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General Information

GDP USD37.229bn (World ranking 87, World Bank 2012)
Population 43.18 million (World ranking 31, World Bank 2012)
Form of state Republic
Head of government Uhuru Kenyatta
Next elections 2018, presidential and legislative

 

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Data Protection

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Arrangement of Sections

1 – Short title.

2 – Interpretation.

3 – Corruption in office.

4 – Corrupt transactions with agents.

5 – Increase of maximum penalty in certain cases.

6 – Public servant obtaining advantage without consideration

7 – Presumption of corruption in certain cases.

8 – Principal may recover any secret gifts.

9 – Invalidity of appointment, etc., no bar to prosecution.

10 – Special powers of investigation.

11 – Special rules of evidence.

11A – Attorney-General may prohibit transfer of advantage, etc. or property corruptly acquired.

11B – Anti-Corruption Squad.

11C – False claims as to corrupt transaction.

12 – Sanction to prosecute. (Repealed)

1 – Short title.

1.This Act may be cited as the Prevention of Corruption Act.

2 – Interpretation.

2.In this Act—

“advantage” includes any office or dignity, and any forbearance to demand any money or money’s worth or valuable thing, and any aid, vote, consent or influence, or pretended aid, vote, consent or influence, and any promise or procurement of, or agreement or endeavour to procure, or the holding out of any expectation of, any gift, loan, fee, reward, consideration or advantage, as before defined;

“agent” includes—

(a) any person in the employment (whether under a contract of service, a contract for service or otherwise, whether permanent or temporary, whether paid or unpaid, and whether full-time or part-time and whether such person is a natural person or a body of persons) of, or acting for, another,

(b) a trustee;

(c) an administrator or an executor; and

(d) a person serving under the Government or under any public body;

“Authority” means the Kenya Anti-Corruption Authority established under section 11B;

“Director” and “Assistant Director” mean a Director and an Assistant Director of the Authority appointed under section 11B;

“consideration” includes valuable consideration of any kind, any discount, commission, rebate, bonus deduction or percentage and also employment or services or an agreement to give employment or render services in any capacity;

“principal” includes an employer, and a beneficiary under a trust, and a trust estate as though it were a person, and any person beneficially interested in the estate of a deceased person, and the estate of a deceased person as though the estate were a person, and, in relation to a person serving under the Government or under a public body, the Government or the public body, as the case may be;

“public body” includes the Government, any department, service or undertaking of the Government, the Cabinet, the National Assembly and any local or public authority, and also any corporation, council, board, commission or other body which has power to act under and for the purposes of any law in force in Kenya relating to local government, the public health or undertakings of public utility or otherwise to administer funds belonging to or granted by the Government or money raised by rates, taxes or charges in pursuance of any law in force in Kenya;

“public office” means any office or employment, whether permanent or temporary, whether paid or unpaid and whether whole-time or part-time, of a person as a member, officer or servant of a public body;

“public servant” has the meaning assigned to the expression “person employed in the public service” in the Penal Code and where, in accordance with the provisions of any Act, any person is deemed to be a person employed in the public service for the purposes of the Penal Code (whether those words or words to the same effect are used), then such a person shall also be deemed to be a public servant for the purposes of this Act;

3 – Corruption in office.

3.(1) Any person who shall by himself, or by or in conjunction with any other person, corruptly solicit or receive, agree to receive, for himself or for any other person, any gift, loan, fee, reward, consideration or advantage whatever, as an inducement to, or reward for, or otherwise on account of, any member, officer or servant of a public body doing, or for bearing to do, or having done or forborne to do, anything in respect of any matter or transaction whatsoever, actual or proposed or likely to take place, in which the public body is concerned shall be guilty of a felony.

(2) Any person who shall by himself, or by or in conjunction with any other person, corruptly give, promise or offer any gift, loan, fee, reward, consideration or advantage whatever to any person, whether for tile benefit of that person or of another person, as an inducement to, or reward for, or otherwise on account of, any member, officer or servant of any public body doing or forbearing to do, or having done or forborne to do, anything in respect of any matter or transaction whatsoever, actual or proposed or likely to take place, in which the public body is concerned shall be guilty of a felony.

(2A) For the purposes of subsection (2), where a person gives, promises or offers any gift, loan, fee, reward, consideration or advantage to another person, knowing or having reasonable cause to believe that his doing so may lead to the doing of an act by that other person which constitutes an offence under subsection (1), he shall be taken to have acted corruptly.

(3) Any person who commits an offence under this section shall be liable—

(a) to imprisonment for a term—

(i) not less than five years and not more than ten years where the amount or value of the gift, loan, fee, reward, consideration or advantage exceeds ten thousand shillings; or

(ii) not less than one year and not more than five years where the amount or value of the gift, loan, fee, reward, consideration or advantage does not exceed ten thousand shillings; and

(b) in addition—

(i) where such person is an agent, to be ordered by the court to pay to his principal, in such manner as the court may direct, the amount or value of any gift, loan, reward, consideration or advantage received by him or any part thereof; or

(ii) whether such person is an agent or not, to be ordered by the court to forfeit the whole or such part as the court may direct, of the amount or value of any gift, loan, reward, consideration and advantage received by him, and that the whole or part of the residue be forfeited; or

(iii) whether such person is an agent or not to be ordered by the court to forfeit the whole or such part as the court may deem fit of the amount or value of any gift, loan, fee, reward, consideration or advantage by him; and upon conviction shall, unless the court for special reasons otherwise orders, be liable to be adjudged to be forever incapable of being elected or appointed to any public office, and to be incapable for seven years from the date of the conviction of being registered as an elector, or of voting at an election, of members of any public body in Kenya, and if at the date of the conviction he has been elected as a member of any public body his seat shall be vacated from that date; and any written law in force in Kenya for preventing the voting and registration of persons declared by reason of corrupt practices to be incapable of voting shall apply to a person adjudged in pursuance of this section to be incapable of voting.

4 – Corrupt transactions with agents.

4.(1) If—

(a) any agent corruptly accepts or obtains, or agrees to accept or attempts to obtain, from any person, for himself or for any other person, any gift, loan, fee, reward, consideration or advantage whatever, as an inducement or reward for doing or forbearing to do, or having done or forborne to do, any act in relation to his principal’s affairs or business, or for showing or forbearing to show favour or disfavour to any person in relation to his principal’s affairs or business; or

(b) any person corruptly gives or agrees to give or offers any gift, loan, fee, reward, consideration or advantage whatever, to any agent as an inducement or reward fordoing or forbearing to do, or for having done or forborne to do, any act in relation to his principal’s affairs or business, or for showing or forbearing to show favour or disfavour to any person in relation to his principal’s affairs or business; or

(c) any person knowingly gives to any agent, or any agent knowingly uses with intent to deceive his principal, any receipt, account or other document in respect of which the principal is interested, and which contains any statement which is false or erroneous or defective in any material particular, and which to his knowledge is intended to mislead the principal, he shall be guilty of a felony.

(2) Any person who commits an offence under this section shall be liable to imprisonment for a term not exceeding seven years or to a fine not exceeding ten thousand shillings or to both such imprisonment and fine, and, in the case of an agent, to be ordered in addition to pay to his principal, and in such manner as the court may direct, the amount or value of any gift, loan, fee, reward, consideration or advantage received by him or any part thereof.

(3) Where, under subsection (2) of this section or under paragraph (b) of subsection (3) of section 3, a court orders the payment of the amount or value of any gift, loan, fee, reward, consideration or advantage, that order shall for the purpose of any appeal be deemed to form part of the sentence of the court.

5 – Increase of maximum penalty in certain cases.

5.A person convicted of an offence under section 3 or section 4 shall, where the matter of transaction in relation to which the offence was committed was a contract or a proposal for a contract with the Government or any public body, or a subcontract to execute any work comprised in such a contract, be liable to imprisonment for a term not exceeding fourteen years:

Provided that nothing in this section shall prevent the infliction—

(i) in addition to imprisonment, of such punishment other than imprisonment as may be inflicted under subsection (3) of section 3, or under subsection (2) of section 4; or

(ii) in lieu of the punishment provided for by this section, of any punishment which may be inflicted for an offence under section 3 or section 4.

6 – Public servant obtaining advantage without consideration

6.(1) Any person who, being a public servant solicits, accepts or obtains or agrees to accept or attempts to obtain, for himself or for any other person, any gift, loan. fee, reward, consideration or advantage without lawful consideration or for lawful consideration which he knows or has reason to believe to be inadequate, from any person whom he knows or has reason to believe to have been, or to be, or to be likely or about to be, concerned in any matter or transaction with himself as a public servant, or any connection with the official functions of himself or of any public servant to whom he is subordinate, or from any person whom he knows to be interested in or related to or acting for or on behalf of the person concerned, or having such connection, shall be guilty of an offence and shall be liable to imprisonment for a term—

(a) not less than five years and not more than ten years where the amount or value of the gift, loan, fee, reward, consideration or advantage exceeds ten thousands shillings; or

(b) not less than one year and not more than five years where the amount or value of the gift, loan, fee, reward, consideration or advantage does not exceed ten thousand shillings;

and, in addition, the court may order that the amount or value of any gift, loan, fee, reward, consideration or advantage received by him, or any part thereof, be forfeited.

(2) For the purposes of subsection (1), any gift, loan, fee, reward, consideration or advantage received, with the knowledge of the accused person, by any person, where the court is satisfied, having regard to his relationship to the accused person or to any other circumstance, that that person has received it for or on behalf of the accused person or otherwise on account of or in connection with the office or official duties of the accused person, shall be deemed to have been received by the accused person.

7 – Presumption of corruption in certain cases.

7.(1) Where, in any proceedings under this Act, it is proved that any money, gift, loan, fee, reward or other consideration or advantage has been paid, offered, promised, lent or given or agreed to be given to, or received or agreed to be received by, a person in the employment, whether permanent or temporary, whether paid or unpaid and whether whole-time or part-time, of the Government or of a public body by or from a person, or agent of a person, holding or seeking to obtain a contract from the Government or from any public body, the money, gift, loan, fee, reward, consideration or advantage shall be deemed to have been paid, offered, promised, lent or given or agreed to be given, and received or agreed to be received, corruptly as such inducement or reward as is mentioned in section 3 or section 4 unless the contrary is proved.

