity to scale-up other aspects of programme support. There is also need to strengthen and coordinate complaint mechanisms aimed at addressing incidents of relief diversions and malpractices.
· The Government of Kenya should embrace the letter and spirit of the right to information as espoused in the Constitution of Kenya, in carrying out food assistance programmes. It should adopt a proactive stance by providing more regular, accurate and timely information to the public regarding
response efforts, resources raised and disbursed, food allocations, delays and changes in rations. “It is also imperative that the government evaluates its response to last year’s drought to establish a baseline of performance measures and share lessons learned for future improvement,” said Mr Kimeu.
. Donor governments should promote transparent reporting of corruption cases and related challenges by partner organisations, and increase resource investments for field monitoring, downward accountability mechanisms and forensic audits.
NEXT STEPS
“This report will offer guidance and support to the many humanitarian actors who devote their lives to alleviating hunger and will enhance the effectiveness of food assistance programmes in Kenya. We hope this study will promote the participation of citizens in monitoring humanitarian assistance and reporting cases of corruption,” said the TI-Kenya Board Chair, Dr Richard Leakey.
The study is the first step of the TI-Kenya’s Humanitarian Aid programme whose focus now shifts to advocacy and capacity building of stakeholders. TI-Kenya will partner with civil society organisations in Wajir, West Pokot and Turkana in training local communities to actively monitor and report suspected corruption cases in food aid and other basic services. Through TI-Kenya’s Advocacy and Legal Advisory Centres (ALACS), the programme will seek to enhance effectiveness of community-based complaint mechanisms and their linkages with watchdog institutions at the county level such as the Commission on Administration of Justice, the Ethics and Anti-Corruption Commission and the Kenyan National Commission on Human Rights.
SAMUEL KIMEU
EXECUTIVE DIRECTOR
TRANSPARENCY INTERNATIONAL-KENYA
Media contact Sheila Masinde: Tel: +254 20 2730324/5 or 2727763/5 +254 722 296389 or+254 733296389
Fax: 254 20 2729530 Email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it
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Opinion poll signals changing trends as more Kenyans aspire for leadership grounded on values and citizen-centred issues
Nairobi Monday, March 5th, 2012- Ethnicity and political euphoria may have little impact in the next general elections, according to an opinion poll on the ‘State of Governance in Kenya’ conducted by Transparency International-Kenya.According to the survey, there is a high level of public expectation for honesty and a clean development record among aspiring leaders with 77% of the respondents reporting that they will consider these two values in casting their votes; 15.7% said they will consider election pledges while 4% cited the ethnicity of a candidate as a key factor in selecting leaders.
The opinion poll was conducted with the implementation of the Constitution, anticipated general elections and impending International Criminal Court (ICC) trials on the 2007/2008 post-election violence in mind. These three processes have without doubt placed key governance institutions under a sharp spotlight, ignited Kenya’s political temperature and catalysed political formations.
The opinion poll aimed to evaluate: the perceived changes in governance practices in Kenya since the adoption of the Constitution; anti-corruption efforts; factors that are likely to influence voting patterns in the next general elections and the impact of the ICC process on the forthcoming elections and Kenya in general.
Methodology: The survey was conducted among 1,936 Kenyans between January 20th and February 13th, 2012. Face to face interviews were conducted among respondents selected through simple random sampling. The study sample was distributed among the previously existing provincial regions, on a population proportion to size basis. The estimated margin of error was +/- 2.2% at 95% confidence level.
KEY FINDINGS
Issues that matter to the electorate: Majority of Kenyans want candidates in the next elections to make commitments to build national cohesion (27.9%), fight poverty (27.1%), reduce the cost of living (22.7%), and tackle corruption (21.6%). These results demonstrate Kenyans’ desire for issue-based politics. Politicians therefore have to be alive to the critical challenges facing the electorate. Vetting of candidates by the electorate will play a crucial role in determining their values, vision and ability to deliver commitments made during the campaigns. Vetting strategies should therefore occupy a central role in civic education initiatives by the state and non-state actors. “We must critically scrutinise all individuals seeking our votes and take advantage of the next general elections to birth a refined leadership that meets our priorities and expectations, and places country before self,” said the TI-Kenya Executive Director, Mr Samuel Kimeu during the launch of the opinion poll report.
The extent to which the Constitution has changed the governance structure: Sixty-four percent of the sampled population said there has been positive change in governance practices since the passage of the Constitution; 28% of the respondents reporting positive change pegged their position to judicial reforms while 26% mentioned more awareness on human rights. The rising cost of living and high corruption levels have seemingly diminished appreciation for the Constitution. About 34% and 11% cited the rising cost of living and high levels of corruption respectively as the reasons behind their pessimism on the impact the Constitution has had on governance practices. Realistically, the Constitution may only deliver better living standards in the long term but the government should devise more progressive policy interventions to alleviate the rising cost of living.
Institutions perceived as impediments to the implementation of the Constitution: Parliament is viewed as the largest threat to successful implementation of the Constitution.Fifty-seven percent of the respondents were apprehensive about Parliament’s commitment to the implementation process while 15% and 12% cast doubt on the Judiciary and Presidency respectively in the same regard. Parliament is at the centre of the legislative process therefore it is important that the public views it as an institution that facilitates rather than hinders or stalls implementation. Perhaps petty politicking, partisan interests and self-preservation attempts by Members of Parliament during the law-making process have eroded public confidence on this all-important institution. There is need for Parliament to examine why the public has a negative perception on its commitment to the constitutional implementation process and reform accordingly.
Anti-corruption efforts by the government: Seventy-seven percent of the sampled population reported lack of awareness of any government-led anti-corruption efforts in their locality. It is unlikely that there are no anti-corruption efforts in the areas where lack of awareness was reported, implying that the efforts are not publicised and/or sufficiently inclusive. Messaging of corruption issues should be simple and widely accessible through appropriate media and languages to facilitate broad awareness and public participation in anti-corruption efforts.
Public confidence in institutions involved in anti-corruption efforts: The Ethics and Anti-Corruption Commission (EACC) and the civil society each received a confidence rating of about 33% on their ability to steer the fight against corruption.Public confidence in the commission should be maintained and elevated even further as it is a key factor in mobilising civic support in the fight against corruption. “As a matter of urgency,Parliament should address the stalemate in the appointment of the EACC Chair and Commissioners, as the doubts cast on the integrity and ability of those nominated to serve in these positions, may diminish public confidence in EACC’s ability to tackle corruption. TI-Kenya recommends a fresh start of the selection process, starting with the appointment of a new selection panel,” said Mr Kimeu. “The glaring weaknesses of the EACC Act must also be addressed through requisite amendments to fully arm the Commission in the war against corruption,” he added.
