We’ll be writing about corruption in Africa from the AGOA Forum in Nairobi this week. The theme of this year’s Forum is “Realizing the Full Potential of AGOA through Expansion of Trade and Investment.” One panel will specifically address the impact of corruption on the African investment landscape and practical anti-corruption tools and initiatives for both the governments of AGOA states and multinationals active here. Mr. Fred Adiyia of TRACE’s partner firm for Nairobi, Igbanugo Partners International Law Firm PLLC, starts the week with his description of the challenges facing Kenya’s Anti-Corruption Commission.
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“The Kenya Anti-Corruption Commission (KACC) was established in May 2, 2003 as a public body under the Anti-Corruption and Economic Crimes Act, 2003. The Commission has a statutory mandate to fight corruption in Kenya. It has the capacity to sue and be sued and to acquire and dispose of property. Its primary mission is to combat corruption and economic crimes through law enforcement, prevention and public education.
The KACC is also empowered to investigate corrupt conduct and activities, and it does that by soliciting and receiving oral and written complaints from members of the public and other institutions. The Anti-Corruption and Economic Crimes Act is so far reaching that a Kenyan national who commits a corruption related offense even in a foreign country, if the crime mirrors a similar crime in Kenya, may be prosecuted before a Kenyan court.
One of the best tools for reporting corruption used by the KACC is the establishment of a whistleblowers’ website which allows employees of government departments to anonymously report incidents of corruption in their department. The site, developed by a German firm, enables whistleblowers to open accounts online and make anti-corruption complaints, and if necessary submit documents anonymously. Unfortunately the whistleblower website tool is running into obstacles from the Government of Kenya itself. According to a Kenyan newspaper (Daily Nation) report some government departments are trying to monitor and restrict access to the KACC whistleblower website. According to the newspaper report, senior officials of those departments have instructed IT personnel to monitor civil servants visits to “forbidden” web pages, including those run by the KACC.
The behavior of these Kenyan government officials is contrary to the government’s own external actions. The Kenyan Government is a signatory to and has ratified the United Nations Convention against Corruption. That obligates the government to make the actions of its own officials against the KACC websites illegal and to send a strong message to the Kenyan people, the business and investment community that it is committed to stamping out corruption.”
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Strong and visible support for the KACC and its leadership would send a clear message that the Kenyan government intends to make meaningful efforts to reduce corruption and enhance commercial transparency.