(2) Where, in any proceedings under subsection (1) of section 6, it is proved that any person solicited, accepted or obtained, or agreed to accept or attempted to obtain, any gift, loan, fee, reward, consideration or advantage whatever in any of the circumstances set with in that subsection, then that gift, loan, fee, reward, consideration or advantage shall be deemed to have been solicited accepted or obtained or agreed to be accepted or attempted to be obtained corruptly, unless the contrary is proved.

8 – Principal may recover any secret gifts.

8. (1) Where any gift, loan, fee, reward, consideration or advantage has in contravention of this Act been given by any person to an agent, the principal may recover as a civil debt the amount or the money value thereof from the agent, and no conviction or acquittal of the agent or of that person in respect of an offence under this Act shall operate as a bar to proceedings for the recovery of the amount or money value.

(2) Nothing in this section shall prejudice or affect any right which any principal may have under any law in force in Kenya to recover from his agent any money or property.

9 – Invalidity of appointment, etc., no bar to prosecution.

9.A person shall not be exempt from punishment under this Act by reason of the invalidity of the appointment, nomination or election of a person to a public office.

10 – Special powers of investigation.

10.(1) Notwithstanding anything in any other law contained, the Director may, if it is proved to his satisfaction that there is reasonable cause for suspecting that an offence under this Act has been committed by any person, authorize in writing any named police officer of or above the rank of Assistant Superintendent, or any other officer of the Authority, with or without a named accountant, to investigate any bank account, share account or purchase account of that person or his wife or child, or of any specified person reasonably believed by the Director to be a trustee or agent for that person, and that authority shall be sufficient warrant for the production of such accounts and documents as may be required for scrutiny by the officer so authorized; and the officer may take copies of any relevant entry in any such account or document:

Provided that nothing in this subsection shall prejudice or derogate from any privilege from disclosure which attaches in law to professional communications between advocate and client.

(2) Any authority issued under this section shall be addressed to a named person and shall only apply to accounts held by that person.

(3) Any person who fails to produce any such account or document to any person who produces due authority under subsection (1) or to permit any such authorized person to scrutinize the same or to take copies of any relevant entry therein or gives a false account shall be guilty of an offence and liable to imprisonment for a term not exceeding three years or to a fine not exceeding fifty thousand shillings, or to both such imprisonment and fine.

11 – Special rules of evidence.

11.(1) In any trial or inquiry by a court of or into an offence punishable under this Act, the fact that an accused person is in possession, for which he cannot satisfactorily account, of pecuniary resources or property disproportionate to his known sources of income, or that he had, at or about the time of the alleged offence, obtained an accretion to his pecuniary resources or property for which he cannot satisfactorily account, may be proved and may be taken into consideration by the court as corroborating any other evidence in the trial or inquiry that the accused person received or obtained any money, gift, loan, fee, reward or other consideration or advantage.

(2) An accused person shall, for the purposes of subsection (1), be deemed to be in possession of resources or property, or to have obtained an accretion thereto, where the resources or property are held or the accretion is obtained by any other person and the court is satisfied, having regard to his relationship to the accused person or to any other circumstances, that that other person is holding the resources or property or has obtained the accretion for or on behalf of the accused person or, in the case of the husband, wife, child, father, mother, sister or brother of an accused person, as a gift from the accused person.

11A – Attorney-General may prohibit transfer of advantage, etc. or property corruptly acquired.

11A.(1) Where a person has been charged with an offence under this Act and the Director has reason to suspect any person of having corruptly received or acquired any advantage, gift, loan, fee, reward or property, he shall apply to the court, ex parte, which may, upon evidence that the person concerned has corruptly received or acquired the advantage, gift, loan, fee, reward or property or that there is any other person to whom there is evidence that the advantage, gift, loan, fee, reward or property or part of the proceeds or value thereof has been transferred or conveyed, order that the property, money or advantage in question shall not be transferred or disposed of, for such period, not exceeding six months, as it shall deem fit.

Provided that the court may, on the application of the Director, by order extend the period for such further period as it shall deem fit.

(2) Any person who is served with an order under subsection (1) may, within fifteen days of such service, apply to the court for the discharge of the order, and the court may, after hearing the parties, either maintain, vary or discharge the order.

(3) Any person who has been served with an order under subsection (1) and who, in contravention of the order, transfers, disposes of or parts with the possession of the sum of money or property specified in the order, shall be guilty of an offence and liable to imprisonment for a term not exceeding two years.

4) In any proceedings for an offence under subsection (3), the accused person shall be acquitted if he satisfies the court—

(a) that the sum of money or other property specified in the order was delivered to a police officer, or to some other person as directed in the order; or

(b) that the sum of money or other property specified in the order was produced to the court and has been retained by such court; or

(c) that the order has been discharged by the court before the transfer, disposal, or parting with possession complained of.

11B – Anti-Corruption Squad.

11B.(1) There is established an Authority to be known as “the Kenya Anti-Corruption Authority” (hereinafter referred to as “the Authority”) which shall be a body corporate with perpetual succession and a common seal, with power, in its corporate name, to—

(a) sue and be sued;

(b) take, purchase or otherwise acquire, hold, charge or dispose of both movable and immovable property;

(c) borrow or lend money;

(d) enter into contracts; and

(e) do or perform all such things or acts necessary for the proper performance of its functions under this Act which may be lawfully done by a body corporate.

(2) The Authority shall consist of a Director who shall be the chief executive and such number of Assistant Directors, not exceeding three, all of whom shall be appointed by the President on the recommendations of the Advisory Board appointed under subsection (7).

(2A). The Director and Assistant Directors shall hold office for terms of four years each but shall be eligible for reappointment:

Provided that no Director or Assistant Director shall hold office for more than two terms.

(2B). The Director and Assistant Directors shall be appointed at different times so that the respective expiry dates of their terms of office shall fall at different times.

(2C). A Director or an Assistant Director may resign his office by writing under his hand addressed to the President which resignation shall take effect one month from the date of receipt of the letter of resignation by the President.

(2D). If a Director or an Assistant Director resigns or otherwise vacates office before the expiry of his term of office,, the President shall appoint another person in his place.

(2E). Where a Director or an Assistant Director is unable to perform the functions of his office due to any temporary incapacity which is likely to be prolonged, the President may appoint a substitute for that Director or Assistant Director until such time as the President determines that his incapacity has ceased.

(2F). No person shall be appointed as a Director or an Assistant Director who is—

(a) a member of the National Assembly; or

(b) a salaried employee of any public body (except on a secondment basis).

(2G). The President shall terminate the appointment of: a Director or Assistant director who—

(a) becomes subject to any of the disqualifications specified in subsection (2F);

(b) is adjudged bankrupt or enters into a composition or scheme of arrangement with his creditors;

(c) is convicted of an offence involving dishonesty or fraud or moral turpitude;

(d) is adjudged or is otherwise declared to be of unsound mind;

(e) is absent without the leave of the Authority from three consecutive meetings of the Authority;

(f) becomes for any reason, incapable or incompetent of properly performing the functions of his office.

Provided that the appointment of a Director or Assistant Director shall not be terminated under this paragraph until the question of his removal from office has been referred to a tribunal under subsection (2H), and the tribunal has recommended to the President that the Director or Assistant Director ought to be removed from office on grounds of incapability or incompetence as aforesaid.

(2H). Where the President intends to remove a Director or Assistant Director from office under paragraph (f) of subsection (2G), then—

(a) the President shall appoint a tribunal which shall consist of a chairman and two other members selected by the President from among persons—

(i) who hold or have held office as Judges of the High Court or the Court of Appeal;

(ii) who are qualified to be appointed as Judges of the High Court or the Court of Appeal; and

(b) the tribunal shall inquire into the matter and report on the facts to the President and recommend to him whether the Director or Assistant Director ought to be removed from office.

(2I) Where the question of removing the Director or an Assistant Director has been referred to the tribunal under this section, the President may suspend the Director or Assistant Director from the exercise of the functions of his office and any such suspension may at any time be revoked by the President, and shall in any case cease to have effect if the tribunal recommends to the President that the Director or Assistant Director should not be removed.

(3) The functions of the Authority shall be—

(a) to take necessary measures for the prevention of corruption in the public, parastatal and private sectors;

(b) to investigate, and subject to the directions of the Attorney-General, to prosecute for offences under this Act and other offences involving corrupt transactions; and

(c) to advise the Government and the parastatal organizations on ways and means of preventing corruption;

(d) to inquire and investigate the extent of liability of any public officer in the loss of any public funds and to institute civil proceedings against the officer and any other person involved in the transaction which resulted in the loss for the recovery of such loss;

(e) to investigate any conduct of a public officer which is connected with or conducive to corrupt practices and to make suitable recommendations thereon.

(f) to undertake such further or other investigations as may be directed by the Attorney-General;

(g) to enlist members of the public in fighting corruption by the use of education and outreach programmes.

(4) In the performance of their functions the members of the Authority shall have all the powers of a police officer of or above the rank of Assistant Superintendent of Police and the provisions of the Police Act conferring upon police officers powers necessary or expedient for the prevention, investigation and prosecution of offences shall apply in relation to members of the Authority as if references in those provisions included references to members of the Authority.

(5) The Director may assume the responsibility for any investigation or prosecution commenced by the police for an offence involving corruption.

(6) The Authority may appoint such officers or servants or hire the services of such consultants, experts or independent investigators as may be necessary for the proper discharge of its functions under this Act or any other written law, upon such terms and conditions of service as the Authority may determine.

(7) The funds of the Authority shall comprise—

(a) moneys provided by Parliament for that purpose;

(b) such moneys or assets as may accrue to or vest in the Authority in the course of the exercise of its powers or the performance of its functions under this Act;

(c) all moneys from any other source provided for or donated or lent to the Authority;.

(8) There shall be paid out of the funds of the Authority, such sums of money as are required to defray the expenditure incurred by the Authority in the exercise of its powers or the performance of its functions under this Act.