Impact of the ICC process: About 46% of the respondents said that the impending ICC trials will help minimise a recurrence of electoral violence in future; 20% believe that the ICC process will provide relief or justice for the victims. On this basis, the establishment of the judicial and legal structures necessary to prosecute other post-election violence perpetrators not committed to the ICC process should be expedited.
Kenya’s hope lies in a strong Leadership and Integrity law effectively enforced
The Ministry of Justice, National Cohesion and Constitutional Affairs has indicated plans to table the Leadership and Integrity Bill, 2012, before the Cabinet and Parliament soon. A strong leadership and integrity law effectively implemented holds the key to the election and appointment of deserving individuals who hold Kenyans’ best interests at heart. It has the potential to commit leaders to selfless service and thus serve to surmount various hurdles that have been placed on the path of the constitutional implementation process and efforts targeting justice for the victims and perpetrators of the post-election violence and other acts of impunity. “TI-Kenya is aware that vested interests have already coalesced to oppose an effective leadership and integrity law following past involvement in acts of human rights abuse and corruption by themselves or their allies, and resultant uncertainty on their political destiny. TI-Kenya with its partners, will identify, publicise and urge Kenyans to blacklist all legislators who work towards undermining the proposed Leadership and Integrity Bill,” said Mr Kimeu.
SAMUEL KIMEU
EXECUTIVE DIRECTOR
TRANSPARENCY INTERNATIONAL-KENYA
Media contact Sheila Masinde: Tel: +254 20 2730324/5 or 2727763/5 +254 722 296389 or +254 733296389 Fax: 254 20 2729530 Email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it
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JOINT PRESS STATEMENT BY CIVIL SOCIETY ORGANISATIONS END STALEMATE ON THE ETHICS AND ANTI-CORRUPTION COMMISSION NOMINATIONS
Nairobi, Kenya, Thursday, 12th January 2012: The civil society is disappointed with the process of recruitment of Commissioners to the Ethics and Anti-Corruption Commission (EACC). The process is highly flawed and stands no chance of giving Kenya a credible Ethics and Anti-Corruption Commission. The recruitment should therefore be immediately terminated and a new one commenced without further delay. We consider the vote on the report of the Parliamentary Committee on Justice and Legal Affairs that divided Parliament right through the middle as a vote of no confidence in the process and the candidates so nominated. Important issues were raised in Parliament such as the failure or omission by the executive to give reasons for the rejection of the highest scoring candidates, issues of ethnicity and the lack of demonstrable interest in anti-corruption and governance issues. Any commissioners (or Commission) appointed with such issues hanging over their credibility will suffer a crisis of confidence that will be difficult to overcome. We also note that the President and the Prime Minister forwarded the names of their choice to Parliament for approval one week outside the legal deadline without invoking the provisions of Section 6 (18) of the EACC Act that governs the procedure for extension of time. This omission, though a technicality that should not be given pre-eminence over substance, opens the process to legal challenges and may prove a significant hurdle to the legality of the process. The Ethics and Anti-Corruption Commission Act provides that the executive through a gazette notice should seek for not more than 21 days extension in case of delays. We further note that it is impossible to have a strong and credible EACC without revisiting the law establishing it with a view to strengthening it. Parliament in enacting the EACC Act in August 2011 was clearly driven by considerations inimical to the fight against corruption and went to great lengths in ensuring a weak legal framework for a Commission with responsibility for a critically important chapter in the Constitution that is also a key pillar in the re-birth of our nation. A commission such as is established under the current law and such as the recruitment process is likely to deal a fatal blow to the aspirations of Kenyans as espoused under Article 10 (National Values and Principles of Governance) and Chapter Six (Leadership and Integrity) of the Constitution. The recruitment process and the continued vacancy in the EACC, confirms our assessment that Parliament erred in enacting the EACC law providing for the removal of the directorate of the KACC without envisioning a smooth transition in the interim. A section of the civil society had urged the executive not to assent the Bill into law without a clear transition roadmap. This was ignored. As a result, the work of the commission is in limbo and the fight against corruption has been dealt a significant blow. Successive anti-corruption commission officials have been accused of incompetence, bias and reluctance to tackle corruption head-on; these perceptions have eroded public confidence in this all-important institution. The war against corruption must be led by individuals who believe in and practice the ideals of the Constitution, have an unimpeachable reform record and are true advocates of integrity. Further, such individuals must be appointed in a credible process that inspires public confidence in the outcome. We therefore recommend to the executive and Parliament to re-start this process and imbue it with the confidence and integrity it warrants. We recommend a fresh recruitment of the commissioners, starting from re-advertising the positions, the setting up of a new selection panel and allowing transparency and integrity to guide the process that will result in the selection of the most suitable candidates to form the commission. Finally it would be important to understand why such high standards are required of this process and the candidates appointed. The commissioners are required to vet the current staff of the EACC. The EACC is the lead agency in the fight against corruption. It is envisaged to play a critical role in the vetting of public appointments and nominees for electoral positions. It is at the centre of national efforts to re-create our ethical fabric and transform Kenya from an endemically corrupt nation to a bastion of transparency and integrity. It will be ill-equipped for these roles if the integrity of its commissioners and the process of their appointment is in doubt.
SIGNED BY: Transparency International – Kenya Federation of Women Lawyers-Kenya (FIDA-Kenya) Kenyan Section for International Commission of Jurists International Centre for Policy and Conflict Centre for Law and Research International (CLARION) Constitution and Reform Education Consortium (CRECO)
Media contact: Sheila Masinde Telephone: +254 20 2730324/5 or 2727763/5 +254 722 948348 Fax: 254 20 2729530 Email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it
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RECRUITMENT OF COMMISSIONERS TO THE ETHICS AND ANTI-CORRUPTION COMMISSION
Nairobi, Kenya, Saturday, 7th January 2012: TI-Kenya is disappointed with the process of recruitment of Commissioners to the Ethics and Anti-Corruption Commission (EACC). The process is highly flawed and stands no chance whatsoever of giving Kenya a credible Ethics and Anti-Corruption Commission. The process has been marred with controversy and no longer commands the respect and trust of the people of Kenya. The recruitment should therefore be immediately terminated and a new one commenced without further delay.
TI-Kenya considers the vote on the report of the Parliamentary Committee on Justice and Legal Affairs that divided Parliament right through the middle as a vote of no confidence in the process and the candidates so nominated. Important issues were raised in Parliament such as the failure or omission by the executive to give reasons for the rejection of the highest scoring candidates, issues of ethnicity and the lack of demonstrable interest in anti-corruption and governance issues. Any commissioners (or Commission) appointed with such issues hanging over their credibility will suffer a crisis of confidence that will be difficult to overcome.
We also note that the President and the Prime Minister forwarded the names of their choice to Parliament for approval one week outside the legal deadline without invoking the provisions of Section 6 (18) of the
EACC Act that governs the procedure for extension of time. This omission, though a technicality that should not be given pre-eminence over substance, opens the process to legal challenge and may prove a significant hurdle to the legality of the process. The Ethics and Anti-Corruption Commission Act provides that the executive through a gazette notice should seek for not more than 21 days extension in case of delays.
