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Kenya’s Ticking Debt Time Bomb

Fellow Kenyans, it will take CS Rotich approximately 1 and a half hours to read the #BudgetKE2019 speech. In that time alone, Kenya’s debt will have accrued an interest of Kshs.62,737,200

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Kenya's Ticking Debt Bomb
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Fellow Kenyans, it will take CS Rotich approximately 1 and a half hours to read the speech. In that time alone, Kenya’s debt will have accrued an interest of Kshs.62,737,200.

See the Debt Clock

Odipodev is a data analytics and research firm operating out of Nairobi. They can be contacted on team@odipodev.com

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Odipodev is a data analytics and research firm operating out of Nairobi.

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Toa Kitambulisho! Evolution of Registration of Persons in Kenya

Under the Registration of Persons Act (Cap.107), it is a requirement by the law of Kenya that a Kenyan citizen who attains the age of eighteen must have an Identity card facilitated through the Department of National Registration Bureau.

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Toa Kitambulisho! Evolution of Registration of Persons in Kenya
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Kipande

In 1915, the colonial government enacted the Native Registration Ordinance but it was not until 1919 and 1920 that it was implemented. The registration was an instrument to control and regulate the recruitment of African males into colonial labour. It contained a registration certificate and fingerprint of the holder. The Ordinance made it mandatory for all adult males aged 16 and above to be registered. Upon registration, they were issued with registration papers kept in metallic copper containers attached to a chain commonly referred to as “Kipande.” The Kipande was worn around the neck like a dog collar. The Kipande contained the wearer’s tribe, their strengths and weaknesses and comments from his employer on his competence, therefore, determining his pay or whether or not he would be employed.

The government used the Kipande to curtail freedom of Africans and monitor labour supply. It also empowered the police to stop a native anywhere and demand to be shown the document. For Africans, the Kipande was like a badge of slavery and sparked bitter protests.

Passbook

In 1947, the Kipande was replaced by an identity booklet which had fingerprints but not the bearers portrait. A new law, the Registration of Persons Ordinance, was passed to make it mandatory for all male persons of all races of 16 years and above to be registered. But under this new law, the identity cards issued distinguished between the protectorate and non-protectorate persons. Although the Ordinance sought to remove discrimination based on race, it made no attempt to remove gender-based discrimination. The trend continued even after independence until 1978 when an amendment was made to what has become the Registration of Persons Act (Cap 107, Laws of Kenya) to include the registration of women who had attained the age of 16 years and above. A further amendment to the Act was made in 1980 to raise the age of registration from 16 to 18 years.

The first generation Identity Cards

In 1980, legislation was amended to include women and the booklet was replaced by the “First Generation” paper identity card with subtle security features embedded in the new document. The document design contained the bearers portrait and fingerprints. Raphael Musau, who was the officer in charge of National Registration Bureau and driving the whole process, witnessed the handing over of the new generation national identity card to the former president Daniel Arap Moi. In 1977, Raphael Musau was requested by the then vice president Daniel Arap Moi to design a new Kenyan Identity card which was to replace the blue colonial passbook. His first port of call, accompanied by Principal Registrar of Persons, was De La Rue, Company in London who eventually were tasked with making the new design.

The second generation card

The first generation identity card was replaced in 1995 by the smaller credit-card size “Second Generation” card, that was in essence, a laminated paper card. The card includes basic information [name, sex, date and place of birth, date and place of issue] a photo, a signature and an image of one fingerprint.

Plastic card

In 2011, the second generation card, in turn, was upgraded to the present plastic card without fundamentally changing its features. The current generation of IDs therefore date back to 1995, the last time that the population was re-enrolled.

The card includes basic information [name, sex, date and place of birth, date and place of issue] a photo, a signature and an image of one fingerprint. It also includes a sequential 8-digit national ID number (just a sufficient number of digits to cover a population the size of Kenya’s) as well as a 9-digit serial number. The information on the front of the card is machine readable on the back. Since 2007 there have been intentions to move to a “Third Generation” e-ID card with a chip and enhanced security features, but these have not materialized because of financial constraints.