(9) The Authority shall cause to be kept proper book and records of account of the income, expenditure, assets and liabilities of the Authority.

(10) The provision of Part VII of the Exchequer and Audit Act shall apply to the Authority.

(11) There is established an Advisory Board which shall comprise seven members appointed by the President, all of whom shall be persons knowledgeable or experienced in law, monetary and financial matters, accountancy and fraud investigation.

(12) The purpose for which the Advisory Board is established shall be—

(a) to recommend to the President persons for appointment as Directors or Assistant Directors pursuant to the provisions of subsection (2);

(b) to advise the Authority generally on the exercise of its powers and the performance of its functions under this Act.

(13) The President may make regulations—

(a) setting out the procedure for appointing the members of the Advisory Board established by subsection (7) and prescribing the terms and conditions of service of such members;

(b) generally for the better carrying out of the provisions of this section.

11C – False claims as to corrupt transaction.

11C.Any person who without reasonable or probable cause, makes a false allegation that any person is engaged in corrupt practices or transactions in contravention of this Act shall be guilty of an offence and liable to imprisonment for a term not exceeding five years.

12 – Sanction to prosecute. (Repealed)

12. A prosecution for an offence under this Act shall not be instituted except by or with the written consent of the Attorney-General*:

Provided that a person charged with such an offence may be arrested, or a warrant for his arrest may be issued and executed, and he may be remanded in custody or on bail, notwithstanding that the consent of the Attorney-General to the institution of a prosecution for the offence has not been obtained, but no further or other proceedings shall be taken until that consent has been obtained.

*Power delegated to the Director of Public Prosecutions where the amount of Value of the gift, loan, fee, reward consideration of advantage in respect of which the offence is alleged to have been committed does not exceed KSh. 10,000, and to the persons for the time being holding the offices of Deputy Public Prosecutor, Assistant Deputy Public Prosecutor, Provincial State Counsel, Coast Province, Provincial State Counsel, Central Province, Provincial State Counsel, Eastern Province, Provincial State Counsel, Nyanza Province, Provincial State Counsel, Western Province, where the amount or value of the gift, loan, fee, reward consideration or advantage in respect of which the offence is alleged to have been committed does not exceed KSh. 1,000. (L.N.332/1996).

(Came into force on: May 2, 2003)

An act of Parliament to advance the ethics of public officers by providing for a Code of Conduct and Ethics for public officers and requiring financial declarations from certain public officers and to provide for connected purposes

Enacted by the Parliament of Kenya as follows:—

Part I — Preliminary

Short title.

1. This Act may be cited as the Public Officer Ethics Act, 2003.

Interpretation.

2. In this Act, unless the context otherwise requires—

“Code of Conduct and Ethics” means, for a public officer, the Code of Conduct and Ethics established under Part II for that public officer;

“Commission” means a commission, committee or other body having functions under this Act by virtue of section 3;

“Minister” means the Minister responsible for integrity issues;

“public officer” means any officer, employee or member, including an unpaid, part-time or temporary officer, employee or member, of any of the following—

(a) the Government or any department, service or undertaking of the Government;

(b) the National Assembly or the Parliamentary Service;

(c) a local authority;

(d) any corporation, council, board, committee or other body which has power to act under and for the purposes of any written law relating to local government, public health or undertakings of public utility or otherwise to administer funds belonging to or granted by the Government or money raised by rates, taxes or charges in pursuance of any such law;1997, No. 12.

(e) a co-operative society established under the Co-operative Societies Act;

(f) a public university;

(g) any other body prescribed by regulation for the purposes of this paragraph;

“responsible Commission”, in relation to a public officer, means the Commission determined under section 3 to be the responsible Commission in relation to that public officer.

Determination of responsible Commission.

3.(1) This section determines what body is the responsible Commission for a public officer for the purposes of this Act.

(2) The committee of the National Assembly responsible for the ethics of members is the responsible Commission for —

(a) members of the National Assembly including, for greater certainty, the President, the Speaker and the Attorney-General;

(b) members of the Electoral Commission and the Public Service Commission; and

(c) the Controller and Auditor-General.

(3) The Public Service Commission is the responsible Commission for the public officers in respect of which it exercises disciplinary control and for the public officers described in paragraphs (d) and (e) of section 107(4) of the Constitution and for public officers who are officers, employees or members of state corporations that are public bodies.

(4) The Judicial Service Commission is the responsible Commission for judges, magistrates and the public officers in respect of which it exercises disciplinary control.

(5) The Parliamentary Service Commission is the responsible Commission for the public officers in respect of which it exercises disciplinary control.

(6) The Electoral Commission is the responsible Commission for councillors of local authorities.

(7) The Teachers Service Commission established under the Teachers Service Commission Act is the responsible Commission for teachers registered under that Act.

(8) The Defence Council established under the Armed Forces Act is the responsible Commission for members of the armed forces, within the meaning of that Act.

(9) The National Security Intelligence Council established under the National Security Intelligence Service Act, 1998 is the responsible Commission for members of the National Security Intelligence Service established under that Act.

(10) The responsible Commission for a public officer for which no responsible Commission is otherwise specified under this section is the commission, committee or other body prescribed by regulation.

(11) A body that is the responsible Commission for a public officer by virtue of exercising disciplinary control over that public officer remains the responsible Commission notwithstanding the delegation of any disciplinary powers with respect to that public officer.

Certain delegations by Public Service Commission.

4.(1) Subject to subsection (2), the Public Service Commission may, by notice in the Gazette, delegate to another person or body any of its powers and functions under Part IV or Part V with respect to classes of public officers specified by the Public Service Commission and that person or body shall be deemed to be the responsible Commission with respect to such delegated powers and functions.

(2) The Public Service Commission may delegate powers and functions only with respect to public officers in a job group below job group “H” or its equivalent.

Part II – Specific codes of conduct and ethics

Establishment of specific Codes.

5.(1) Each Commission shall establish a specific Code of Conduct and Ethics for the public officers for which it is the responsible Commission.

(2) The specific Code established by a Commission shall include all the requirements in the general Code of Conduct and Ethics under Part III and may —

(a) include requirements beyond what is required under the general Code of Conduct and Ethics under Part III; and

(b) set out how any requirements of the specific or general Code may be satisfied.

(3) No requirement shall be included in a specific Code that would infringe any independence of a public officer provided for by the Constitution or an Act and any requirement of the specific Code or in the general Code of Conduct and Ethics under Part III is of no effect to the extent that it would do so.

(4) Until a Commission has established a specific Code under this section, the general Code of Conduct and Ethics under Part III shall apply as though it were the specific Code established by the Commission.

Publication of specific Codes.

6.(1) Each Commission shall publish the specific Code of Conduct and Ethics established by it in the Gazette within ninety days after the commencement of this Act.

(2) In relation to a Commission that is prescribed by regulation under section 3(10) as a responsible Commission, this section shall apply as though the reference in subsection (1) to the commencement of this Act were a reference to the commencement of the regulation.

Part III – General Code of Conduct and Ethics

Part sets out general Code.

7. This Part sets out a general Code of Conduct and Ethics for public officers.

Performance of duties, general.

8. A public officer shall, to the best of his ability, carry out his duties and ensure that the services that he provides are provided efficiently and honestly.

Professionalism.

9. A public officer shall—

(a) carry out his duties in a way that maintains public confidence in the integrity of his office;

(b) treat the public and his fellow public officers with courtesy and respect;

(c) to the extent appropriate to his office, seek to improve the standards of performance and level of professionalism in his organisation;

(d) if a member of a professional body, observe the ethical and professional requirements of that body;

(e) observe official working hours and not be absent without proper authorization or reasonable cause;

(f) maintain an appropriate standard of dress and personal hygiene; and

(g) discharge any professional responsibilities in a professional manner.

Rule of law.

10.(1) A public officer shall carry out his duties in accordance with the law.

(2) In carrying out his duties, a public officer shall not violate the rights and freedoms of any person under Part V of the Constitution.

No improper enrichment.

11.(1) A public officer shall not use his office to improperly enrich himself or others.

(2) Without limiting the generality of subsection (1), a public officer shall not—

(a) except as allowed under subsection (3) or (4), accept or request gifts or favours from a person who —

(i) has an interest that may be affected by the carrying out, or not carrying out, of the public officer’s duties;

(ii) carries on regulated activities with respect to which the public officer’s organisation has a role; or

(iii) has a contractual or similar relationship with the public officer’s organisation;

(b) improperly use his office to acquire land or other property for himself or another person, whether or not the land or property is paid for; or

(c) for the personal benefit of himself or another, use or allow the use of information that is acquired in connection with the public officer’s duties and that is not public.

(3) A public officer may accept a gift given to him in his official capacity but, unless the gift is a non-monetary gift that does not exceed the value prescribed by regulation, such a gift shall be deemed to be a gift to the public officer’s organisation.

(4) Subsection (2)(a) does not prevent a public officer from accepting a gift from a relative or friend given on a special occasion recognized by custom.

(5) Subsection (2)(c) does not apply to the use of information for educational or literary purposes, research purposes or other similar purposes.

Conflict of interest.

12.(1) A public officer shall use his best efforts to avoid being in a position in which his personal interests conflict with his official duties.

(2) Without limiting the generality of subsection (1), a public officer shall not hold shares or have any other interest in a corporation, partnership of other body, directly or through another person, if holding those shares or having that interest would result in the public officer’s personal interests conflicting with his official duties.

(3) A public officer whose personal interests conflict with his official duties shall—

(a) declare the personal interests to his superior or other appropriate body and comply with any directions to avoid the conflict; and

(b) refrain from participating in any deliberations with respect to the matter.

(4) Notwithstanding any directions to the contrary under subsection (3)(a), a public officer shall not award a contract, or influence the award of a contract, to—

(a) himself;

(b) a spouse or relative;

(c) a business associate; or

(d) a corporation, partnership or other body in which the officer has an interest.

(5) The regulations may govern when the personal interests of a public officer conflict with his official duties for the purposes of this section.

(6) In this section, “personal interest” includes the interest of a spouse, relative or business associate.

Collections and harambees.