TI-Kenya further notes that it is impossible to have a strong and credible EACC without revisiting the law establishing it with a view to strengthening it. Parliament in enacting the EACC Act in August 2011 was clearly driven by considerations inimical to the fight against corruption and went to great lengths in ensuring a weak legal framework for a Commission with responsibility for a critically important chapter in the Constitution that is also a key pillar in the re-birth of our nation. A commission such as is established under the current law and such as the recruitment process is likely to deal a fatal blow to the aspirations of Kenyans as espoused under Article 10 (National Values and Principles of Governance) and Chapter Six (Leadership and Integrity) of the Constitution.
The recruitment process and the continued vacancy in the EACC, confirms TI-Kenya’s assessment that Parliament erred in enacting the EACC law providing for the removal of the directorate of the KACC without envisioning a smooth transition in the interim. TI-Kenya and other partner organisations had urged the executive not to assent the Bill into law without a clear transition roadmap. This was ignored. As a result, the work of the commission is in limbo and the fight against corruption has been dealt a significant blow.
Successive anti-corruption commission officials have been accused of incompetence, bias and reluctance to tackle corruption head-on; these perceptions have eroded public confidence in this all-important institution. Yet of all appointments to the anti-corruption body none has suffered the crisis of confidence the current process will yield. The war against corruption must be led by individuals who believe in and practice the ideals of the Constitution, have an unimpeachable reform record and are true advocates of integrity. Further, such individuals must be appointed in a credible process that inspires public confidence in the outcome.
TI-Kenya therefore recommends to the executive and Parliament to re-start this process and imbue it with the confidence and integrity it warrants. We recommend a fresh recruitment of the commissioners, starting from re-advertising the positions, the setting up of a new selection panel and allowing transparency and integrity to guide the process that will result in the selection of the most suitable candidates to form the commission. The recruitment of the top judicial officers by the Judicial Service Commission provides reliable precedence in process, integrity and outcome.
Finally it would be important to understand why such high standards are required of this process and the
candidates appointed. The commissioners are required to vet the current staff of the EACC. The EACC is the lead agency in the fight against corruption. It is envisaged to play a critical role in the vetting of public appointments and nominees for electoral positions. It is at the centre of national efforts to re-create our ethical fabric and transform Kenya from an endemically corrupt nation to a bastion of transparency and integrity. It will be ill-equipped for these roles if the integrity of its commissioners and the process of their appointment is in doubt. Samuel Kimeu Executive Director Transparency International-Kenya Media contact: Sheila Masinde Telephone: +254 20 2730324/5 or 2727763/5 +254 722 948348 Fax: 254 20 2729530 Email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it
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Strengthening transparency, accountability and participation mechanisms to improve access to water Nairobi, Kenya, 7th December 2011: Equitable water access in Kenya continues to be compromised by lack of integrity and ineffective regulation of water utilities and informal service providers despite key water sector reforms initiated in 2002. The lower income groups bear the greatest burden under the prevailing circumstances. These are among the key findings highlighted by the National Water Supply Integrity Study (NWIS) launched by Transparency International-Kenya today. The report provides an overview of the Kenyan water supply sector in terms of integrity and performance and is based on literature review, discussions with water sector actors and case studies. It targets water sector specialists and key stakeholders involved in policy-making, regulation, water service development and provision in Kenya. The study was undertaken through the Transparency and Integrity in Service Delivery in Africa (TISDA) project between February 2009 and June 2011. Study Methodology Six case studies in urban and rural areas inform this report. The urban areas were Kangemi (Nairobi), Migosi (Kisumu), and Old Town (Mombasa) while the rural and small town locations were Kamukunji (Eldoret), Mutego and Kanyoni (Nanyuki). The research methodology is based on a risk map concept which involved an analysis of the performance of the system vis-à-vis integrity and examined the relationships between public officials, regulators, service providers and users in the selected areas. KEY FINDINGS Water reforms and regulations: Existing legislation such as the Water Act 2002 initiated an important reform
process that has considerably developed the water sector but more remains to be done. Key outstanding aspects of the Water Act that are yet to be concluded include transfer of assets from the municipalities to the Water Boards. The Water Services Regulatory Board (WASREB) lacks sufficient independence and resources to play its crucial role as an independent monitor. An even bigger challenge exists in the form of many users (on average 56% in urban areas) relying on informal water providers including water kiosks, local boreholes, well owners and water vendors. These crucial services are neither regulated nor controlled further alienating lower income segments in the water supply chain. Inequity: The Constitution of Kenya 2010 and the United Nations General Assembly Declaration of July 2010 state that clean water and sanitation are a human right however 41% of Kenyans lack access to reliable water supply. Unaffordable charges further push the commodity out of reach for the common citizens. Transparency, accountability and participation: On a positive note, more resources are becoming available for the improvement and expansion of water systems. However, there is limited access to information on cost and technological improvements to enhance efficiency in sector investments. In the formal water supply systems, transparency has increased as the Water Act 2002 clarifies the relationship between different actors although, in some cases, more openness on contracts and decision-making is still required. Recent reported cases of corruption in some water sector institutions have highlighted the need for greater focus on good governance which must be strengthened at all levels, if the full benefits of sector reforms are to be achieved. Participation, largely determined by access to information by third parties with the option for redress where there are complaints, is relatively limited. Involvement of the civil society in various processes in the sector is improving but is still quite restricted. RECOMMENDATIONS TI-Kenya recommends the following priority actions to water sector actors and key stakeholders involved in policy making, regulation and water service development and provision. Water Service Providers should adopt an improved pro-poor approach in service provision to overcome the high level of inequity in water services which compromises water access, affordability and quality. There is need for elaborate regulation and improved capacity to cover the informal sector to curb, for instance, unlicensed/illegal water vending and consumer exploitation. · Communication to stakeholders and public consultation as well as access to information particularly for the users should be enhanced. Information on user rights and obligations should be broadly disseminated, for instance, through Water Action Groups which have already been established in some major towns. Benchmarking and greater transparency is needed in the development of new water supply services.