Under the Registration of Persons Act (Cap.107), it is a requirement by the law of Kenya that a Kenyan citizen who attains the age of eighteen must have an Identity card facilitated through the Department of National Registration Bureau.

The National Registration Bureau (NRB) is responsible for collecting biometric and biographic information and issuing National IDs (NIDs). The NRB also operates the Automated Fingerprint Identification System that checks for duplicate or multiple registrations.

The Kenyan NID is mandatory and must be acquired when an individual turns 18, and is issued free of charge. The Kenyan NID does not have an expiration date. Thus far, Kenya has issued 24 million cards, but this total may include duplicates as well as the inactive cards of deceased individuals. There are about 1.2 million new registrations each year. Foreigners who remain in Kenya more than 90 days are required to register as an alien and get an alien registration card.

Every citizen in Kenya not previously registered has to go through the first category which is the initial registration of applying for an identity card. At this stage, no fee is paid to access this service. In Duplicates – resulting from lost, defaced or mutilated cards. National Registration Bureau charges a service fee of Kshs.100 with effect from 16th March 2018 for replacement and change of particulars resulting from a change of name(s) and residence which attracts a fee of Kshs.300 and Kshs 1,000 (depending on the request).

The requirement needs for the first stage of ID application by Kenyan citizens include a birth certificate or baptism certificate, both parents identity cards and copy, two passport size photos and a school leaving certificate.

Huduma Number

On 19th September, 2005, the Head of Public Service appointed an Inter-Ministerial Taskforce on Integration of Population Register Systems (IPRS) in line with the National Economic and Social Council (NESC) recommendation on the fast-tracking of the integration of the registration systems. The Taskforce made several recommendations one of them was the introduction of a unique national number – Personal Identity Number (PIN) for all individuals resident in the country. That the number be assigned at birth for all residents and serve as the control number for all registration systems, Establishment of a National Population Register, containing information of all residents and serve as a central reference for all population registration systems, a central database. Development of nationwide ICT infrastructure backbone to link government agencies for purpose of information sharing and verification.


According to  
Kenya Law Reform Commission, the recommendations of this taskforce formed the basis for the formation of the Integrated Population Register System (IPRS) to serve as the single source of truth for the population data in the country. Although IPRS was a good step towards the integration of population data, it was limited in capacity since it only consolidated data from primary population registration agencies, these being Civil Registration Department (CRD), National Registration Bureau (NRB) and Department of Immigration Services (DIS), which are established by different legal regimes. Further, IPRS did not seek to validate the information received from primary agencies by getting information from the source, Kenyans. There were a number of shortcomings of IPRS hence the Government took up the challenge. In order to improve and build upon the progress made by IPRS, the Government initiated the  National Integrated Identity Management system ( NIIMS) programme under Executive Order No. 1 of 2018. NIIMS was subsequently approved by the National Assembly vide the Statute (Miscellaneous Amendments) Act, No 19 of 2018.

The purpose of NIIMS project is to create and manage a central master population database, which will be the ‘single source of truth’ on a person’s identity since it will contain information of all Kenyan citizens and foreign nationals residing in Kenya and will serve as a reference point for personal data for Ministries, Departments and Agencies (MDAs) and other approved stakeholders. NIIMS involves registration of all Kenyans both locally and abroad and also all foreign nationals who live in Kenya. Upon registration, the enrolled persons will be issued with a unique identification number referred to as Huduma Namba and later a multi-purpose card referred to as Huduma card, which will substitute the current inefficient identity cards. The Huduma Namba, being a unique identification number, will be used to identify all persons in the country and thus will be used while accessing government services and identification both by government and the private sector. It will waive the need for issuance of multiple registrations of the same person and will be used from cradle to death. NIIMS will be the single source of foundational data about a person and all government agencies will tap into it. The Huduma card will contain the integrated personal and foundational data of the cardholder. The mass registration for Huduma Namba began in March 14th 2019.

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Nairobi Commuter Train System: In the Shadows of the Lunatic Express

Whether true not, the demand for commuter trains in the country is ballooning and to think that Nairobians religiously use the commuter trains to and from work is refreshing.