13.(1) A public officer shall not—

(a) use his office or place of work as a venue for soliciting or collecting harambees; or

(b) either as a collector or promoter of a public collection, obtain money or other property from a person by using his official position in any way to exert pressure.

(2) In this section, “collection”, “collector” and “promoter” have the same meanings as in section 2 of the Public Collections Act.

Acting for foreigners.

14.(1) No public officer shall, in a manner that may be detrimental to the security interests of Kenya, be an agent for, or further the interests of, a foreign government, organisation or individual.

(2) For the purposes of this section—

(a) an individual is foreign if the individual is not a citizen of Kenya;

(b) an organisation is foreign if it is established outside Kenya or if it is owned or controlled by foreign governments, organisations or individuals.

Care of property.

15.(1) A public officer shall take all reasonable steps to ensure that property that is entrusted to his care is adequately protected and not misused or misappropriated.

(2) A person who contravenes subsection (1) shall be personally liable for losses resulting from the contravention.

Political neutrality.

16.(1) A public officer shall not, in or in connection with the performance of his duties as such—

(a) act as an agent for, or so as to further the interest of, a political party; or

(b) indicate support for or opposition to any political party or candidate in an election.

(2) A public officer shall not engage in political activity that may compromise or be seen to compromise the political neutrality of his office.

(3) This section does not apply to a member of the National Assembly or a councillor of a local authority.

Nepotism, etc.

17. A public officer shall not practice nepotism or favouritism.

Giving of advice.

18. A public officer who has a duty to give advice shall give honest and impartial advice without fear or favour.

Misleading the public, etc.

19. A public officer shall not knowingly give false or misleading information to members of the public or to any other public officer.

Conduct of private affairs.

20.(1) A public officer shall conduct his private affairs in a way that maintains public confidence in the integrity of his office.

(2) A public officer shall not evade taxes.

(3) A public officer shall not neglect his financial obligations or neglect to settle them.

Sexual harassment.

21.(1) A public officer shall not sexually harass a member of the public or a fellow public officer.

(2) In subsection (1), “sexually harass” includes doing any of the following, if the person doing it knows or ought to know that it is unwelcome —

(a) making a request or exerting pressure for sexual activity or favours;

(b) making intentional or careless physical contact that is sexual in nature; and

(c) making gestures, noises, jokes or comments, including innuendoes, regarding another person’s sexuality.

Selection, etc. of public officers.

22. A public officer shall practice and promote the principle that public officers should be —

(a) selected on the basis of integrity, competence and suitability; or

(b) elected in fair elections.

Submitting of declarations, etc.

23. A public officer shall submit any declaration or clarification required under Part IV to be submitted or made by him.

Acting through others.

24.(1) A public officer contravenes the Code of Conduct and Ethics if—

(a) he causes anything to be done through another person that would, if the public officer did it, be a contravention of the Code of Conduct and Ethics; or

(b) he allows or directs a person under his supervision or control to do anything that is a contravention of the Code of Conduct and Ethics.

(2) Subsection (1)(b) does not apply with respect to anything done without the public officer’s knowledge or consent if the public officer took reasonable steps to prevent it.

Reporting improper orders.

25. If a public officer considers that anything required of him is a contravention of the Code of Conduct and Ethics or is otherwise improper or unethical, he shall report the matter to an appropriate authority.

Part IV – Declarations of Income, Assets and Liabilities

Declaration required.

26.(1) Every public officer shall, annually and as otherwise prescribed by section 27, submit to the responsible Commission for the public officer a declaration of the income, assets and liabilities of himself, his spouse or spouses and his dependent children under the age of 18 years.

(2) The declaration shall be in the form set out in the Schedule and shall include the information required by the form.

When declarations must be made.

27.(1) The annual declaration shall be submitted by each public officer in December of each year.

(2) The statement date of an annual declaration under subsection (1) shall be the first day of November of the year in which the declaration is required.

(3) Within thirty days after becoming a public officer, the public officer shall submit an initial declaration.

(4) The statement date of an initial declaration under subsection (3) shall be the date the public officer became a public officer.

(5) Within thirty days after ceasing to be a public officer, the former public officer shall submit a final declaration.

(6) The statement date of a final declaration under subsection (5) shall be the date the public officer ceased to be a public officer.

(7) The following shall apply with respect to a person who is a public officer on the day the administrative procedures relevant to that public officer are first published under section 33 —

(a) the public officer shall submit an initial declaration within sixty days after the administrative procedures are published; and

(b) the statement date of an initial declaration under paragraph (a) shall be the date the administrative procedures are published.

Clarifications.

28.(1) A person who has submitted a declaration to a Commission shall provide, without undue delay, any clarification requested by the Commission if the request is in writing and is made within six months after the declaration was submitted to the Commission.

(2) Without limiting what a request for clarification may include, such a request may include —

(a) a request that any information that may have been omitted be provided; or

(b) a request that any discrepancy or inconsistency, including a discrepancy or inconsistency arising because of information other than information included on the declaration, be explained or corrected.

Information to be correct.

29. A person submitting a declaration or providing a clarification shall ensure that the declaration or clarification is correct, to the best of his knowledge.

Confidentiality of information.

30.(1) A Commission shall keep information collected under this Part confidential.

(2) No person shall disclose, allow access to or acquire information collected under this Part and held by a Commission except in accordance with this section.

(3) No person shall disclose information that was disclosed or acquired in contravention of this section if the person knows, or has reasonable grounds to believe, that the information was disclosed or acquired in contravention of this section.

(4) Information collected under this Part and held by a Commission may be disclosed to and accessed or acquired by—

(a) authorized staff of the Commission;

(b) the police or any other law enforcement agency;

(c) a person authorized by an order of a judge of the High Court; or

(d) the person who provided the information or his representative.

(5) If a different Commission becomes the responsible Commission for a public officer, the Commission that was the responsible Commission may give any information collected under this Part to the Commission that has become the responsible Commission.

(6) A person who contravenes subsection (2) or (3) is guilty of an offence and is liable, on conviction, to a fine not exceeding two million shillings or to imprisonment for a term not exceeding two years or to both.

Retention of information.

31. A Commission shall keep information collected under this Part concerning a person for at least thirty years after the person ceased to be a public officer.

Offences.

32. A person who fails to submit a declaration or clarification as required under this Part or who submits, in such a declaration or clarification, information that he knows, or ought to know, is false or misleading, is guilty of an offence and is liable, on conviction, to a fine not exceeding one million shillings or to imprisonment for a term not exceeding one year or to both.

Administrative procedures.

33.(1) Each Commission shall establish procedures for the administration of this Part with respect to the public officers for which it is the responsible Commission.

(2) The administrative procedures shall be established and published in the Gazette within ninety days after the commencement of this Act.

(3) In relation to a Commission that is prescribed by regulation under section 3(10) to be a responsible Commission, subsection (2) shall apply as though the reference in that subsection to the commencement of this Act were a reference to the commencement of the regulation.

(4) Nothing in section 27 requires a public officer to submit a declaration before publication, under this section, of the relevant administrative procedures by the responsible Commission.

Amendment of Schedule.

34.(1) Subject to subsection (2), the Minister may, by notice in the Gazette, amend the Schedule to this Act.

(2) The Minister may not amend the Schedule to this Act unless a draft of the amendment has been laid before, and has been approved by resolution of, the National Assembly.

Part V – Enforcement of Code of Conduct and Ethics

Investigations.

35.(1) The responsible Commission for a public officer may investigate to determine whether the public officer has contravened the Code of Conduct and Ethics.

(2) An investigation may be made on the Commission’s own initiative or pursuant to a complaint by any person.

(3) The Commission may refer a matter to another appropriate body for investigation and that body shall investigate the matter within a reasonable time and submit a report to the Commission on its findings.

(4) An investigation may be conducted even if the subject of the investigation has ceased to be a public officer.

Disciplinary action.

36.(1) If an investigation discloses that the public officer has contravened the Code of Conduct and Ethics, the Commission shall, within the time period prescribed by subsection (2)—

(a) take the appropriate disciplinary action; or

(b) if the Commission does not have the power to take the appropriate disciplinary action, refer the matter to a body or person who does have that power.

(2) The time period referred to in subsection (1) is—

(a) within thirty days after the completion of the investigation; or

(b) if another body investigated the matter under section 35(3), within thirty days after the Commission receives the report of that body.

(3) The Commission shall inform the public officer concerned of any action it takes or intends to take under subsection (1) either before it takes the action or within thirty days after it does so.

(4) Subsection (3) does not affect any legal requirement to inform a public officer earlier than is required under that subsection.

(5) The regulations may govern what disciplinary action is appropriate for the purposes of subsection (1).

Publication of actions.

37.(1) A Commission shall ensure that any action it takes under section 36(1) is made public in the manner prescribed.

(2) In making its action public the Commission shall ensure that at least the following is made public—

(a) a description of the public officer’s contravention of the Code of Conduct and Ethics including the circumstances of the contravention and the degree of the public officer’s culpability;

(b) a summary of the evidence upon which the finding that there was a contravention was based; and

(c) a description of the disciplinary action the Commission took against the public officer or, if the Commission referred the matter to another body or person, the disciplinary action the Commission considered appropriate and the disciplinary action taken by that other body or person.

Referral for possible civil or criminal proceedings.

38. If, as a result of an investigation under this Part, the Commission is of the view that civil or criminal proceedings ought to be considered, the Commission shall refer the matter to the Attorney-General or other appropriate authority.

Exceptions.

39. This Part (section 35 excepted) does not apply with respect to offices for which the Constitution provides a procedure for removal for misbehaviour.

Part VI – General

Obstruction or hindering persons under Act.

40. A person who, without lawful excuse, obstructs or hinders a person acting under this Act is guilty of an offence and is liable, on conviction, to a fine not exceeding five million shillings or to imprisonment for a term not exceeding five years or to both.

Divulging information acquired under Act.

41. A person who, without lawful excuse, divulges information acquired in the course of acting under this Act is guilty of an offence and is liable, on conviction, to a fine not exceeding five million shillings or to imprisonment for a term not exceeding five years or to both.

Regulations.

