Corruption in Kenya

Corruption in the government of Kenya has a history that spans the era of the founding president Jomo Kenyatta, to Daniel arap Moi's KANU, Mwai Kibaki's PNU governments. President Uhuru Kenyatta's Jubilee Party government, and the current William Ruto's Kenya Kwanza administration have also been riddled with massive cases of graft, topping in the list of corrupt Presidents in Africa
In Transparency International's 2024 Corruption Perceptions Index, Kenya scored 32 on a scale from 0 ("highly corrupt") to 100 ("very clean"). When ranked by score, Kenya ranked 121st among the 180 countries in the Index, where the country ranked first is perceived to have the most honest public sector. For comparison with regional scores, the average score among sub-Saharan African countries was 33. The highest score in sub-Saharan Africa was 72 and the lowest score was 8. For comparison with worldwide scores, the best score was 90 (ranked 1), the average score was 43, and the worst score was 8 (ranked 180).
Most bribes paid by urban residents in Kenya are fairly small but large ones are also taken – bribes worth over KSh.50,000/= (€297.59, US$324.89) account for 41% of the total value. There is also corruption on a larger scale with each of the last two regimes being criticised for their involvement.
Despite market reforms, several business surveys reveal that business corruption is still widespread and that companies frequently encounter demands for bribes and informal payments to 'get things done' in Kenya, a trend that has contributed to an increased cost of doing business in Kenya. The country ranks 56 among 190 economies globally on the World Bank's Ease of Doing Business Index 2019.
The public procurement sector in Kenya suffers widespread corruption and is the leading form of graft in the public service and is always at the centre of all major corruption scandals. The use of agents to facilitate business operations and transactions in Kenya is widespread and poses a risk for companies, particularly at the market entry and business start-up stage.
Despite positive developments, the Kenya Anti-Corruption Commission (KACC) was disbanded and replaced by the newly instated Ethics and Anti-Corruption Commission (EACC) on 5 September 2011. Observers describe the new agency as superficial.
It is observed that in Kenya bribery and nepotism as the most prevalent forms of corruption according to surveys carried out.
On 22 July 2019, Kenya's finance minister Henry Rotich became the country's first sitting minister to be arrested for corruption. This followed an order by the Director of Public Prosecution (DPP), Noordin Haji, for the arrest and prosecution of Mr. Rotich and his Principal Secretary (PS) Kamau Thugge among other top government officials over the multibillion-shilling Arror and Kimwarer dams scandal.
In 2017, the US government cut health funding to Kenya over widespread corruption in the Ministry of Health. USAID suspended $21M funding for activities carried out by a number of the Ministry's departments over corruption and weak accounting procedures.
The Turkwell Gorge Hydro Electric Dam Project was commissioned in 1986 and completed by French company Spie Batignolles in 1991. The construction of the dam is one of the controversial projects that characterized former president Moi's administration in the late 80s and early 90s. According to media reports the project was riddled by allegations over pricing, lack of environmental assessment and feasibility study, and failure to have an open tendering process that saw the contract awarded to the French company.
In 1986, Achim Kratz, then European Commission delegate to Kenya, in an internal memo that was leaked to the Financial Times alleged that Kenya's failure to have an open tendering process resulted in the government paying more than double the cost.
The blame on alleged corruption surrounding the dam was blamed on two government officials: then Minister of Energy Nicholas Biwott and then Finance Minister George Saitoti who were accused of handpicking the French company for the job for their own gain in terms of kickbacks.
In 2000, the permanent secretary, secretary to the cabinet, and head of Public Service to the Kenyan government, Dr. Richard Leakey declassified the Turkwel dam files making them publicly accessible. The information, which falsified the graft allegations raised against the project including the lack of an open tendering process, was also made public in Hansard, parliamentary debates of June 8, 2000.
The late president Moi had appointed Dr. Leakey in 1999 to head the civil service and help reform the corrupt civil service and privatization of state-owned companies but Leakey stepped down in 2001.
In March 2002 in High Court Case No. 2143 of 1999, Nicholas Biwott successfully sued the People's Daily Newspaper over libel after the paper published a story accusing him of colluding with the French firm to award it the contract in disregard of due process. Justice Aluoch awarded him 10M KSh in damages.
In August 2020, Activists in Kenya embarked on countrywide protests to demand full accountability of all the COVID-19 funds from the government, following media reports of misappropriation of the funds. Narc party leader and human rights defender, Martha Karua, was the first leader to come out publicly call on the President Kenyatta's government to provide full disclosure and accountability of the Covid-19 funds and equipment from all sources including loans, grants, donations and in-kind support both locally and internationally.
The Ethics and Anti-Corruption Commission has been investigating an alleged procurement scandal at the Kenya Medical Supplies Authority (KEMSA).
