Kenya Country Profile
Private Anti-Corruption Initiatives
Media:The new Kenyan Constitution explicitly guarantees press freedom and the freedom of expression. The constitution now grants rights to access and communicate information. A new Media Law is being drafted, as is a new policy for Information and Communication Technology and the Independent Communications Commission of Kenya is being established. All three, it is hoped, will create a freer media that can help ensure the freedoms of expression, media and information, defined in the constitution, become reality. Although violence and intimidation of journalists remains rare by regional standards, there are still the occasional reports. For example, in December 2010, a journalist investigating the murder of another journalist in 2009, received threatening phone calls, according to Freedom House 2011. 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 Although defamation remains illegal in Kenya, the Attorney General has stated that the law is outdated and will no longer be used.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 2009 reports that there are cases where corruption investigative journalists have been detained by Kenyan police, and according to the US Department of State 2009, a journalist was killed after orders by senior police officers, due to his report on police corruption. There was no thorough investigation to follow up the murder. Reporters Without Borders 2010 ranks Kenya 96th out of 175 countries, while Freedom House 2010 ranks the country 121st out of 196 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 2011, 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.
Eastern Africa 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.
African Parliamentarians Network Against Corruption Kenya (APNAC): APNAC is active in capacity-building, information campaigns, promotion of anti-corruption legislation, and establishing a legal framework to promote free elections.