42. The Minister may make regulations for the better carrying out of the provisions of this Act.

Schedule

Declaration of Income, Assets and Liabilities

1.Name of public officer

(Surname) (First name) (Other names)

2.Birth information

a. Date of birth: ________________

b. Place of birth: _______________

3.Marital status: ____________

4.Address

a. Postal address: _________________

b. Physical address: __________________

5.Employment information

a. Designation: ________________

b. Name of employer: ________________

c. Nature of employment (permanent, temporary,

contract, etc.): ______________________________

6.Names of spouse or spouses

(Surname) (First name) (Other names)

Names of dependent children under the age of 18 years.

(Surname) (First name) (Other names)

7. Names of dependent children under the age of 18 years.

(Surname) (First name) (Other names)

8. Financial statement for: ___________________

(A separate statement is required for the officer and each spouse and dependent child under the age of 18 years. Additional sheets should be added as required.)

a. Statement date: ___________

b. Income, including emoluments, for period from ______ to _______.

(Including, but not limited to, salary and emoluments and income from investments. The period is from the previous statement date to the current statement date. For an initial declaration, the period is the year ending on the statement date.)

Description Approximate amount

c. Assets (as of the statement date)

(Including, but not limited to, land, buildings, vehicles, investments and financial obligations owed to the person for whom the statement is made.)

Description(include location of asset where applicable) Approximate value

d. Liabilities (as of the statement date)

Description Approximate amount

9.Other information that may be useful or relevant:

I solemnly declare that the information I have given in this declaration is, to the best of my knowledge, true and complete.

(Adopted in 2003)

An act of Parliament to provide for the prevention, investigation and punishment of corruption, economic crime and related offences and for matters incidental thereto and connected therewith enacted by the Parliament of Kenya as follows:-

Part I – Preliminary

Short title and commencement.

1. This Act may be cited as the Anti-Corruption and Economic Crimes Act, 2003 and shall come into force on publication in the Kenya Gazette.

Interpretation.

2.(1) In this Act, unless the context otherwise requires —

“Advisory Board” means the Kenya Anti-Corruption Advisory Board established under Part III;

“Assistant Director” means an Assistant Director of the Commission;

“benefit” means any gift, loan, fee, reward, appointment, service, favour, forbearance, promise or other consideration or advantage;

“Commission” means the Kenya Anti-Corruption Commission established under Part III;

“corruption” means —

(a) an offence under any of the provisions of sections 39 to 44, 46 and 47;

(b) bribery;

(c) fraud;

(d) embezzlement or misappropriation of public funds;

(e) abuse of office;

(f) breach of trust; or

(g) an offence involving dishonesty —

(i) in connection with any tax, rate or impost levied under any Act; or

(ii) under any written law relating to the elections of persons to public office;

“Director” means the Director of the Commission;

“economic crime” means —

(a) an offence under section 45; or

(b) an offence involving dishonesty under any written law providing for the maintenance or protection of the public revenue;

“investigator” means a person authorized by the Director under section 23 to conduct an investigation on behalf of the Commission;

“Minister” means the Minister responsible for integrity issues;

“private body” means any person or organisation not being a public body and includes a voluntary organisation, charitable organisation, company, partnership, club and any other body or organisation howsoever constituted;

“public body” means —

(a) the Government, including Cabinet, or any department, service or undertaking of the Government;

(b) the National Assembly or the Parliamentary Service;

(c) a local authority;

(d) any corporation, council, board, committee or other body which has power to act under and for the purposes of any written law relating to local government, public health or undertakings of public utility or otherwise to administer funds belonging to or granted by the Government or money raised by rates, taxes or charges in pursuance of any such law; or

(e) a corporation, the whole or a controlling majority of the shares of which are owned by a person or entity that is a public body by virtue of any of the preceding paragraphs of this definition;

“public officer” means an officer, employee or member of a public body, including one that is unpaid, part-time or temporary;

“unexplained assets” means assets of a person—

(a) acquired at or around the time the person was allegedly guilty of corruption or economic crime; and

(b) whose value is disproportionate to his known sources of income at or around that time and for which there is no satisfactory explanation.

(2) For the purposes of this Act, a person shall be deemed to be in possession of any record, property, information or other thing if the possession of it is under his control.

Part II – Appointment of Special Magistrates

Power to appoint special judges.

3.(1) The Judicial Service Commission may, by notification in the Kenya Gazette, appoint as many special Magistrates as may be necessary for such area or areas or for such case or group of cases as may be specified in the notification to try the following offences, namely —

(a) any offence punishable under this Act; and

(b) any conspiracy to commit or any attempt to commit or any abetment of any of the offences specified in paragraph (a).

(2) A person shall not be qualified for appointment as a special Magistrate under this Act unless he is or has been a chief magistrate or a principal magistrate or an advocate of at least ten years standing.

4.(1) Notwithstanding anything contained in the Criminal Procedure Code, or in any other law for the time being in force, the offences specified in this Act shall be tried by special Magistrates only.

(2) Every offence specified in this Act shall be tried by the special Magistrate for the area within which it was committed, or, as the case may be, by the special Magistrate appointed for the case, or where there are more special Magistrates than one for such area, by one of them as may be specified in this behalf by the Judicial Service Commission.

(3) When trying any case, a special Magistrate may also try any offence, other than an offence specified in this Act, with which the accused may, under the Criminal Procedure Code, be charged at the same trial.

(4) Notwithstanding anything contained in the Criminal Procedure Code, a special Magistrate shall, as far as practicable, hold the trial of an offence on a day-to-day basis until completion. Procedure and powers of special Magistrates.

5.(1) A special Magistrate may, with a view to obtaining the evidence of any person supposed to have been directly or indirectly concerned in, or privy to, an offence, tender a pardon to such person on condition of his making a full and true disclosure of the whole circumstance within his knowledge relating to the offence and to every other person concerned, whether as principal or abettor, in the commission thereof and any pardon so tendered shall be a pardon for purposes of section 77(6) of the Constitution.

(2) The provisions of the Criminal Procedure Code and the Magistrates’ Courts Act shall, so far as they are not inconsistent with this Act, apply to the proceedings before a special Magistrate; and for the purposes of the said provisions, the Court of the special Magistrate shall be deemed to be a Court and the person conducting a prosecution before a special Magistrate shall be deemed to be a public prosecutor.

(3) A special Magistrate may pass upon any person convicted by him any sentence authorized by law for the punishment of the offence of which such person is convicted.

Part III – Kenya Anti-Corruption Commission and Advisory Board

A – Kenya Anti-Corruption Commission

Establishment of Commission.

6.(1) The Kenya Anti-Corruption Commission is hereby established as a body corporate.

(2) The Commission shall have all the powers necessary or expedient for the performance of its functions.

(3) Without limiting the generality of subsection (2), the Commission shall have perpetual succession and a common seal and shall be capable of —

(a) suing and being sued in its corporate name; and

(b) holding and alienating moveable and immovable property.

Functions of Commission.

7.(1) The Commission shall have the following functions —

(a)to investigate any matter that, in the Commission’s opinion, raises suspicion that any of the following have occurred or are about to occur —

(i)conduct constituting corruption or economic crime;

(ii)conduct liable to allow, encourage or cause conduct constituting corruption or economic crime;

(b)to investigate the conduct of any person that, in the opinion of the Commission, is conducive to corruption or economic crime;

(c)to assist any law enforcement agency of Kenya in the investigation of corruption or economic crime;

(d)at the request of any person, to advise and assist the person on ways in which the person may eliminate corrupt practices;

(e)to examine the practices and procedures of public bodies in order to facilitate the discovery of corrupt practices and to secure the revision of methods of work or procedures that, in the opinion of the Commission, may be conducive to corrupt practices;

(f)to advise heads of public bodies of changes in practices or procedures compatible with the effective discharge of the duties of such bodies that the Commission thinks necessary to reduce the likelihood of the occurrence of corrupt practices;

(g)to educate the public on the dangers of corruption and economic crime and to enlist and foster public support in combating corruption and economic crime;

(h)to investigate the extent of liability for the loss of or damage to any public property and —

(i)to institute civil proceedings against any person for the recovery of such property or for compensation; and

(ii)to recover such property or enforce an order for compensation even if the property is outside Kenya or the assets that could be used to satisfy the order are outside Kenya; and

(i)to carry out any other functions conferred on the Commission by or under this Act or any other law.

(2) A matter may be investigated by the Commission under subsection (1) at the request of the National Assembly, the Minister or the Attorney-General, or on receipt of a complaint, or on its own initiative.

(3) The Commission may refer any offence that comes to its notice in the course of an investigation under subsection (1) to any other appropriate person or body.

Director and staff of the Commission.

8. (1) The Commission shall have a Director who shall be the chief executive officer of the Commission and who shall be responsible for its direction and management.

(2) The Commission shall have up to four Assistant Directors to assist the Director.

(3) The Director and Assistant Directors shall be persons recommended by the Advisory Board and approved by the National Assembly for appointment to their respective positions.

(4) On the approval of a person by the National Assembly under subsection (3), the President shall appoint the person concerned to the office in respect of which the approval was given.

(5) The terms and conditions of service of the Director and the Assistant Directors shall be determined by the Advisory Board.

(6) The Commission may, upon such terms and conditions of service as the Commission may determine, employ such staff or hire the services of such consultants, experts or independent investigators as may be necessary for the proper performance of its functions.

(7) The First Schedule shall have effect in respect of the staff of the Commission.

Deputy Director.

9.(1) The Director shall appoint one of the Assistant Directors as Deputy Director.

(2) The Director may at any time revoke an appointment under this section and appoint another Assistant Director as Deputy Director.

(3) During the illness or absence of the Director or a vacancy in the office of the Director, the Deputy Director shall have and may exercise and perform the powers and functions of the Director and shall be deemed to be the Director.

Independence of Commission and Director.

10. In the performance of their functions, the Commission and the Director shall not be subject to the direction or control of any other person or authority, and shall be accountable only to Parliament.

11. The State Corporations Act shall not apply to the Commission.

Co-operation with other bodies.