Publishing quality data on the cost of different projects and systems is a feasible first step. Corporate governance in Water Service Providers should be strengthened and their interaction with Water Service Boards and the Water Service Regulatory Board (WASREB) improved. Oversight in the sector needs strengthening while procurement processes, anti-corruption legislation and sanctions should be strictly adhered to. NEXT STEPS TI-Kenya has initiated evidence-based advocacy with other actors in the water sector to improve integrity and sector performance. The initial response of different actors has been very positive as seen through collaboration pacts between water providers and users, following TI-Kenya’s intervention. TI-Kenya has facilitated the signing of two service delivery improvement pacts between Old Town Mombasa residents and the Mombasa Water and Sewerage Company (MOWASCO), and Nanyuki residents and the Nanyuki Water and Sewerage Company (NAWASCO). “We have also facilitated various capacity-building sessions for water institutions and intend to work closely with the Water Sector Reforms Office to implement the above recommendations,” said TI-Kenya Board Chair, Dr Richard Leakey during the launch of the report. Key actors in the sector must consider collaborative governance involving a diversity of private, public and non-government stakeholders acting together towards commonly agreed goals, and aiming to achieve collective rather than individual goals in attaining water access for all Kenyans. “Improving governance in water services is not just about government systems and capacities; it is about a range of non-state agents and their interaction with the government. It is about engaging civil society and establishing a functioning social contract between the government and its citizens to bring about effective basic services. And it is ultimately about the progressive achievement of agreed rights to water,” said Dr Leakey. Media Contact: Sheila Masinde, Tel: +254 20 2730324/5 or 2727763/5 +254 722 948348 or +254 733296389. Fax: 254 20 2729530.Email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it
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Kenya continues to rank at the bottom of the Corruption Perception Index 2011
Nairobi Thursday 1st December 2011: Kenya has been placed at position 154 out of 182; this is according to the Corruption Perception Index (CPI) 2011 launched today in Berlin. Kenya has recorded negligible improvement from a score of 2.1 in 2010 to 2.2 in the 2011 index in a scale of zero to ten (zero indicating a high levels of corruption perception and 10 showing low levels of corruption perception). The CPI 2011 surveyed 182 countries compared to 178 in the 2010. This is an indication that reforms catalyzed by the new constitution have not yielded dividends in the fight against corruption. The ongoing Judicial and intended Police reforms hold the possibility for progress. However comprehensive reforms in the public sector are needed, especially the legal services sector. The lack of progress in tackling graft can still be attributed to lack of political will and the slow pace of reforms in critical sectors, despite implementation of
the Constitution. Kenya is among the 27 lowest-scoring countries in the company of countries widely perceived as endemically corrupt or failed.
Botswana (placed at position 32) still remains the least corrupt country in Africa with a score of 6.1, followed by Rwanda (49) with a score of 5.0. Burundi, Equatorial Guinea, Sudan and Somali have been rankled at the bottom of the index at positions 172, 177 and 182 respectively. Only two out of the 45 African Countries ranked in the index scored above five, an indication of serious corruption problem in the continent. “Most African countries have continued to perform poorly in the index due to weak institutions and a corrupt political culture. African leaders should embrace transparency and accountability and show some resolve in fighting corruption. At the moment, in Kenya as in many countries in africa, the political leadership remains the greatest obstacle to effective anti-corruption initiatives.” said Samuel Kimeu, the Executive Director of Transparency International – Kenya during the release of the CPI results in Nairobi.
Key CPI Findings New Zealand (9.5), Denmark (9.4) , Finland (9.4), Sweden (9.3) and Singapore (9.2) are placed position one to five respectively. Afghanistan, Myanmar and North Korea are placed at the bottom of the index at position 180 and 182. Norway, Taiwan, Rwanda, Georgia and Chad showed improvement from the 2010 index ( i.e there is a change of at least 0.3 points in the CPI score and the direction of this change is confirmed by half or more of the data sources evaluating the country in both the 2010 and 2011 index), while Oman and Haiti declined. Only 49 out of 182 countries ranked score above five glo “This year we have seen corruption on protestors’ banners be they rich or poor. Whether in a Europe hit by debt crisis or an Arab world starting a new political era, leaders must heed the demands for better government,” said Huguette Labelle, Chair of Transparency International. “2011 saw the movement for greater transparency take on irresistible momentum, as citizens around the world demand accountability from their governments. High-scoring countries show that over time efforts to improve transparency can, if sustained, be successful and benefit their people,” said Transparency International Managing Director, Cobus de Swardt. Most Arab Spring countries rank in the lower half of the index, scoring below 4. Before the Arab Spring, a Transparency International report on the region warned that nepotism, bribery and patronage were so deeply engrained in daily life that even existing anti-corruption laws had little impact. Euro zone countries suffering debt crises, partly because of public authorities’ failure to tackle the bribery and tax evasion that are key drivers of debt crisis, are among the lowest-scoring EU countries. Corruption trends in Kenya Kenya continues to perform poorly despite the new Constitution. Lack of political will and leadership is largely responsible for failure to effectively tackle corruption, despite the rhetoric and political bickering over corruption. There have not been sufficient answers provided for scandals that have continued to emerge. It is unfortunate that Nairobi City Council officials who have been charged over the Kshs 283 million cemetery scandals, free primary education and a few individuals mentioned in the Ministry of water scandals, court cases have not been concluded. Politics took centre stage in the Kazi kwa Vijana initiative and it is not certain if the investigations are underway. TI-Kenya would like to call for speedy investigation
into the matter and money lost recovered. Corruption remains the greatest threat to stability and prosperity of a nation. Unless the Kenyan leadership addresses corruption decisively all other development initiatives may come to naught. “The frequency with which resources for projects aimed at lifting the majority of Kenyans from poverty are being misused or stolen casts doubt on the ability of the state to protect the public interest and achieve its economic development plans” said Samuel Kimeu, the Executive Director of Transparency International – Kenya The Corruption Perceptions Index (CPI) is a complex index; it draws data from 17 sources provided by 13 reputable institutions. The survey measure the overall extent of corruption (frequency and/or size of bribes) in the public and political sectors, and all sources provide a ranking of countries, i.e. include an assessment of multiple countries. Sources survey for CPI 2011 was conducted between December 2009 and September 2011
Media contact: Ivy Ndiewo Tel: +254 20 2730324/5 or 2727763/5 +254 722 296389 or +254 733296389 Fax: 254 20 2729530 Email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it
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Kenyans should not bear the cost of corruption
Transparency International-Kenya has been following closely the discourse on the misappropriation of funds in the free primary education project and other donor funded projects in Kenya. TI-Kenya is saddened that resources that had been committed to benefit vulnerable Kenyans have to be refunded to donors on account of corruption and misapplication of funds. Even more disturbing is that these refunds are being made from public coffers while little effort has been made to bring those responsible to account.
TI-Kenya strongly condemns the government for its apparent unwillingness to thoroughly investigate, in a timely manner, corruption scandals that continue to dog the public arena and its lack of single-mindedness in the pursuit of stolen public resources and prosecutions. We are dismayed that despite a lot of rhetoric and political bickering over corruption, there have not been sufficient answers provided for scandals that have continued to emerge. The frequency with which resources for projects aimed at lifting the majority of Kenyans from poverty are being misused or stolen casts doubt on the ability of the state to protect the public interest and achieve its economic development plans.
