KENYA Country Profile

Private Anti-Corruption Initiatives

  • Media: Although the Kenyan Constitution does not explicitly guarantee press freedom, the country enjoys one of the freest press environments in the region. However, there are several examples of this right being hampered in practice. The constitution grants limited rights to access and communicate information, but fails to provide clear guarantees on access, according to the Transparency International Global Corruption Report 2008. There is no active freedom of information legislation, although a bill is pending in Parliament. The Information and Communication Technology (ICT) Bill provides for heavy fines and prison sentences for press offences. It gives the government authority to raid media offices, tap phones and control broadcast content for purposes of national security, according to the Bertelsmann Foundation 2010. In March 2006, a period when the government faced severe corruption allegations, the offices belonging to the Standard Group, the country's second largest media conglomerate, were raided by the police force. The Standard Group's printing press was shut down, newspapers were burned, employees terrorised and three reporters were jailed. The Internal Security Minister admitted that the press raids were planned by government officials who presumably wanted to send a signal to the Kenyan media that recent reporting on government corruption would not be tolerated. Nevertheless, in August 2007 the President rejected a bill that forced media practitioners to divulge their sources in court. Recent events have demonstrated a drive by the administration towards greater freedom of information through new constitutional provisions. However, as these developments progress public oversight of government performance remains impeded by opaqueness in transactions and bureaucratic barriers to accessing them. Although defamation remains illegal in Kenya, the Attorney General has stated that the law is outdated and will no longer be used. Global Integrity 2008 reports that the press can safely investigate and report corruption cases. The Internet use is unrestricted. Reporters Without Borders 2010 ranks Kenya 96th out of 175 countries, while Freedom House 2009 ranks the country 128th out of 195 countries and describes its media environment as 'partly free'.

  • Civil Society: The constitution provides for freedom of association and assembly and, according to Freedom House 2009, these rights are generally respected. Kenya has a strong civil society which has played a significant role in political mobilisation since the early 1990s. According to the Bertelsmann Foundation 2010, there are numerous NGOs and other civil society organisations engaging constructively with the state in all areas of policy-making. Nonetheless, at the same time, the report acknowledges that the voice of civil society has been consistently ignored in all major policy debates, even though their advice was frequently sought. The former head of Transparency International Kenya John Githongo was appointed head of the former Permanent Secretary for Ethics and Governance in 2003, but resigned in 2005 due to the failings of the Kibaki administration's anti-corruption and reform campaign. He subsequently fled Kenya after he leaked a report on graft to the British press and received death threats. His report, which had been ignored by the Kibaki administration, implicated several high-level ministers and Vice-President Moody Awori in the Anglo-Leasing scandal. Nonetheless, as alleged in a February 2009 article by BBC News, the government quickly reinstated the sacked ministers, and corruption allegations continued to appear in the country. Githongo returned shortly to Kenya in August 2008 on the invitation of Prime Minister Odinga and current Vice-President Stephen Kalonzo Musyoka, hinting that he might return permanently. His visit provided a strong boost to anti-corruption civil society activism and signalled a renewed sense of hope on behalf of anti-corruption activists under the new grand coalition government. Githongo actively engaged in anti-corruption activities during his visit and partook in discussions concerning the development of a quasi-judicial commission to grant amnesty to those involved in old but ongoing corruption cases if they admit their guilt and surrender the assets they acquired illegally.

  • Transparency International Kenya (TI Kenya): TI Kenya is very active in the struggle against corruption in the country and aims to inform the public concerning the fight against corruption with rigorous research and analysis. TI Kenya is a prime source for documentation, investigation and activism on corruption-related issues. TI Kenya publishes the Kenya Bribery Index every year, which captures corruption as experienced by ordinary citizens in their interaction with officials of both public and private organisations.

  • MARS Group Kenya: The goal of MARS Group Kenya is to create awareness and to generate demands for accountability from Kenya's leadership and to encourage Kenyans to hold to account those who have committed improprieties. The organisation's website offers interactive forums, corruption reports, access to certain government reports, daily corruption news, as well as recommended reading. A web-ombudsman including an online corruption reporting system is in development. MARS Group Kenya includes the Movement for Political Accountability (MOPA) which is a non-partisan coalition of organisations that brings together the private sector, religious leaders, civil society organisations and other stakeholders to promote accountability of elected leaders.

  • Centre for Law and Research International Kenya (Clarion Kenya): Clarion Kenya aims to contribute to processes that make public institutions more accountable and responsive to the needs and demands of Kenyans. Clarion Kenya makes publications regarding corruption in Kenya available on its website.

  • East African Association (EAA): The EAA has membership of some 300 companies from a number of countries representing banking, insurance, manufacturing, trading, mining and agriculture, transport and shipping etc. The EAA conducts surveys on corruption amongst other issues.

  • Institute of Certified Public Secretaries (ICPS): The ICPS is a professional organisation which has spoken out against corruption and runs continuing education and training programmes for its members to promote integrity and professionalism. The ICPS aims to develop and promote good governance, enhance productivity in the private and public sectors of the economy through its members, by inculcating in them high standards of professional knowledge, expertise and competence in public secretarial practice, administration, public and corporate management and related disciplines.

  • Centre for Corporate Governance (CCG): The CCG is a private organisation which works to develop and promote the adoption of sustainable best practices in corporate governance through training, education, research, advocacy, monitoring and evaluation. The CCG develops corporate governance courses and training manuals for directors and leaders of all types of corporations, institutions and organisations, and conducts tailor-made, client specific courses in corporate governance and leadership. The organisation works actively in the field of private sector anti-corruption through the promotion integrity, transparency and accountability in corporate governance.