12.(1) The Commission may in the performance of its functions work in co-operation with any other persons or bodies it may think appropriate, and it shall be the duty of any such person or body to afford the Commission every co-operation.

(2) Without limiting the generality of subsection (1), such persons or bodies include the Controller and Auditor-General and the Director of the Criminal Investigation Department.

(3) The Commission may in the performance of its functions work in co-operation with any foreign government or international or regional organization.

Financial arrangements.

13.(1) The financial year of the Commission shall be the period of twelve months ending on 30th June in each year.

(2) At least three months before the commencement of each financial year, the Director shall cause estimates of the revenue and expenditure of the Commission for that year to be prepared and submitted to the Minister and the Treasury for approval.

(3) The estimates shall make provision for all the estimated expenditures of the Commission for the financial year and, in particular, shall provide for expenditures for —

(a) the payment of salaries, allowances and other charges in respect of the staff of the Commission;

(b) the payment of pensions, gratuities and other charges in respect of former staff of the Commission;

(c) the proper maintenance of buildings and grounds of the Commission;

(d) the maintenance, repair and replacement of the equipment and other property of the Commission; and

(e) the payment of allowances and expenses of the Advisory Board.

(4) The Commission shall make provision for the renewal of depreciating assets and the payment of pensions and other retirement benefits by the establishment of sinking funds and for contributions to such reserve and stabilization funds as may be required.

(5) The expenditures of the Commission shall be charged on and issued out of the Consolidated Fund without further appropriation other than this Act.

(6) Without prejudice to subsection (5), there may be made to and accepted by the Commission such grants, gifts, donations or bequests as the Advisory Board may approve:

Provided that no grant, gift, donation or bequest shall be approved if it is made on any condition that the Commission perform any function or discharge any duty or obligation other than a function, duty or obligation aimed at achieving its objects.

Accounts and audit.

14. (1) The Commission shall cause to be kept proper books and records of account of its income, expenditure, assets and liabilities.

(2) The annual accounts of the Commission shall be prepared, audited and reported upon in accordance with the Exchequer and Audit Act.

Annual report.

15.(1) The Director shall cause an annual report to be prepared for each financial year.

(2) The Director shall submit the annual report to the Advisory Board and the Minister within four months after the end of the year to which it relates.

(3) The annual report shall contain, in respect of the year to which it relates —

(a) the financial statements of the Commission; and

(b) a description of the activities of the Commission.

(4) Without limiting what may be included in the annual report, the annual report shall include —

(a) the information set out in the quarterly reports under section 36 for the year to which the annual report relates;

(b) a summary of the steps taken, during the year, in each civil proceeding instituted by the Commission and the status, at the end of the year, of each such civil proceeding; and

(c) such other statistical information as the Commission considers appropriate relating to complaints to the Commission, investigations by the Commission and reports by the Commission on the results of investigations.

(5) The Minister shall, within thirty days after receiving the annual report, transmit it to the National Assembly.

(6) The Commission shall cause the annual report to be published in the Gazette and in such other manner as the Commission may determine.

B – Kenya Anti-Corruption Advisory Board

Establishment of Advisory Board.

16. (1) The Kenya Anti-Corruption Advisory Board is hereby established.

(2) The Advisory Board shall be an unincorporated body consisting of —

(a) one member nominated by each of the following —

(i) the Law Society of Kenya;

(ii) the Institute of Certified Public Accountants of Kenya;

(iii) the International Federation of Women Lawyers (FIDA) Kenya Chapter;

(iv) the Kenya Association of Manufacturers;

(v) the joint forum of religious organizations described in subsection (3);

(vi) the Federation of Kenya Employers;

(vii) the Kenya Bankers Association;

(viii)the Central Organisation of Trade Unions;

(ix) the Association of Professional Societies in East Africa;

(x) the Architectural Association of Kenya;

(xi) the Institution of Engineers of Kenya; and

(xii) the Kenya Medical Association; and

(b) the Director.

(3) The joint forum of religious organizations referred to in subsection (2)(a)(v) shall consist of representatives of —

(a) the Supreme Council of Kenya Muslims;

(b) the Kenya Episcopal Conference;

(c) the National Council of Churches of Kenya;

(d) the Evangelical Fellowship of Kenya; and

(e) the Hindu Council of Kenya.

(4) The Second Schedule shall apply in respect of the Advisory Board and its members.

Functions of Advisory Board.

17.(1) The principal function of the Advisory Board is to advise the Commission generally on the exercise of its powers and the performance of its functions under this Act.

(2) The Advisory Board shall have such other functions as may be conferred on it by or under this Act.

Independence of Advisory Board.

18. In the performance of its functions, the Advisory Board shall not be subject to the direction or control of any other person or authority and shall be accountable only to Parliament.

Committees of the Board.

19.(1) For the better performance of its functions, the Advisory Board may establish committees in respect of the investigative, preventive and educational functions of the Commission or in respect of any other matter.

(2) The Advisory Board may delegate any of its powers and functions to any such committee, subject to subsection (3).

(3) The Advisory Board may not delegate the power or function to do any of the following —

(a) recommend a person to be appointed as Director or Assistant Director;

(b) appoint a person to be an acting Assistant Director or revoke such an appointment;

(c) recommend the termination of a person’s appointment as the Director or an Assistant Director;

(d) request the appointment of a Tribunal under paragraph 5(4) of the First Schedule.

Chairman and Vice-chairman.

20.(1) The Advisory Board shall nominate one of its nominated members to be the Chairman of the Advisory Board and another of its nominated members to be its Vice-chairman.

(2) The members so nominated shall be appointed to their respective offices by the President.

(3) Subject to an earlier resignation or termination, the Chairman and Vice-chairman shall each hold office until his current term as a member of the Advisory Board expires.

Secretary.

21. The Director shall be the secretary of the Advisory Board.

Procedures of the Advisory Board.

22.(1) The business and affairs of the Advisory Board shall be conducted in accordance with the Third Schedule

(2) Except as provided in the Third Schedule, the Advisory Board may regulate its own procedure.

(3) Seven nominated members of the Advisory Board shall constitute a quorum for the transaction of any business of the Board.

(4) The Advisory Board may invite any person to attend any of its meetings and to participate in its deliberations, but such an invitee shall not have a vote in any decision of the Board.

Part IV – Investigations

Investigators.

23.(1) The Director or a person authorized by the Director may conduct an investigation on behalf of the Commission.

(2) Except as otherwise provided by this Part, the powers conferred on the Commission by this Part may be exercised, for the purposes of an investigation, by the Director or an investigator.

(3) For the purposes of an investigation, the Director and an investigator shall have the powers, privileges and immunities of a police officer in addition to any other powers the Director or investigator has under this Part.

Identification for investigators.

24.(1) The Commission shall issue identification documentation to an investigator and such identification shall be evidence that the person to whom it is issued is an investigator.

(2) The identification documentation issued by the Commission shall be signed by the Director.

Complaint not investigated.

25. If the Commission receives a complaint concerning corrupt conduct on the part of any person and the Commission declines to investigate or discontinues its investigation before the investigation is concluded, the Commission shall inform the complainant in writing of its decision and of the reasons for its decision.

Statement of suspect’s property.

26.(1) The Commission may by notice in writing require a person reasonably suspected of corruption or economic crime to furnish, within a reasonable time specified in the notice, a written statement —

(a) enumerating the suspected person’s property and the times at which it was acquired; and

(b) stating, in relation to any property that was acquired at or about the time of the suspected corruption or economic crime, whether the property was acquired by purchase, gift, inheritance or in some other manner, and what consideration, if any, was given for the property.

(2) A person who neglects or fails to comply with a requirement under this section is guilty of an offence and is liable on conviction to a fine not exceeding three hundred thousand shillings or to imprisonment for a term not exceeding three years or to both.

(3) The powers of the Commission under this section may be exercised only by the Director.

Requirement to provide information, etc.

27.(1) The Commission may by notice in writing require an associate of a suspected person to provide, within a reasonable time specified in the notice, a written statement of the associate’s property at the time specified in the notice.

(2) In subsection (1), “associate of a suspected person” means a person, whether or not suspected of corruption or economic crime, who the investigator reasonably believes may have had dealings with a person suspected of corruption or economic crime.

(3) The Commission may by notice in writing require any person to provide, within a reasonable time specified in the notice, any information or documents in the person’s possession that relate to a person suspected of corruption or economic crime.

(4) A person who neglects or fails to comply with a requirement under this section is guilty of an offence and is liable on conviction to a fine not exceeding three hundred thousand shillings or to imprisonment for a term not exceeding three years or to both.

(5) No requirement under this section requires anything to be disclosed that is protected by the privilege of advocates including anything protected by section 134 or 137 of the Evidence Act.

Production of records and property.

28.(1) The Commission may by notice in writing —

(a) require a person, whether or not suspected of corruption or economic crime, to produce specified records in his possession that may be required for an investigation; and

(b) require that person or any other to provide explanations or information within his knowledge with respect to such records, whether the records were produced by the person or not.

(2) A requirement under subsection (1)(b) may include a requirement to attend personally to provide explanations and information.

(3) A requirement under subsection (1) may require a person to produce records or provide explanations and information on an ongoing basis over a period of time, not exceeding six months.

(4) The six month limitation in subsection (3) does not prevent the Commission from making further requirements for further periods of time as long as the period of time in respect of which each requirement is made does not exceed six months.

(5) Without affecting the operation of section 30, the Commission may make copies of or take extracts from any record produced pursuant to a requirement under this section.

(6) A requirement under this section to produce a record stored in electronic form is a requirement —

(a) to reduce the record to hard copy and produce it; and

(b) if specifically required, to produce a copy of the record in electronic form.

(7) In this section, “records” includes books, returns, bank accounts or other accounts, reports, legal or business documents and correspondence other than correspondence of a strictly personal nature.

(8) The Commission may by notice in writing require a person to produce for inspection, within a reasonable time specified in the notice, any property in the person’s possession, being property of a person reasonably suspected of corruption or economic crime.

(9) A person who neglects or fails to comply with a requirement under this section is guilty of an offence and is liable on conviction to a fine not exceeding three hundred thousand shillings or to imprisonment for a term not exceeding three years or to both.