A few examples will suffice:-
1. The World Bank Group Integrity Vice Presidency released a forensic audit of the Arid Lands Resource Management Project –Phase II in July this year. The findings were quite damning especially at a time when drought was ravaging the same areas the project was supposed to serve. Though done on a sample basis, the report indicated that in some aspects of the project over 80% of the expenditure was either ineligible or suspected of fraud. It was incumbent upon the government to hold those responsible to account. To date no one has been held to account to the best of our knowledge.
2. With regard to corruption in the education sector, it is clear there were far many actors than are now currently in court. Apart from prosecutions, there has been no effort to the best of our knowledge to recover the stolen money. Even more critical is a review of the integrity systems with a view to plugging gaps that facilitate loss of funds within the sector to prevent future similar loss of resources.
3. Politics should not be allowed to obscure the truth in the current corruption and misappropriation concerns on the Kazi kwa Vijana initiative. Investigations should be done impartially and all those found to have been involved in any crime prosecuted and what they have stolen recovered.
It is our considered view that corruption remains the greatest threat to our stability and prosperity as a nation. Unless our leadership addresses this matter decisively all other noble efforts to fight poverty, promote national cohesion and stability may come to naught.
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Companies From Emerging Giants China And Russia Most Likely To Bribe Abroad
Bribing public officials when doing business abroad is a regular occurrence, according to a survey of 3,000 business executives from developed and developing countries.
Transparency International’s 2011 Bribe Payers Index, released today, ranks 28 leading international and regional exporting countries by the likelihood of their firms to bribe abroad. Companies from Russia and China, who invested US $120 billion overseas in 2010, are seen as most likely to pay bribes abroad. Companies from the Netherlands and Switzerland are seen as least likely to bribe (see Results). Read more...
Good governance in climate finance critical in mitigating the impact of climate change in Kenya
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Nairobi, Kenya, Monday 31st, October 2011: Transparency International-Kenya has today launched the Global Corruption Report: Climate Change which highlights the major corruption and governance risks that societies face when implementing a comprehensive collective policy response to global warming. "This report sets out practical guidelines to prevent corruption undermining climate change measures. Its
recommendations come at a critical time as Kenya explores various strategies of adapting to the adverse effects of climate change,” said the Vice Chair of the TI-Kenya Board, Rachel Mbai.
Under global climate agreements, substantial new funding from governments and multilateral agencies will be made available to finance the mitigation of climate change, such as renewable energy projects like wind farms or solar power plants, and adaptation to it, such as the construction of irrigation systems and disaster-ready housing. Unfortunately, information on the amount of funding received or disbursed for climate change interventions and how this money has been spent is not in the public domain in Kenya and many countries of the world; making public participation and accountability in dealing with this adverse life-changing process virtually impossible.
“We must organise ourselves as the public and non-state actors to oversee the flow of funds dedicated to climate change mitigation and adaptation efforts,” said the TI-Kenya Executive Director Samuel Kimeu. “The government must therefore facilitate greater public participation, access to information and accountability to make climate governance more effective.”
The report combines analysis from more than 50 leading climate change experts from 20 countries tackling a wide range of issues including: the politics of climate change and accountability of funding institutions; the role of the private sector; the integrity of carbon markets and forestry governance among other issues.
US$28 billion of climate financing is expected to flow annually to countries with large tropical forests to reduce emissions from deforestation and degradation. Illegal logging, worth more than US$10 billion a year, is already fuelled by corruption of customs and land management authorities. The report highlights that some governments have already claimed credits for fictitious forest plantation projects.
Case studies from Austria, Bangladesh, Bolivia, Columbia, Kenya, Philippines, Spain, and the United States illustrate the global dimension of climate change challenges facing the world.
Forward Action Kenya like many other countries earmarked to receive significant climate finance has serious challenges in addressing corruption and diversion of public resources. TI-Kenya has therefore launched a Climate Governance programme whose objective is to enhance stakeholders’ capacities to better engage, cooperate, advocate and contribute to transparent climate finance governance, policy development, implementation and oversight. "We are paying dearly for failure of the past generations to be good stewards of the environment. Tomorrow’s generations may carry an even greater burden for our failure to mitigate climate change and apply our resources to properly govern our environment. This is our window to guard against the fraudulent use of resources targeting climate change measures. Let us all unite in keeping our country clean and green,” said Mr Kimeu.
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Note to editors: Transparency International’s previous Global Corruption Reports tackled corruption in the private sector, the water sector and the judiciary. Next year’s thematic focus is education.
_____________________________________________________________________________________________________________________ Media Contact: Sheila Masinde, Tel: +254 20 2730324/5 or 2727763/5 +254 722 948348 or +254 733296389. Fax: 254 20 2729530. Email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it
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THE EAST AFRICAN BRIBERY INDEX (EABI) 2011 LAUNCH ‘Kenya records improvement’ __________________________________________________________________ Nairobi, Kenya: Friday 21st, October 2011 – Kenya has recorded an improved ranking in the East African Bribery Index falling from the third to the fourth position. Corruption prevalence improved marginally from 31.9% in 2010 to 28.8% in 2011. In 2009, Kenya was ranked first, ahead of Uganda and Tanzania, with a prevalence rate of 45%. Burundi was maintained the first position with a corruption prevalence level of 37.9% up from 36.7% in 2010, while Uganda and Tanzania have been ranked second and third at 33.9% and 31.6% respectively, both up from 33% and 28.6% correspondingly in 2010. Rwanda is once again ranked fifth with a bribery prevalence of 5.1% down from 6.6% last year. At the institutional level, the police, revenue authorities and the judiciary across the different countries were poorly rated. All the police institutions in Kenya, Uganda, Tanzania and Burundi appeared in the list of the ten most bribery prone institutions in East Africa. Uganda Police lead the pack of the most bribery prone institutions in the region, followed by the Burundi Police, Customs/Revenue Authority – Burundi, Kenya Police and Uganda Revenue Authority in that order. Kenya has relatively improved in the regional aggregate index. The Kenya Police is the only Kenyan institution ranked among the top ten in the aggregate index compared to four institutions in the top ten list in 2010. For the second year running, the survey did not record enough bribery reports to formulate an index for Rwanda. The bribery reports recorded for most of the institutions were statistically insignificant to form a reliable basis for ranking. Methodology The East African Bribery Index is a governance tool developed to measure bribery levels in the private and public sectors in the region. The survey was conducted among 12,924 respondents selected through random household sampling across all the administrative regions in the five countries between February and May 2011; 2,943 people were sampled in Kenya. The respondents were asked to mention institutions they had interacted with over the previous twelve months and whether they were required or expected to pay bribes as a condition to access services, and if the service sought was delivered upon payment or refusal to pay the bribe. KEY FINDINGS Institutional rankings: Kenya The Kenyan police have retained the top position in the Kenyan aggregate index with a score of 81% from 77.7% in 2010; the Nairobi City Council and Ministry of Defence are second and third respectively. The Ministry