Corruption in the developing countries including Kenya is one of the major issues affecting national development. Since independence in 1963, Kenya has experienced many incidents of corruption and economic crimes which have taken place to the detriments of the welfare of the Kenyans. Some of these cases have not been detected nor have the culprits been legally punished. Corruption is not only a problem in Kenya but also a global political and socio-economic issue of concern. The enactment of the Prevention of Corruption Act in 1956 by colonial government was in realization that the problem had became visible in the emerging civil service hence affecting the smooth delivery of the public services. This law overtime proved to be ineffective as evidenced in its continued amendments, repeal and the subsequent enactment of other legislations to curb corruption in the country. Other than the legal approach used for fighting against corruption in the country, the government has undertaken various efforts which includes; formation of probes, commissions and ratification of international instruments aimed at combating the vice.
Despite these efforts, the existence of the menace seems to be protracted with no near effective solution. This paper, therefore endeavours to undertake a critical review of the efforts undertaken by the government to curb the problem and thereafter make suggestions which the government and other stakeholders involved in the war against corruption can adopt and reduce it for both political and socio-economic advancement of the country.
[...] A critical review of the Kenya's efforts to minimize corruption Abstract Corruption in the developing countries including Kenya is one of the major issues affecting national development. Since independence in 1963, Kenya has experienced many incidents of corruption and economic crimes which have taken place to the detriments of the welfare of the Kenyans. Some of these cases have not been detected nor have the culprits been legally punished. Corruption is not only a problem in Kenya but also a global political and socio-economic issue of concern. [...]
[...] Kenya has been instrumental member in the creation of the organization. To further demonstrate its commitment in the war against corruption, Kenya also joined other African countries in the Month of June 2011 in an anti- corruption conference held at Bujumbura in Burundi where a declaration on the formation of Africa Anti-Corruption Authorities was signed by the heads of various anti-corruption bodies from Africa. The heads agreed to cooperate and assist each other in areas of; mutual legal assistance, law enforcement, joint investigations and tracing of the ill-gotten assets among other areas of interest (Bujumbura Declaration of the Conference of Africa Anti-Corruption Authorities, 2011). [...]
[...] The also provided for investigation of past corruption offences. Section 4 (d) and (e) of the Act empowers the Commission to investigating economic crimes, such as grand corruption and exploitation of natural or public resources and establish how they were concluded (Government Printers, Truth, Justice and Reconciliation Act, 2009). The Commission is also mandated to inquire into the irregular and illegal acquisition of public land and make recommendations on how the affected land would be repossessed or how the pending cases on such land can be determined. [...]
[...] The efficacy of this institution is yet to be tested. It is worth to note that by the time KACC got wound up, the perception among most of the Kenyans was that it had not fully succeeded in the war against corruption given the fact that most of the mega cases it had investigated had not been concluded save for minor cases involving low cadre public servants. The Commission also experienced leadership succession problems especially when it came to the appointments of its directors as there was always unwarranted rivalry between the Executive and the Legislatures on the process of appointing of the directors. [...]
[...] ---------------------------, (Revised1998), The Prevention of Corruption Act, Nairobi. ---------------------------,(2003). Report of the Commission of Inquiry into the Illegal /Irregular Allocation of Public Land, Kenya Gazette, Notice No.4559, Nairobi. -----------------------------.(2003).Goldenberg Commission of Inquiry, Gazette Notice No.1238, Nairobi. National Alliance of Rainbow Coalition.(2002). National Alliance of Rainbow Coalition Manifesto. Nairobi Spear of Integrity. (2007). KACC Magazine, Nairobi. United Nations on Drugs and Crime, (2005). Corruption: Compendium of International Legal Instruments on Corruption, Vienna. ------------------------------- (2004) The Global Programme Against Corruption; UN Anti-Corruption Tool Kit, 3rd Edition, Vienna. [...]
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