(10) No requirement under this section requires anything to be disclosed that is protected by the privilege of advocates including anything protected by section 134 or 137 of the Evidence Act.

Search of premises.

29.(1) The Commission may, with a warrant, enter upon and search any premises for any record, property or other thing reasonably suspected to be in or on the premises and that has not been produced by a person pursuant to a requirement under the foregoing provisions of this Part.

(2) The power conferred by this section is in addition to, and does not limit or restrict, a power conferred by section 23(3) or by any other provision of this Part.

Admissibility of things produced or found.

30. Anything provided by a person pursuant to a requirement under the foregoing provisions of this Part, or obtained on a search of premises, may be taken and retained by the Commission for such time as is reasonable for the purposes of the investigation concerned and is admissible in evidence in a prosecution of any person, including the person who produced it or from whom it was obtained, for an offence.

Surrender of travel documents.

31.(1) On the ex parte application of the Commission, a court may issue an order requiring a person to surrender his travel documents to the Commission if —

(a) the person is reasonably suspected of corruption or economic crime; and

(b) the corruption or economic crime concerned is being investigated.

(2) If a person surrenders his travel documents pursuant to an order under subsection (1), the Commission —

(a) shall return the documents after the investigation of the corruption or economic crime concerned is completed, if no criminal proceedings are to be instituted; and

(b) may return the documents, at its discretion, either with or without conditions to ensure the appearance of the person.

(3) A person against whom an order under subsection (1) is made may apply to the court to discharge or vary the order or to order the return of his travel documents and the court may, after hearing the parties, discharge or vary the order, order the return of the travel documents, or dismiss the application.

(4) If a person fails to surrender his travel documents pursuant to an order under subsection (1), the person may be arrested and brought before the court and the court shall, unless the court is satisfied that the person does not have any travel documents, order that the person be detained pending the conclusion of the investigation of the corruption or economic crime concerned.

(5) A person who is detained pursuant to an order under subsection (4) shall be released if —

(a) he surrenders his travel documents to the Commission;

(b) he satisfies the court that he does not have any travel documents; or

(c) the investigation of the corruption or economic crime concerned is completed and the court is satisfied that no criminal proceedings are to be instituted.

(6) A person who is detained pursuant to an order under subsection (4) shall be brought before the court at least every eight days or at such shorter intervals as the court may order, to determine if the person should be released under subsection (5).

Arrest of persons.

32. Without prejudice to the generality of section 23(3), the Director and an investigator shall have power to arrest any person for and charge them with an offence, and to detain them for the purpose of an investigation, to the like extent as a police officer.

Disclosure that may affect investigation.

33.(1) No person shall, except with leave of the Director or with other lawful excuse, disclose the details of an investigation under this Act, including the identity of anyone being investigated.

(2) A person who contravenes this section is guilty of an offence and is liable on conviction to a fine not exceeding three hundred thousand shillings or to imprisonment for a term not exceeding three years or to both.

Impersonating investigator.

34.(1) No person other than an investigator shall represent himself to be or act as an investigator.

(2) A person who contravenes this section is guilty of an offence and is liable on conviction to a fine not exceeding three hundred thousand shillings or to imprisonment for a term not exceeding three years or to both.

Investigation report.

35.(1) Following an investigation the Commission shall report to the Attorney-General on the results of the investigation.

(2) The Commission’s report shall include any recommendation the Commission may have that a person be prosecuted for corruption or economic crime.

Quarterly reports.

36.(1) The Commission shall prepare quarterly reports setting out the number of reports made to the Attorney-General under section 35 and such other statistical information relating to those reports as the Commission considers appropriate.

(2) A quarterly report shall indicate if a recommendation of the Commission to prosecute a person for corruption or economic crime was not accepted.

(3) The Commission shall give a copy of each quarterly report to the Attorney-General.

(4) The Attorney-General shall lay a copy of each quarterly report before the National Assembly.

(5) The Commission shall cause each quarterly report to be published in the Gazette.

Annual report on prosecutions.

37.(1) The Attorney General shall prepare an annual report with respect to prosecutions for corruption or economic crime.

(2) The year covered by an annual report shall be the year ending on December 31st.

(3) The annual report for a year shall include a summary of the steps taken, during the year, in each prosecution and the status, at the end of the year, of each prosecution.

(4) The annual report shall also indicate if a recommendation of the Commission to prosecute a person for corruption or economic crime was not accepted and shall set out succinctly the reasons for not accepting the recommendation.

(5) The annual report for a year need not include the status of a prosecution that has been finally concluded in a previous year if that status was included in a previous annual report.

(6) The Attorney-General shall lay each annual report before the National Assembly within the first ten sitting days of the National Assembly following the end of the year to which the report relates.

(7) The first annual report following the coming into operation of this section shall cover the period from the coming into operation of this section to the following December 31st.

Part V – Offences

Meaning of “agent” and “principal”.

38. (1) In this Part —

“agent” means a person who, in any capacity, and whether in the public or private sector, is employed by or acts fo

Police Background Check Procedures

What must the applicant supply?

Application form with biographical details (available online)
• Covering letter to CID Headquarters, Nairobi (Address: CID Headquarters, Kiambu Road, Muthaiga, Nairobi, Kenya)
• Fingerprints and palm prints recorded on a prescribed form recorded at the applicant ́s nearest police station bearing an official stamp. (Form C.24 can be downloaded from the website if forms not available at the police station).
• Clear photocopy of the Kenyan 2nd generation identity card (if over 18 yrs.) or a certified copy of the birth certificate (if below 18 yrs.) (PLEASE
NOTE: DIGITAL SCANNED COPIES NOT ACCEPTED)
• A certified copy of passport information (if non-Kenyan), with documentary proof of residence in Kenya for a minimum of three months.

What are the costs / turnaround times?

• A fee of £10 in postal order payable to „Kenya High Commission‟. Cash payment is acceptable only if paid in person
• Processing of certificates takes six to eight weeks

Contact Details

The Kenya High Commission
45 Portland Place
London W1B 1AS
Tel: 020 7636 2371
Fax: 020 7323 6717
Email: info@kenyahighcom.org.uk
Certificate of Good Conduct:
http://kenyahighcom.org.uk/other-services/

Risk

Sovereign risk

The sovereign’s payment capacity is not currently in doubt. The IMF stand-by facility of US$688m will provide a fiscal cushion in case of adverse shocks, and foreign reserves are fairly healthy after a debut sovereign bond in 2014. Fiscal policy remains loose but will gradually become tighter, helped by revenue growth. Kenya’s public external debt is forecast to remain comparatively modest, at 32.3% of GDP, in 2015.

Banking sector risk

Prospects for banking remain sound, driven by robust demand for credit, regional expansion and a relatively stable interest-rate regime. Within this context, smaller banks may merge to compete more effectively with the market leaders.

Political risk

As underscored by the early April attack on a college in Garissa, security risks associated with terrorismand compounded by long-term ethnic rivalries, often about land, and the failure to deal with the radicalisation of local youthswill persist over the forecast period.

Economic structure risk

A lack of significant progress on key economic reforms and poor institutional capacity to absorb large capital inflows are significant constraints on growth.

Travel Risk

Security

The decision to travel is your responsibility. You are also responsible for your personal safety abroad. The Government of Canada takes the safety and security of Canadians abroad very seriously and provides credible and timely information in its Travel Advice. In the event of a crisis situation that requires evacuation, the Government of Canada’s policy is to provide safe transportation to the closest safe location. The Government of Canada will assist you in leaving a country or a region as a last resort, when all means of commercial or personal transportation have been exhausted. This service is provided on a cost-recovery basis. Onward travel is at your personal expense. Situations vary from one location to another, and there may be constraints on government resources that will limit the ability of the Government of Canada to provide assistance, particularly in countries or regions where the potential for violent conflict or political instability is high.

Areas bordering Somalia (see Advisory)

Although Kenya’s border with Somalia is closed, it is porous and Somali militias and bandit groups have carried out cross-border attacks against foreigners and humanitarian workers in this region. Some of these incidents involved the use of improvised explosive devices (IEDs) and have resulted in injuries and deaths, including at the Dadaab Refugee Camp, 80 km from the Somali border. The risk of such attacks in the region remains high. Disputes between Somali clans also make the region unstable and dangerous. Kenyan efforts to restrict Somali incursions and gun-running have curtailed travel to the northern areas near the Somali border.

On April 2, 2015, an attack against Garissa University College killed at least 140 people and injured many more. A dusk-to-dawn curfew is in effect in Garissa, Wajir, Mandera and Tana River Counties.

Beachfront accommodations and boats off the coast are particularly vulnerable to attacks. Since June 2014, groups of gunmen have attacked several areas along the coast of Lamu county. On July 11, 2014, more than 40 people died and buildings were burned during a raid in the village of Pandanguo. On June 15, 2014, gunmen attacked the town of Mpeketoni, including two hotels, killing at least 48 people.

A 6:30 p.m. to 6:30 a.m. curfew is in effect for mainland areas of Lamu County.

Eastleigh neighbourhood of Nairobi (see Advisory)

There are heightened tensions in Nairobi’s Eastleigh neighbourhood, where a series of explosions has occurred since late November 2012. Several people have been killed, and many more have been injured.

Mombasa (see Advisory)

There have been occasional reports of violent demonstrations and rioting in Mombasa, most recently following the killing of a prominent Mombasa cleric on April 1, 2014.

In July 2014, two foreigners were killed near Fort Jesus in Mombasa.

There have been a number of attacks, possibly linked to terrorist groups, in Mombasa since 2013. On May 3, 2014, at least four people were killed when an explosive device was thrown at a bus, while another device exploded near a public beach bar without causing casualties. On March 22, 2014, many people were killed in an attack on a church in the Likoni area of Mombasa. On March 17, 2014, police in Mombasa found large quantities of weapons and explosives in a car. Kenyan authorities seem to believe that there are more similar explosive devices in the wider region. There were reports, on December 12, 2013, of an attempted grenade attack targeting the vehicle of two tourists in Likoni. On January 2, 2014, several people were injured in a grenade attack at a nightclub in Diani, near Mombasa. Further attacks cannot be ruled out. Remain vigilant at all times, avoid large gatherings, monitor local media and follow the advice of local authorities.

