How BBI targets corrupt Kenyans

Some politicians claim the war on corruption is designed to go after them.

In Summary

•In the recommendations, BBI notes that Chapter Six on Leadership and Integrity should be changed to intensify the fight against corruption by strengthening the relevant institutions.

•This includes providing a mechanism for the expeditious conducting of investigations, prosecution and trial of corruption-related matters.

Corruption is dangerous
INFORMED PUBLIC: Corruption is dangerous
Image: File

Financial abuse, corruption and fraud have long plagued Kenya, hampering development.

With many politicians and ordinary Kenyans engaging in those vices, taming the vice has been a headache for President Uhuru Kenyatta, who took office in 2013.

Some politicians, however, insist that the war on corruption is mere theatrics designed to keep them in check.

The question, however, remains whether the release of the BBI report will stop corrupt individuals in their tracks.

In the recommendations, BBI notes that Chapter Six on Leadership and Integrity should be changed to intensify the fight against corruption by strengthening the relevant institutions.

This includes providing a mechanism for the expeditious conducting of investigations, prosecution and trial of corruption-related matters.

The report seeks to amend the Anti-Corruption and Economic Crimes Act, No. 3 of 2003 and touches on matters such as: enhanced penalty for economic crimes and corruption offences.

It also deals with the procedure for hearing and sentencing for economic crimes and corruption matters; and the offence of concealment of corruption.

It provides for the duty to report any knowledge or suspicion of instances or acts of corruption or economic crimes.

According to the report, Kenyans recommended several measures to tackle graft cartels, including:

a) Speedy prosecution and conclusion of cases involving corruption and criminal wastage of public resources.

b) Stiffer sentences and punitive fines for all found culpable of corruption.  

c) Protection of whistleblowers.

d) Aggressive recovery of stolen public resources, restricting public officers from conducting any business with the government.

f) Digitisation of all government services, which will not only help curb corruption but also bridge the gap in accessibility of services to historically marginalised and sparsely populated counties of the country.

g) Regulatory oversight of escrow and nominee accounts held or managed by professionals on behalf of their clients.

h) Full implementation of the Bribery Act in addition to adoption of measures to prevent and curb corruption in the private sector.

i) Accountability mechanisms to be put in place to monitor, on a regular basis, those given the duty and privilege of accounting for public resources.

j) Laws that compel the disclosure of the beneficial owners of corporate entities where such entities are under investigation for corruption and other crimes.

Corruption is hardly new in Kenya. Every government since Independence has had its share of scandals that have steadily increased with subsequent regimes.

Nearly all mega-corruption scandals remain unsolved, and over 95 corruption cases are currently pending in court.

The president has accused the Judiciary of weakening the war on graft by releasing suspects on favourable bail terms or issuing lenient sentences.

Uhuru is tightening the anti-corruption laws in radical changes that would make it mandatory for all state officers, including the Deputy President, to step aside if charged.

The President is also piling pressure on the Judiciary with a proposed requirement that all graft cases are concluded within two years.

In a Bill tabled in the National Assembly on Tuesday, appointed state officers who are under graft investigations could be forced to step aside for 90 days even before they are charged.

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