of Lands has moved from position five in 2010 to position four this year while the Registrar of Persons has also moved one step up to position five. The Immigration Department has also moved from the ninth to sixth place. The Mombasa City Council, Judiciary, Ministry of Medical Services and the Provincial Administration complete the top ten list in that order. It is noteworthy that the Judiciary has moved from the fourth to eighth position. Notable exits from the index are the Kenya Ports Authority, Ministry of Forestry and Wildlife, Ministry of Youth Affairs and Sports, Ministry of Labour and Ministry of Agriculture. Those that have been ranked in the 2011 index but were not listed last year are the Mombasa City Council (7th), Ministry of Public Works (20th), Interim Independent Electoral Commission (IIEC - 23rd), private schools (33rd) and banks (34th). Bribery incidence across genders The survey also analysed bribery payments in the water, education and health sectors according to gender. In Kenya, there were higher instances of women experiencing bribe demands or expectations in the health sector and similarly paying a bribe than the men. In the water and education sectors, more bribes were demanded from and paid by the men than women. Reporting of corruption cases Reporting of corruption cases was low in all the five countries. Burundi recorded the lowest number of people forwarding corruption complaints with only 3.2% reporting corruption incidents. Only 7.1 % of the respondents in Kenya reported incidents of corruption compared to 10.8% last year; 9.9% and 6.9% forwarded corruption complaints in Uganda and Tanzania respectively. Corruption perception Rwanda retained the most positive outlook in this regard. Only 2.4% of the Rwandan respondents described the country as extremely corrupt compared to 36.8% in Tanzania, 44% in Kenya, 51.3% in Uganda and 53.1% in Burundi. In terms of the public’s perception on the government’s commitment to tackle graft, Rwanda topped once again with 93% of the respondents saying that their government is sufficiently committed to the cause. This perceptual judgment was most adverse in Uganda where 61% of the respondents believe their government lacks the commitment to confront corruption. 45.4% and 47.3% held the same view in Kenya and Burundi respectively. Next steps “The bribery index is a snapshot of corruption in a region or country and is not institution-specific. Therefore, in order to understand the extent and scope of corruption in an institution, TI-Kenya usually conducts an institutional integrity study to identify systematic weaknesses that may predispose the institution to corrupt practices,” said the TI-Kenya Executive Director Samuel Kimeu during the launch of
the report. “The TI national chapters and contacts (partners) in the five countries thus welcome partnerships with public institutions aimed at comprehensively identifying and strengthening internal systems and procedures to curb corruption.” /// ENDS /// Media contact: Sheila Masinde, Tel: +254 20 2730324/5 or 2727763/5, +254 722 296389 or +254 733296389, Fax: 254 20 2729530, Email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it
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PRESS STATEMENT: AN INFORMED CITIZEN, A TRANSPARENT GOVERNMENT, A PROSPEROUS KENYA
Wednesday, 28 September 2011.
Freedom of Information Day
Today we mark the freedom of information day, a day set aside to raise awareness about the right to freedom of information, held by the Government.
The Constitution of Kenya
The right to access to information has been recognized in Kenya’s Constitution under Article 35. The President of Kenya, Mwai Kibaki and Prime Minister, Raila Odinga have on several occasions reiterated their support for freedom of information.
In spite of this, Kenya does not have an access to information law. Although such a law will play a critical role in fighting corruption and promoting transparency, accountability and public participation, it has not received the priority it requires.
A freedom of information law will play the distinct role of providing procedure to acquire information such as those on devolved funds, budget information and address complaints, and exemptions within the law.
Development of Laws
It is worth noting that some of the laws being developed contain provisions that are intended to curtail freedom of information, these include the National Police Service Act and Independent Electoral and Boundary Commission Act. This is unfortunate and promotes retrogression instead of development.
Many of the legal provisions that curtail freedom of information are based on misconceptions. One such misconception is that the right to information is a risk to state security, yet this can be addressed through exemptions instead of limiting access to information through blanket provisions. If left unresolved, these laws risk being declared unconstitutional and the civil society will not hesitate to bring the matters for interpretation to the High Court.
Vetting and Public Appointments’ Processes
We support efforts to instill transparency in the appointment of public officials. This is a good precedent that Kenya has set. This will continue to encourage public participation in the process and also build confidence in the integrity of the process and of the candidates. It is commendable that the pieces of legislation so far developed have considered public participation in the appointment process.
With regard to vetting, we acknowledge that efforts have been made towards development of vetting guidelines, and specifically by the Ministry of Public Service. However this process is long overdue and requires opening up to public participation. The Kenyan public awaits the vetting of members of the Judiciary and members of the national security organs. We emphasize and demand that the process of public participation must continue in the vetting exercises. The attempted vetting of police officers earlier in the year was against the ideals that have been set in the Constitution therefore rendering the process unconstitutional. All vetting should be done in accordance with the ideals of the Constitution.
Information Systems in Public Institutions
A year after the Constitution was promulgated many public institutions still lack the education and training necessary to effectively undertake constitutional implementation. A policy on how public institutions can handle requests for information and store their documents in an accessible manner is yet to be made available to the public. The Ministry of Information is yet to develop guidelines to guide the process.
There is need for government institutions to stock take and evaluate their compliance with constitutional provisions or risk being transgressors of the constitution.
Anti-Corruption Efforts
The Government must wake up to the new reality borne by the Constitution that gives a great sense of being to transparency and accountability. Being a constitutional right, access to information takes precedence over legislation such as the Official Secrets Act which has been used repeatedly in the past to hold back vital public information thus fuelling a facilitative environment for corruption and impunity to thrive. Kenyans are still oblivious of the outcomes of various corruption investigations and commissions of inquiry for example the Commission of Inquiry on the irregular sale of the Grand Regency Hotel (Cockar Commission) and the Commission of Inquiry on the activities of the Artur brothers (Kiruki Commission) among others.
This would not be the case if freedom of information was the rule. Several graft scandals in the public sector could have been averted if interested parties and the public had open access to information on various processes such as budgeting, allocation and expenditure of funds, procurement of goods and services, vetting and appointment of public officers among others. Access to such information will enable citizens to receive information in the possession of any public body funded by tax-payers’ money. It is also the key that will open the door to critical information required to hold public officials accountable.
Efforts to secure the independence of the Ethics and Anti-corruption Commission must be guarded jealously to ensure that the commission is not hindered from doing its investigations independently by being denied material information.
Access to information and education
Lack of access to information has become one of the major problems that has led to corruption and embezzlement of funds at the Ministry of Education. Endemic corruption has led to embezzlement of funds and has impeded access to education as required by Article 43 (f) and Article 53 (b) of the Constitution. Besides the government instituting radical reforms at the Ministry of Education, there is need to make those found to be culpable in the acts of corruption surcharged and or prosecuted. This will act as a deterrence measure. All taxpayers in this country have the right to demand for full disclosure of how funds are spent in the education sector.