Northern Kenya

Some areas located north of the Kitale“Samburu“Garissa line in northern Kenya are considered unsafe. The ongoing threat posed by terrorism is joined by various regional, tribal or clan-based conflicts involving land, cattle and water. Use armed escorts when travelling to or from this region. Armed escorts are available from local police stations and it is advisable to contact them before undertaking any journey. Avoid venturing away from tourist areas and refrain from travelling after dark.

Western Kenya

Tribal conflicts have occurred in the Mount Elgon area of western Kenya. If you decide to travel to that region, remain vigilant at all times and monitor local media.

Terrorism

There is a high threat from terrorism throughout Kenya, including in Nairobi and Mombasa. We continue to receive information indicating that terrorists may be planning attacks against a range of targets in Kenya, including in Nairobi and Mombasa.

On March 26, 2015, the Australian government indicated that: ” Current information suggests that terrorists may be planning attacks against crowded locations in Nairobi in the near future.”

Regional terrorist groups, including al Qaeda and al-Shabaab, continue to threaten Western interests and other potential targets in Kenya. In recent years, terrorist attacks have occurred in busy public venues, including in places of worship. Since the latter half of 2013, al-Shabaab has demonstrated both the intent and capability to conduct terrorist attacks in the region with increasing frequency and sophistication. Terrorist attacks could occur at any time and could target areas frequented by expatriates and foreign travellers, such as Western embassies, United Nations’ premises, restaurants, bars, coffee shops, shopping centres, markets, hotels, tourist resorts, safari lodges, international schools, places of worship and airports and other transportation hubs. They could also target areas where government offices are concentrated, such as Nairobi Central Business District. Attacks could take the form of suicide operations, grenade attacks, roadside or vehicle-borne IEDs and attacks on civil aviation or on maritime vessels near Kenyan ports. Avoid all nightclubs, avoid visiting businesses during peak hours and steer clear of large crowds. Be extremely vigilant when driving on high-volume traffic roads and at intersections near areas frequented by expatriates, especially at peak times.

Two explosions occurred in Nairobi on May 16, 2014, one targeting a matatu (minibus) near the downtown core and a second at Gikomba Market; casualties were reported. On May 4, 2014, near-simultaneous explosions occurred on buses travelling on the outskirts of Nairobi; at least three people were killed and dozens were injured. An explosion was reported at the Jomo Kenyatta International Airport (JKIA) in Nairobi on January 17, 2014. Be particularly vigilant at all airports.

Be particularly vigilant during religious holidays and other public celebrations, as militants have used such occasions to mount attacks.

You should be very cautious if attending sporting events, such as football matches. Avoid public venues such as sports bars, night clubs and restaurants that broadcast these games, as well as public transportation, such as taxis, to and from the events. Be extremely vigilant in crowded places and monitor local media.

Crime

There is a high crime rate in most regions of Kenya, particularly in major cities such as Nairobi, Mombasa and Kisumu, and at coastal beach resorts. There has been a sharp increase in crime in Nairobi since March 2014, with carjackings, home invasions and kidnappings occurring even in neighbourhoods normally deemed safe and during daylight hours.

Exercise extreme caution in the Kibera, Kasarani, Mathare and Eastleigh neighbourhoods of Nairobi.

Petty crimes, such as purse-snatchings and robberies, occur frequently in other major towns (Mombasa, Kisumu, Nakuru) and coastal beach resorts. Criminals and swindlers have been known to impersonate hotel employees, police officers or government officials. When you leave your hotel room, ensure that the door is locked and the œdo not disturb sign is displayed. Store your personal belongings in safekeeping facilities. You should absolutely avoid walking or travelling after dark, and exercise caution while walking during daylight hours. Avoid showing signs of affluence or carrying large sums of money. Be aware that cases of œmob justice are regularly reported, in which crowds lynch suspected criminals prior to the arrival of police.

Airports

Tourists have recently been the target of carjackings, robberies and kidnappings while travelling to or from the International airports in Nairobi and Mombasa. When arriving at these airports, you should only use transportation organized by reputable tour companies or well-marked taxis. Be particularly vigilant if you are commuting alone.

Airport authorities at the Jomo Kenyatta International airport (JKIA) recommend that travellers arrive at least three hours before their flight. Cases of passport theft have been reported in the departure area of JKIA. Currency should not be exchanged in the public areas of the airport. Checked luggage may be pilfered at the airport. Store valuables in locked hand-luggage. Be particularly vigilant at all airports.

Demonstrations

Demonstrations occur and have the potential to suddenly turn violent. Avoid all demonstrations and public gatherings, follow the advice of local authorities and monitor local media.

Women’s safety

Women travelling on their own should remain particularly vigilant, as attacks involving sexual assaults, including against foreigners, are regularly reported, even though Nairobi has an anti-rape awareness campaign. See Her Own Way: A Woman’s Safe-Travel Guide for travel safety information for Canadian women.

Non-governmental organizations

Foreigners volunteering with local non-governmental organizations (NGOs) have reported incidents of fraud, threats and mistreatment by local personnel. Volunteers have been left stranded when the illegitimate NGOs they were working for closed.

If you are contemplating volunteer work with NGOs in Kenya, you should contact the National Council of NGOs, before making any commitment and before departing Canada, to confirm that the organization you wish to work with is legitimate. All NGOs in Kenya are required by law to be registered with the National Council of NGOs, a self-regulating, non-partisan body.

See Entry/Exit Requirements for information on work permits required to work for an NGO or to volunteer.

Road travel

Traffic drives on the left. Excessive speeds, unpredictable driving habits and frequent drunk driving (especially at night), lack of adequate street lighting and poorly maintained vehicles pose hazards. Furthermore, road conditions are poor. During the rainy season, some unpaved roads are impassable, even with four-wheel drive vehicles. You should drive defensively, and keep the doors locked and windows closed at all times. The road from Nairobi to Mombasa is congested and can be dangerous for tourists unfamiliar with local driving conditions. You should consider air travel. Use authorized border crossings when travelling by vehicle between Kenya and Tanzania.

Public transportation

Public transportation is unsafe. Long-distance buses have been involved in a number of serious accidents. Matatus are generally poorly maintained, recklessly driven and are often without adequate insurance coverage. Incidents of matatus being hijacked or passengers being robbed have been reported. Use only hotel taxis, and confirm the fare in advance. Passenger trains are not safe and are routinely late.

See Transportation Safety in order to verify if national airlines meet safety standards.

National parks, safaris and reserves

Most visits to national parks, game reserves and other popular tourist destinations in Kenya remain incident free. However, foreign tourists, including Canadians, have been victims of crime, sometimes involving violence. Remain aware of your surroundings at all times. Avoid camping alone or without expert local assistance.

Tourist facilities are widely available in Nairobi, on the coast, in game parks and in wildlife reserves, but are non-existent in the regions bordering South Sudan, Somalia and Ethiopia.

Visitors travelling overland to certain game parks and reserves have been attacked by armed bandits. The route from Malindi to Lamu can also be dangerous. There have been rare reports of attacks or robberies of travellers on the roads between Nairobi and the Masai Mara, Amboseli, Nakuru and Tsavo game parks/reserves and the Mount Kenya/Aberdares area. However, there have been periodic hijackings, robberies and attempted robberies on the main road between Nairobi and the Tanzanian border, the road that also serves as the route to Kenya’s Amboseli National Park.

There are inherent risks associated with viewing wildlife, particularly on foot or at close range. Always maintain a safe distance when observing wildlife and avoid exiting vehicles unless it is deemed safe to do by professional guides and wardens. Use only reputable and professional guides or tour operators and closely follow park regulations and wardens’ advice.

The Kenya Tourism Federation operates the Safety and Communication Centre, which provides the latest information on tourism and road conditions, and assistance in an emergency. You can obtain information by calling the centre in Nairobi at +254 (0) 20-6004-767 or emailing to safetour@wananchi.com.

Piracy

Pirate attacks occur in coastal waters and, in some cases, farther out at sea. Mariners should take appropriate precautions. For additional information, consult the Live Piracy Report published by the International Maritime Bureau.

Fraud

Cases of attempted fraud are frequently reported in this country. See Overseas Fraud for more information.

General security information

Local authorities are increasingly checking identification papers. Carry your passport with you at all times, and cooperate with authorities should you be questioned.

Maintain a high level of personal security awareness at all times and in all places. Take appropriate security measures, particularly on roads linking a city centre to residential areas, and refrain from travelling at night. Victims of attacks are advised not to offer resistance. Monitor local developments, register with the Registration of Canadians Abroad (ROCA) service and follow the messages issued through the service.

Annual Cases

Budget Autonomy No
Annual Budget of the Agency Varies from year to year, on average Kshs. 1.5 billion.
Per Capital Expenditure $(US) 1.59
Expeniture as % of the GDP 0.04%
Are employees protected by law from recrimination or other negative consequences when reporting corruption (i.e. whistle-blowing)? Yes
Does your country have freedom of information legislation? Yes
Does your country have conflict of interest legislation? Yes
Does your country have a financial disclosure system to help prevent conflicts of interest? Yes
Who appoints the head of your agency? President, with approval of Parliament.
Who has the authority to remove the head of the ACA? President, on the recommendation of a Tribunal
Is there any term limit for the head of the ACA? Yes , One term of six years non renewable
Does your agency measure performance? Yes
Number of investigations launched
Number of investigations completed
Other, please specify
Number of outreach activities delivered
Full access to Government Yes

Address Format

RECIPIENT

P.O. Box OFFICE_BOX_NUMBER
LOCALITY
POSTAL_CODE
KENYA

Sample

Paul Makeba
P.O. Box 3120
NAKURU
20100
KENYA

Summary

Calendar GMT Reference Actual Previous Consensus Forecast
2014-06-30 04:15 PM Q1 4.1% 4.1% (R) 3.85%
2015-04-29 12:00 PM 2014 5.3% 5.7%
2015-06-30 04:15 PM Q1 5.1% 5.04%

 

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