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Nairobi Commuter Train System: Is the Government Doing Enough?
Photo: Flickr/yusunkwon
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In March 2018, social media in Kenya was awash with images of old rickety Spanish trains that the Kenyan government was allegedly planning to buy at a rough estimate of between Sh71 million and Sh137 million per train to supplement the need for the Nairobi commuter train demand.

According to a media report, the Kenyan government was planning to import at least 11 diesel multiple units (DMU) of trains from Spain, with some as old as 25 years. The Transport Secretary, Esther Koimett, however, refuted the claims while sharing images on Twitter of what she said were the actual DMUs that government is planning on shipping to minimise the traffic congestion in the city.

“These are the actual DMUs we are getting. Cost for the 11 DMUs is Sh1.5 billion NOT Sh10 billion. They should serve us for another 20-25 years,” said Ms Koimett.

Whether true or not, the demand for commuter trains in the country is ballooning and that Nairobians religiously use the commuter trains to and from work is revealing. In March for instance, tens of thousands of commuters were heavily inconvenienced due to delays on the Nairobi commuter railway service (NCRS) schedule caused by the presence of French President Emmanuel Macron in the country.

“Dear customers, please note that the evening commuter train services will tomorrow (13/03/2019) experience delays. Syokimau 1 will depart at 1845 hours while Embakasi train will leave at 1900 hours. The other evening trains will run as scheduled,” read a notice by the Kenya Railway Corporation (KRC).

It was on the same day that the French President was conducting a station tour of the Nairobi Central Railway Station off Haile Selassie Avenue with commitment of funding the proposed development of a commuter rail service to the Jomo Kenyatta International Airport. This is aimed at decongesting the city as well as reducing the time taken between the central business district (CBD) and the airport.

The proposed JKIA commuter rail service, which is set to be completed by 2021 is part of a Sh340 billion public and private infrastructure trade deal between Kenya and France.

The Transport Ministry documents that over 13,000 Nairobians use the Nairobi Commuter Rail Service (NCRS), which was unveiled last December, every day. The NCRS is part of the Nairobi Metropolitan Transport Master Plan, which aims at decongesting the city.

The Kenya Revenue Authority (KRA) on the other hand keeps the data of revenues collected from ticket sales. It, however, does not report the number of travellers who use the NCRS in a day.

The data below shows the amount of money in millions that KRA collected from NCRS in terms of number of tickets sold in the period 2013 – 2016.

The NCRS operates 20 trips every day as shown in the below schedule, with average fare costs of between Sh30-Sh60. The Nairobi Transport executive Mohamed Dagane said in an interview last December that the commuter trains move over 40,000 different people daily contradicting reports by the Ministry of Transport.

“When the full complement is in they will enable us to transport around 132,000 people a day compared to the 13,000 we do today,” said Ms Koimett.

KRC in December said the NCRS project dubbed Nairobi Railway City (NRC) was part of its efforts to decongest the city roads. It is co-funded by the government and the World Bank.

To this effect, 10 new stations were to be completed to facilitate the plan. The Dandora, Mwiki, Githurai, Kahawa, and Ruiru were among the new stations. They complement the existing ones – Kibera, Imara Daima, Syokimau, and Makadara.

But the commuter train services in Nairobi are not a new thing. The services were introduced in the 1980s to provide a low-cost public transport alternative to the urban poor in the city, following the crippling economic inflation the country was experiencing at the time.

The long-distance passenger services had also been in operation between  Nairobi and Mombasa, as well as to  Kisumu, since the railway service went into operation in 1903 and as a result, the Kenya  Railways Corporation did not therefore have to acquire any new passenger wagons for the new services.

Despite the addition of the new wagons, the capacity is still limited as more and more Kenyans choose the trains over matatus, mainly because of time constraints and convenience away from the public service madness on the Kenyan roads.

Commuting to the city centre by train is much faster than by road, and more affordable. The trains carry sitting as well as standing passengers, with some hanging at the doors, and the more daring riding on the roof especially for passengers plying the Kibera route.

Most of the new stations constructed in the 2000s contain parking facilities allowing personal vehicle owners access to the stations.

