Kenya Government Introduces New Guidelines to Fight Corruption
The Kenyan government has introduced new guidelines to assist public and private entities in developing procedures for preventing bribery and corruption.
Background
The guidelines were published by the Attorney General, Justice (Rtd.) Paul Kihara Kariuki, CBS, aimed at helping entities comply with the Bribery Act, 2016. The Act makes it a criminal offence for individuals or companies to offer or receive bribes.
Key Provisions of the Guidelines
The guidelines require public and private entities to:
- Assess and map out bribery and corruption risks in their operations
- Develop plans to mitigate these risks
- Establish an implementation structure or arrangement that ensures commitment from top leadership, involvement of employees at all levels, and designation of a senior officer responsible for overseeing the implementation of anti-corruption procedures
- Provide mechanisms for reporting bribery and corruption incidents internally within the entity and to the Commission on Administrative Justice
- Maintain confidentiality on the identity, details of the report and source of information of whistleblowers, informants and witnesses
- Establish procedures for receiving, recording, processing and disseminating reports for appropriate action and feedback
Importance of Communication and Training
The guidelines also emphasize the importance of communication and training on bribery and corruption prevention measures put in place by the entity. Entities are required to:
- Designate a person or persons responsible for setting up an enforcement structure
- Provide for appropriate action for violation of the law, regulations and procedures in relation to prevention of bribery and corruption
Penalties for Non-Compliance
Private entities that fail to put in place procedures for preventing bribery and corruption will be liable on conviction to:
- A fine not exceeding five million shillings or
- Imprisonment for a term not exceeding ten years, or both.
The guidelines come into effect immediately and will be reviewed from time to time as circumstances may require. According to the Attorney General, the guidelines are aimed at promoting transparency and accountability in public and private entities. “The government is committed to eradicating corruption and ensuring that those who engage in corrupt activities are held accountable,” he said.