Women’s rights
The Kenyan Government and media should facilitate women’s access to information and ensure all data and other information is disaggregated by gender. This will enhance the monitoring of implementation commitments on gender equality, and delivery of services and resources targeting women.
Citizens of Kenya
We urge Kenyan citizens to be vigilant towards the ongoing processes of public appointments, development of laws and budget making as stakeholders in the constitutional implementation process.
Citizens of Kenya should not shy away from demanding information from the government on various development projects and matters of public interest.
The Freedom of Information Network has launched “the yellow movement” and we will wear a yellow ribbon to demonstrate support for the freedom of information campaign in Kenya. We ask all citizens to wear it in solidarity.
Freedom of Information Network
Supported by:
ICJ-Kenya
Transparency International Kenya
Elimu Yetu Coalition
Kenya Human Rights Commission
Centre for Governance and Development
The Institute of Social Accountability
FEMNET
Bunge la Mwananchi
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PRESS STATEMENT ON THE AMENDMENTS BY THE KENYA NATIONAL ASSEMBLY TO THE ETHICS AND ANTI CORRUPTION BILL 2011 Nairobi, Friday, 26th August, 2011. Last night, the fight against corruption was on trial before the Kenya National Assembly, a trial in which it was not accorded a fair hearing bearing in mind that some of the members participating in the debate have pending and ongoing investigations before the anti corruption agency. The debate on the Bill was dominated by the desire of Members of Parliament to get rid of the current Director of KACC from office. In the end, Parliament legislated against the Directorate of the KACC and not corruption. The verdict from the House was fast and furious. There was unity of purpose rarely seen in the House in passing some amendments which in our view will greatly undermine the fight against corruption. We as, stakeholders in the anti corruption and good governance sector of the society wish reiterate our commitment to the quest for a corrupt free Kenya and call for the development of a strong anti corruption agency to take this fight to the next level. Of immediate concern to us are the following amendments made by the House; a) The amendment proposing sacking the Director and Deputy Directors of the KACC does not take into account the public interest in a smooth transition in the interim before a Secretary and Asistant Secretaries are appointed to take over those positions. Transiting staff of the KACC to the EACC without the necessary technical heads will hinder the administrative execution of the Commission’s mandate. We beg to ask, who will forward cases to the DPP for prosecution when there is no director? Who will sign cheques for administrative expenses of the Commission when the directors are sacked? Who will exercise supervision of staff of the Commission in the absence of the directors? The Bill should be amended to provide that the Director and the Deputy Directors to serve in their positions until new officers are appointed. This will ensure that the anti corruption agency continues to function as arrangements are made for the appointment of the new officers. b) The National Assembly amended the Bill to remove provisions regulating operating of bank accounts by public officers outside Kenya. The constitution in article 76 (2) prohibits public officers from holding bank accounts outside Kenya and directs Parliament to enact legislation to regulate this. It is our view that the legislation envisaged under this provision is the Ethics and Anti Corruption Bill and it has to accommodate diplomatic staff representing our country in foreign capitals by facilitating their operating bank accounts outside Kenya and criminalizing the act of any other public officer operating bank accounts outside the country in contravention of the law.
c) The members also rejected proposal on asset recovery and forfeiture. We are all aware of the plunder of our national resources by corrupt elements in our country. Those resources must be returned to the people of Kenya. It is the task of the anti corruption agency to go after and recover the resources. The National Assembly ought to have given the EACC the legal framework within which it shall recover our looted resources. We are appealing to His Excellency the President to save our country by referring this Bill back to Parliament for further consideration of the glaring governance issues emerging in the Bill. We must not relent in our fight for a corruption free Kenya and we have a duty to set a sound legal operating environment for a successful fight against corruption. FIDA Kenya Transparency International- Kenya Chapter International Commission of Jurists- Kenya Chapter AFRICOG National Council of NGOS CRECO The Institute of Social Accountability Consumer federation of Kenya
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Statement on Judge Kaul’s dissenting opinion on post-election trials Nairobi, Thursday March 17th, 2011 – The view that the post-election violence cases committed in Kenya do not fall under the jurisdiction of the International Criminal Court by Judge Hans-Peter Kaul’s has stirred excitement in certain circles. The judge’s position has been interpreted as a rejection of the trial of the six post-poll violence suspects at the Hague. At the very least the judge has not asserted that the six have no case to answer. The judge averred that there were indeed crimes committed under the jurisdiction of Kenya but they did not meet the traditional standards to warrant trial at the ICC. In his estimation, they are crimes that ought to be investigated and prosecuted locally. Judge Kaul’s position is informed by the fact that for the crimes to have been committed, they should have been perpetrated as part of an organisational policy. The judge states that there was no such organisation during the post-election violence. The second limb of his dissent is that the crimes must have been committed in pursuance of a state policy. Judge Kaul’s position constituted the minority view in the ruling by the Pre-Trial Chamber of the ICC; hence his ruling is only relevant in academic discourses on the question of jurisdiction of the ICC and the question of admissibility of cases before the court. Kenyans must remember his emphasis that crimes were committed during the post-election violence period and those crimes should be tried. This underscores the need for a
local mechanism to process those perpetrators that will not be tried at the ICC. Although Justice Kaul insists that Kenya’s criminal justice system can investigate and prosecute the cases, TI-Kenya holds the view that any judicial mechanism used to deliver justice must be one that is credible and meets constitutional and international standards. The failure by the Kenyan Government to institute a local mechanism to try the post-election violence cases provided an opportunity for the ICC to take over the cases in the first instance. Kenya squarely met the ‘unable and unwilling’ requirements of the Rome Statute as three years since the post-election crisis no credible justice system has been established. Indeed Kenyans are not aware of any investigations carried out by our institutions on the violence thus far. The current justice system is yet to undergo reforms critical in addressing integrity and efficiency challenges that have long affected access to and delivery of justice in the country. Therefore it is imperative that concrete plans to address such challenges are put in place before any cases touching on the post-election violence are referred for local resolution. TI-Kenya reaffirms its support for the trial of individuals who bear the greatest responsibility for the violence at the Hague and calls for speedy judicial reforms that will precede a local mechanism to try those not mentioned by the ICC Chief Prosecutor Luis Moreno Ocampo. Samuel Kimeu Executive Director Transparency International-Kenya Classification: Press releases Date: Thu, Mar 17, 2011 ========================================
APNAC-KENYA IN-COUNTRY TRAINING WORKSHOP ON ANTI-CORRUPTION AND IMPLEMENTATION OF THE CONSTITUTION PRESS STATEMENT Naivasha, Tuesday, March 8th 2011: The African Parliamentarians’ Network Against Corruption (APNAC) Kenyan chapter held a one and a half day workshop on the progress of anti-corruption efforts and constitution implementation between the 7th and 8th March 2011 in Naivasha. The aim of the workshop was to enhance parliamentarians understanding of provisions of the constitution as well as the roadmap to its implementation. The participating MPs developed strategies of increasing the pace of the implementation of the Constitution as well as re-energising the fight against corruption in Kenya.