Commuter train schedule

The commuter trains operate on weekdays twice during rush hours in the morning and evening. Some routes like the Nairobi – Syokimau also have afternoon services.

The service is not available on weekends, public holidays,  and during certain times of the day mostly non-peak periods.

The train picks up commuters at designated stops and takes approximately 20-30 minutes between stations. This includes a stoppage of two minutes at halts to pick up or drop commuters.

The current commuter rail network is so dilapidated that the average speed on some sections is as low as 15 kilometres per hour due to broken rails, unstable tracks and insufficient ballast.

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The Unwinnable War: How the Myth of an ‘Institutional’ Solution Has Hobbled the Fight Against Graft and Wasted Time and Resources

The political vernacular of corruption has lost its lustre, especially with the millennial generation, who today perceive corruption not as the abuse of public office for private gain but the abuse itself lays in the existence of the public office.

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The Unwinnable War: How the Myth of an ‘Institutional’ Solution Has Hobbled the Fight Against Graft and Wasted Time and Resources
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What is clear is that in Kenya’s case, the public policy reform/technocratic approach to fighting corruption has become utterly irrelevant in the current political context. The Presidential ‘Summit’ on Governance and Corruption in November 2016 as former anti-graft Czar John Githongo opined was the final nail in the coffin of the ‘technical fix’ to corruption when President Uhuru Kenyatta expressed his helplessness, ripped into his anti-corruption officials and their approach, and basically reduced the event to a public relations exercise. Kenyans have done all the anti-corruption benchmarking, created all the anti-graft institutions, committees, working groups, task forces, units; drafted all the frameworks and policy papers; taken all the advice possible from multilaterals, bilaterals, NGOs, the private sector and others including churches; enacted all the laws and their subsidiaries; held all the conferences, summits, workshops and get-togethers possible. Fundamentally, what started in 1956 with a series of legal and institutional reforms aimed at improving governance and fighting corruption was a phase that ended with Presidential Summit on Governance and Corruption in November 2016. But the history of corruption didn’t begin here.

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In 1888, the Imperial British East Africa Company (IBEACo) claimed Kenya as one of its territories. That arrangement continued until 1895 when the territory reverted to the British as the East African Protectorate encompassing areas deemed “waste and unoccupied” that did not have a settled form of government. In the early 1900s, Europeans began to stream into the country at the invitation of the colonial government and were allocated the most fertile land upcountry in areas where for generations Africans had farmed, grazed animals, and practised their customs freely. The consequence was that the indigenous people were driven to low-density areas unsuitable for agriculture with low rainfall, poor soil, and absence of pasture. Those who didn’t find a place to settle became squatters in white farms or worked as labourers for Asian merchants. The expropriation of African land by Europeans was done fraudulently and represented one of the first acts of land grabbing and looting by the colonial regime in Kenya. They just grabbed African farms without much effort to hide their activities. Until then, the African lands were secured by the Protectorate.

Regulations of 1897 forbade any alienation of land regularly used by Africans unless the colonial administration was satisfied the land was no longer regularly used and that Africans would not be adversely affected. That changed with the Crown Lands Ordinance of 1902 which gave the government jurisdiction over all lands subject to the right of occupation by Africans. From that time, African ownership of land was not recognized; only occupation and use of it were permitted.

The Unwinnable War: How the Myth of an 'Institutional' Solution Has Hobbled the Fight Against Graft and Wasted Time and Resources

Dawa ya Ufisadi

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In 1915, another Crown Land Ordinance was passed giving whites 999- year leases. It also transferred all lands formerly occupied by Africans to the control of the governor, and barred European landowners from employing non-white managers or supervisors to be in-charge of their holdings. The Ordinance also created African reserves to be located away from white settlements. As the whites entrenched themselves, more land laws were passed to govern different parts of the country making the Land Law in Kenya one of the most complicated land systems in the world. After World War II, the British government heightened the process of settling former servicemen by grabbing more land. Overall, 1% of the white population occupied 16,500 square miles of land.