The Arror and Kimwarer dams scandals is one of the major corruption sagas that characterised former President Uhuru Kenyatta and his Deputy William Ruto's (now president) government. At the center of the once ambitious project that turned out to a major graft scandal is an Italian firm; CMC di Ravenna and 28 government officials that included former Treasury Cabinet Secretary Henry Rotich and his Principal Secretary Kamau Thugge, who has recently been nominated by the president as Governor of the Central Bank of Kenya.
The Italian construction company failed to construct the Arror and Kimwarer dams despite being paid billions of shillings.
President William Ruto in March 2023 announced plans to revive the project following discussions with Italian president Sergio Mattarella, who was on an official tour in Kenya.
Despite corruption being rampant in Kenya, the country has had an anti-corruption legislation dating back to 1956; The Prevention of Corruption Act (Cap. 65), which was in operation from August 1956 to May 2003 when the Anti-Corruption and Economic Crimes Act, No. 3, became operational.
The Ethics and Anti-Corruption Commission has also provided a framework for reporting cases of graft in the Government and the public Sector. The reports can be reported in person, via phone call or email at the EACC headquarters or any of the commission's regional offices across the counties or at the Huduma Centre. Whistleblowers can also file reports anonymously.
Since 2003, EACC has secured 293 convictions in Court and recovered assets worth KSh.26.65 billion/=, acquired from corruption.
In an effort to curb corruption and promote ethics and integrity in the public service, all senior civil servants in Kenya are required to declare their wealth. The wealth declaration for public officials is backed by The Public Officer Ethics Act, 2003, which sets out one-year jail term or one million fine for those who fail to submit a declaration or clarification.
The declarations are meant to detect and prevent corrupt practices, evaluate potential conflicts of interest, promote transparency and accountability and increase public confidence in government. The wealth declaration forms have helped EACC nab corrupt public officers especially in the graft-ridden police service.
In 2015 President Uhuru Kenyatta, in a bold move to tame the massive corruption that has tainted his first term in office, asked all public officials, who had adversely been named in a graft report handed to him by the EACC, to step aside and pave way for investigations. The officials named in the report consisted of members of the Public Accounts Committee in Parliament, MPs, heads of parastatals and various principal secretaries. Then Lands cabinet secretary Charity Ngilu was among the leaders mentioned in the report, who stepped down following President Kenyatta's directive. Secretary to the Cabinet Francis Kimemia, Labour minister Kazungu Kambi, Transport and infrastructure CS Eng Michael Kamau, Transport PS Nduva Muli and Energy and Petroleum CS Davis Chirchir also resigned.
The office of the Director of Public Prosecutions, whose core functions include prosecution of those charged by the police and other investigative agencies with criminal offences, has also helped in the war against graft. The current DPP Noordin Haji has particularly introduced a new vigour in the fight against corruption since he assumed the office in 2018.
Senior government officials including sitting Ministers, Governors, Principal Secretaries and MPs, linked to corruption scandals, have been arrested and prosecuted on the DPP's orders.
Some of the Governors who have been charged with misappropriation of Public funds include; Migori Governor Zachary Okoth Obado Nairobi governor Mike Sonko, Kiambu governor Ferdinard Waititu, Samburu Governor Moses Kasaine and Tharaka Nithi Governor Muthomi Njuki. In 2019 Noordin Haji also ordered the arrest and prosecution of Former Treasury Cabinet Secretary Henry Rotich, who became Kenya's first sitting Minister to be arrested for corruption.
In July 2020, Haji's office issued new rules for prosecutors on preferring charges against suspects in corruption and other criminal cases. The new rules outline the thresholds that prosecutors must check to see if the potential case either passes the evidence test, the public interest test, or both and only pursue cases with realistic prospects of conviction.
The Civil society in Kenya has been at the fore front of fighting graft in the country. Renowned activists like Boniface Mwangi, Wanjeri Nderu and Okiya Omtatah have always put the government on the spot over corruption and often lead anti-corruption protests to demand for accountability.
The Kenya Police has often been condemned by citizens and Human Rights groups for meting out excessive force on protesters and infringing on their rights.
According to the Ethics and Anti-Corruption Commission, Kenya is losing an estimated KSh.608 billion/= (7.8% of the country's GDP) to corruption annually. Reduced corruption is therefore crucial for the country's development. Sustainable Development Goal 16 advocates for justice and strong institutions as essential elements to every democratic society. Targets 16.3 and 16.5 aim to Promote the rule of law at the national and international levels and ensure equal access to justice for all, and substantially reduce corruption and bribery. The Sustainable Development Goals are consistent with Kenya's primary development blueprint, the Kenya Vision 2030, and President Uhuru Kenyatta's Big 4 Development Agenda.
Listed in Githongo's dossier are a number of companies that won security-related contracts :-
The Ethics and Anti-Corruption Commission (EACC) was established after Kenya's President Mwai Kibaki signed the Ethics and Anti-Corruption Act on 29 August 2011. The EACC replaced the Kenya Anti-Corruption Commission (KACC).
Previously, the Kenya Anti-Corruption Commission (KACC) was established in April 2003 to replace the Kenya Anti-Corruption Authority, after Parliament enacted new legislation.