Emerging Issues: The Constitution Implementation Process Key challenges
• Parliament is behind schedule in passing legislation envisaged under the 5th schedule. Actors need to realise that the 5th schedule provides key areas requiring new laws, therefore additional legislation need to be developed beyond those mentioned in the schedule.
• The establishment of key institutions such as the Independent Electoral and Boundaries Commission, the Ethics and Anti-Corruption Commission as well as structures for devolved government has also been delayed.
• Politicians are focusing on interpretation of the constitutional provisions based on party positions as opposed to working towards building consensus. This has led to the deadlock currently been experienced in the implementation.
• Additional unresolved issues such as the International Criminal Court process, delimitation of constituency boundaries and lack of harmony among state organs’ mandates under the new Constitution are obstacles in the implementation process.
Recommendations
• All Members of Parliament should have a clear understanding of the provisions of the Constitution. They should understand their new role in the new dispensation. They should go ahead and educate their various constituents on their new roles.
• Harmonisation of roles of state organs mandated to oversee the implementation of the Constitution especially in the setting up of key institutions on election management and county governments as well as strengthening county governments
• APNAC Kenya will petition the Parliament Liaison Committee to convene a meeting of all departmental committee chairpersons to deliberate on the progress of legislative enactment and develop a plan of action to ensure timely enactment of legislation envisaged under the fifth schedule.
• APNAC Kenya will monitor departmental committees of the House to follow up with the line ministries to fast track the tabling of those Bills in Parliament.
• The Kenya Anti-Corruption Commission and the National Anti-Corruption Campaign Steering Commission needs to work more closely with APNAC Kenya to enhance the discourse on corruption prevention before the House as well as identify more innovative strategies of bringing to justice perpetrators of grand and petty corruption.
• There is a need to come up with a public campaign against voter bribery and explain the role of a Member of Parliament.
• The enactment of mutual legal assistance legislation to facilitate asset recovery should be expedited. Statement By
1. Hon. Ndung'u Njoki –
2. Hon. Kioni Jeremiah Ngayu
3. Hon. Prof.Olweny Patrick Ayiecho
4. Hon. Muturi Justin
5. Hon. (Prof.) Margaret Kamar
6. Hon. Linturi Mithika
7. Hon. Musikari Kombo
8. Hon. Jimmy Angwenyi
9. Hon. Lekuton Joseph
10. Hon. Ababu Namwamba,
11. Hon. Lucas Chepkitony,
12. Hon. Shakeel Shabir,
13. Hon. Martin Otieno Ogindo
14. Hon. Alex Mwiru Classification: Press releases Date: Mon, Mar 14, 2011 Source: TI-KENYA BE BOLD, MR. SPEAKER! We, members of the National Civil Society Congress (NCSC), working under the Jukwaa La Katiba Platform, having observed the happenings on the political scene in the last one week; aware of the sense of frustration spreading across the country because of the apparent designs to frustrate the implementation of the Constitution; reiterating our New Year message that 2011 is the Year of Entrenching Integrity in Leadership, communicate as follows: Classification: Press releases Date: Sun, Feb 13, 2011 Source: NATIONAL CIVIL SOCIETY CONGRESS (NCSC) Key papers in Ruto fraud case ‘are missing vital information Two documents that were relied on in investigations into the alleged fraudulent sale of land by a suspended Cabinet minister had vital information missing, a court was told. t the same time, another witness told the Sh96 million fraud trial that those facing charges were holding the titles to the land on behalf of the Kenya Times Media Trust. (Read: Ruto out of Cabinet to face fraud charges) And because of the missing information, Mr Isaah Ouma on Wednesday said he told the investigating officer that the documents might not have originated from the Lands ministry’s Survey department. The missing information includes land reference numbers. Mr Ouma, a surveyor, told the court that both the deed and survey plans he was shown by the investigating officer in relation to the fraud case against Eldoret MP William Ruto also had conflicting information. Classification: Press releases Date: Thu, Feb 10, 2011 Source: Daily Nation Public officials should stop using state resources for personal interests Nairobi, Saturday February 5th, 2011 – Transparency International-Kenya would like to strongly condemn
the use of public funds by public officials in ways that are neither in public interest nor aligned to the common good. In the last one month, notwithstanding the outcry by the public expressed through appeals by various non state actors, the Vice President led a high-level lobbying mission to key African nations to win support for Kenya’s bid to defer the International Criminal Court trials. The Foreign Affairs assistant minister has disclosed that his ministry has spent over Kshs 3.6 million on the said missions to date. A large proportion of the money was reportedly used to cater for the allowances paid to officials engaged in the shuttle diplomacy. However, the expenses spent by the Vice President and his entourage on the same mission are yet to be disclosed, it is hence anticipated that Kenyans will dig deeper into their pockets to service costs incurred to further the interests of a handful of public officials. On Wednesday 2nd February 2011, the Prime Minister and Vice President used print advertisements in all the mainstream newspapers to extend their war of words over the recent contentious nominations for four key constitutional offices. The Vice President published his statement on an entire page while the Prime Minister used two pages; a full-page advert costs no less than Kshs 400,000. Both statements had the coat of arms, raising concerns that taxpayers’ funds were being applied to the advertising costs. On December 16th 2010, the Head of Civil Service placed a one-page advertisement in the daily newspapers with the coat of arms to deny any involvement in the post-election violence after being named a key suspect by the ICC Chief prosecutor. He later denied that public funds had been used to pay for the advertisement but gave no explanation for the use of the coat of arms in what was essentially a personal statement. It is noteworthy that the statement continues to be hosted on a Government website, maintained by tax payers’ money. These actions seemingly constitute misapplication of public resources and may well constitute abuse of positions of public trust to further courses that are of a personal or partisan nature. They do not answer to the constitutional requirements that public resources be used prudently and responsibly. TI-Kenya calls for responsible use of public resources. In particular, public officials should cease using public resources, monetary or non-monetary including state symbols, office space, vehicles and personnel among others, to advance personal interests. The line between the public interest for which public resources can be applied, and private interests that should be funded privately should be clear for all. Finally, citizens should closely monitor public expenditure and demand the reimbursement of any public resources used to advance personal interests. Samuel Kimeu Executive Director Classification: Press releases Date: Mon, Feb 07, 2011 Source: Your feedback If you have any comments on this service or you would like to contribute by sending us a news article on corruption, please contact our This e-mail address is being protected from spambots. You need JavaScript enabled to view it
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