At that time, crown or public land comprised 76.97% of Kenya. It included everything from forests to lakes and rivers. However, 70% of it was in the dry Northern Frontier Province, inhabited mainly by Somali ethnic groups. Of the total land area, only 1.9% was put to agricultural use at the time and almost all of it by white settlers. Thus, while each of the majority Africans occupied one or two acres on average, whites were sitting on 160 acres each per person.

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In 1935, Archdeacon Eric Burns, a British member of the Kenya Legislative Council (LegCo), complained that chiefs were forcing widows exempted from taxes into paying them a bribe so that the widows could retain their exemptions; and that animals sold in distress for non-payment of tax were undervalued and purchased by the chiefs and their henchmen. The evil of corruption and bribery got worse when colonialists enacted the Chief’s Act in 1937 giving the officials a wider latitude of powers, including maintaining law and order, collecting taxes to help sustain the luxurious lifestyles of whites, overseeing agricultural activities in their areas, and mediating disputes. To meet their financial needs, chiefs habitually confiscated livestock from tax defaulters to swell their herds, and accumulated land that really belonged to other people.” It was routine for chiefs to raid a village and demand surrender of personal property under threats of arrest. They collected hut and poll taxes and retained part of the money. The more levy they collected the more money went into the Exchequer and into their pockets. During colonial times, chiefs commanded respect and trepidation from locals in equal measures. Chiefs exerted themselves to please the authorities, often taking actions that turned out to be abuse of peoples’ rights. They sometimes beat and tortured innocent villagers to demonstrate their commitment to duty and loyalty to their masters. As the government’s “eyes” on the ground, chiefs frequently held barazas to explain colonial plans and policies, and were spokespeople and translators for white administration officials.

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The biggest known case of public corruption in Colonial Kenya involved the construction of the Mbotela and Ofafa housing estates on the east part of Nairobi in the 1950s. According to Joe Khamisi in his seminal work Kenya: Looters and Grabbers: 54 Years of Corruption and Plunder by the Elite, the project was intended to ease accommodation problems created by mass movements of people from the rural areas in search of jobs in the city, as well as the return of African soldiers from World War II. Thirteen thousand bed spaces per year were scheduled to be built over a period of five years at a cost of GBP.2 million (KES.273 million), which was to come as a grant from the Colonial Development Corporation (CDC). In those years, construction work was dominated by big European and Asian owned firms though many small “one-job-at-a-time operations” also existed. Those nondescript companies were prepared to take any job even though they didn’t have proper equipment and relied on cheap unskilled labor. Soon after tendering for the housing project was done and contracts awarded, news went around alleging corrupt practices in the selection process. The Criminal Investigation Department (CID) was called in to investigate. When news reached London, the British government appointed Sir Alan Rose a well-known lawyer to head a three-man commission with a brief to “examine accusations of corruption and malpractices in every aspect of the affairs of the Nairobi City Council.

A long list of contraventions of building specifications was provided, including “shallow excavation of footings, under-strength concreting in floors and lintels, substandard joinery, the use of cheaper, weaker materials throughout, and generally poor standards of workmanship” – all of which had apparently been approved by council officers in exchange for kickbacks. One of several officials implicated in the debacle was the city engineer Harold Whipp. Before the council made the decision to sack him, Whipp committed suicide and his body was found on a railway line. The Commission also unearthed several other cases of misconduct in the council including some in the fire brigade and the city market. The Mayor, Israel Somen, and his deputy, Dobbs Johnson, were cited for corrupt practices. The two survived the scandal and Somen was, after independence, appointed by Tel Aviv as the Israel ambassador to Kenya. The Rose Commission concluded that bribery and corruption were “by no means uncommon” among city office holders at ‘all levels and in all departments’; that the scale of cash inducements involved to secure services or preference from the council was often significant; and that such behavior was accepted as the norm and widely tolerated. So, it wasn’t just African home guards and chiefs who engaged in bribery and extortion in colonial Kenya.

Europeans were as guilty of corruption and malpractice in colonial Nairobi as anyone else, and Africans at the bottom of the colonial racial hierarchy were most often its victim. To stymie the growing trend of corruption in government, the LegCo (Legislative Council) enacted the Prevention of Corruption Act (Cap 65) in 1956, setting out jail terms for any public servant who solicited, accepted or obtained money unlawfully in exchange for service. It also provided for forfeiture of awards of gifts offered in a corrupt manner.” It was the Roe vs.Wade legislation as pertaining to fighting corruption in Kenya.

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On 12 December 1963, the Union Jack was lowered for the last time on Kenya soil, Kenya obtained ‘independence’ from the British. Under its first president, Jomo Kenyatta promulgated its first constitution which laid bare the hopes, dreams and promises of the Kenyan people. The government promised every part of the country will be controlled by the indigenous people of the area. Too, it promised it would eradicate poverty, disease and ignorance and also fight corruption.

However, that arrangement lasted for less than a year as Kenyatta abolished the region-based independence constitution in 1964 and introduced a unitary system of government which gave the presidency executive powers. Corruption took centre stage. An estimated 25,000 people were settled in the month of January 1964 alone. The pace in which the process was implemented implied there was no intention to vet and accord deserving cases their rights, but rather persons had already been predetermined or identified by the authorities.” The bottom line was: corruption was at play. One of the first things Kenyatta did after becoming Prime Minister, was to order a Rolls Royce car from the London’s Motor Show, for his use without any state budgetary provisions or (even) personal intent to pay. In doing so, Kenyatta became the first Kenyan official to violate procurement procedures which required that the Central Tender Board (CTB) call for multiple quotations from suppliers. It was a colonial process which did not change until the 1970s. Kenyatta also ignored the advice of Finance Minister James Gichuru who told him Kenya was short of capital and therefore bankrupt and could not afford the expensive vehicle.

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Having heard the complaints of senior officials in his administration about their inability to do private business because of government restrictions, Kenyatta 1 regime decided to do something. In 1971, Kenyatta appointed a body called the “Public Service Structure and Remuneration Commission” to recommend reforms in the public service on a system established by the colonial government. Known as the Ndegwa Commission, after its Chairman Duncan Ndegwa, the Commission recommended sweeping changes in moral and professional conduct of civil servants. It suggested increases in civil service salaries; the appointment of an ombudsman to oversee integrity in government; and slashing the number of parastatals. Furthermore, it permitted civil servants to engage in private businesses.

The Ndegwa report broke the colonial rule which was observed up to around 1970 that public workers should not engage in businesses. In the meantime, civil servants began immediately to engage in businesses. Soon, the civil service was submerged in corruption from top to bottom. Officers demanded bribes and sold tips and confidential government information to the highest bidders. Service delivery was impacted as many civil servants were often away tending to their private businesses. The Ndegwa allowed people to use their public offices to loot public resources with very little or no accountability.

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When Moi came to power many Kenyans hoped corruption would end. Because Kenya’s second president was a staunch Christian; and as a man with a strong rural upbringing, he was less entangled in the twisted urban lifestyles of intrigues, corruption, and conspiracy. He demonstrated that commitment by lashing at corruption and those involved in it wherever he went in the country, even as his family and cronies were amassing wealth. At one time, he showed up in Parliament to personally lead a debate on a legislation intended to deal with the menace. In 1982, Moi formed a working committee to draft a national code of conduct to deal with various issues including inequitable distribution of resources, misappropriation of public funds, and corruption. In announcing its formation, he accused some of his officials of greed and selfishness and promised tough action. He said his government would no longer tolerate graft and those caught would be punished severely. The working committee, chaired by a prominent businessman, B. M. Gecaga, submitted its report in October 1983, but that was the last time anyone heard of it. The whole charade appeared to be a public relations stint to hoodwink Kenyans into believing he was serious about corruption. It was a show of empty bravado.

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In 1993, the Government established the Police Anti-Corruption Squad in the police force to spearhead the fight against corruption in the Criminal Investigation Department. It was abandoned in 1995. The Prevention of Corruption Act (Cap 65) was amended in 1997 and would lead to the creation of the Kenya Anti-Corruption Authority (KACA), the first government anti-corruption organ established by law to fight corruption. The first Director of the Kenya Anti-Corruption Authority, John Harun Mwau, was appointed in December, 1997. KACA was disbanded in the year 2000 after it was declared unconstitutional by the High Court. This decision was on the basis, among others, that the powers of KACA to prosecute went against Section 26 of the then Constitution which had then preserved powers of prosecution on the Attorney General. After the disbandment of KACA, the Anti-Corruption Police Unit was formed as an administrative organ to continue the fight against corruption.

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In July 1998, Parliament appointed a Select Committee on anti-corruption under the Chairmanship of MP Musikari Kombo and gave it the mandate to study and investigate the causes, nature, extent and impact of corruption in Kenya; identify the key perpetrators and beneficiaries of corruption; recommend immediate and effective measures to be taken against such individuals involved in corruption, recover public property corruptly appropriated by them; and enact a Bill to provide stiff penalties for corruption related offences. The motion led to the enactment of the Anti Corruption and Economic Crimes Bill (2000) which established the Kenya Anti-Corruption Commission (KACC) with responsibilities to investigate corrupt cases and institute civil proceedings for recovery of corruptly obtained assets; and the formation of the Kenya anti-corruption advisory board to be responsible for appointing commissioners, and advise the commission on the performance of its functions. Nothing came out of those efforts until Moi handed over the government to Kibaki in December 2002.

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Kibaki’s victory in the 2002 general elections came as a big sigh of relief that four decades of KANU’s misrule had come to an end. Kenyans dreamed of a new beginning away from corruption, misadministration, and human injustices. Kibaki vowed to deal firmly with corruption which Moi had failed to clamp down. Kibaki said that corruption would cease to be a way of life in Kenya. Soon after being sworn-in, Kibaki moved to create institutions to deal with the challenge. He established the Kenya Anti-Corruption Commission (KACC) and appointed John Githongo as PS in his office to deal with matters of ethics in the public sector. Within a few months, he got Parliament to enact the public officer ethics legislation to compel all public servants to declare their wealth. The legislation tightened protocols to discourage favoritism, nepotism and administrative malpractices in government. From all initial indications, Kenyans were convinced Kibaki was the man to steer the country away from rampant sleaze which had dominated the two previous administrations. KACC was born out of the Anti-Corruption and Economic Crimes Act (ACECA) and the Public Officers Ethics Act of 2003 which became fully operational on 2 May 2003. The Act also established the Kenya Anti- Corruption Advisory Board (KACAB), a body which recommends to Parliament persons to be appointed as director and assistant directors, and advises the commission on the exercise of its powers and performance of its functions. However, while the anti-corruption push, led from the front by President Mwai Kibaki, started with a bang it faltered within eight months. Through a series of circulars, directives, committees, commissions and endless meetings, the fight against corruption was bureaucratised, effectively reduced to an annual laundry list by the anti-corruption authority of what they mostly hadn’t achieved, and the odd court appearance by suspects wearing broad smiles and expensive suits.

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In August 2010, a new constitution was promulgated in Kenya, which made far-reaching changes on governance, leadership, integrity in the anti-corruption regime. Article 79 of the Constitution required Parliament to enact legislation to establish an independent body to ensure compliance with and enforcement of Chapter Six of the Constitution. Pursuant to this Article, Parliament enacted the Ethics and Anti Corruption Commission Act, No. 22 of 2011 which came into effect on 5th September 2011. The Act amended the Anti-Corruption and Economic Crimes Act (ACECA) by repealing the provisions establishing Kenya Anti Corruption Commission and its Advisory Board, while retaining all other provisions relating to corruption offences and economic crimes, their investigation and prosecution.

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After billions of dollars have been spent in the war on graft, today, corruption is undergoing a moral and political paralysis. Largely due to the politicization of corruption by the Kenyan political class in their battles for 2022, and more fundamentally because the standard post-colonial logic that “all would be fine” if it were not for the corruption of some persons and their ability to mobilise their own ethnic groups in pursuit of the public purse has been falsified. The political vernacular of corruption has lost its luster, especially with the millennial generation, who today perceive corruption not as the abuse of public office for private gain but the abuse itself lays in the existence of the public office. Indeed, the very idea and roots of the Kenyan state is that of “corruption” and of the continuous abuse of its citizens.

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