|
Introduction
As a public body established under the Anti-Corruption and
Economic Crimes Act, 2003 (the Act) the KACC is the main agency with a
statutory mandate to fight corruption in Kenya. Established on 2nd May
2003 the KACC is a body corporate, has perpetual succession, the capacity
to sue and be sued, and to acquire and dispose of property. KACC is based
at the Integrity Centre in the Capital City of Nairobi.
KACC Structure
The Director is the Chief Executive Officer, with four Functional
Assistant Directors and an Advisory Board which recommends Directorate
appointments and advises the Commission generally on its operations.
Officers appointed below Assistant Director level include
lawyers, accountants / auditors, valuers, police, economists, quantity
surveyors, educationists, etc - to meet operational needs.
The Advisory Board
As an unincorporated body established under section 16 of
the Act, the Board comprises twelve members drawn from civic, religious,
professional and business organizations and associations...vetted by Parliament
and appointed by the President. The Board also recommends to Parliament
for approval of appointment, the Director, Assistant Directors or acting
Assistant Directors. Once approved by Parliament, the President formally
appoints the Directorate officers and under the Act the Director also
becomes a member and secretary of the Board.
The Board also has power to recommend to
the Chief Justice the appointment of a Tribunal to investigate a case
for removal of a Director or Assistant Director, but its main function
is to advise the Commission generally on the exercise of its powers and
performance of its functions under the Act.
Mission - To combat corruption
and economic crime through law enforcement, prevention and public education.
Core Values - Integrity;
Professionalism; Fidelity to the law; Courage; and Excellence in service.
Functions
KACC is mandated under section 7 of the Act to :
-
Investigate corrupt conduct and activities;
-
Prevent the occurrence of corrupt practices;
-
Advise public institutions on how to
fight corruption;
-
Educate the public on the dangers of
corruption;
-
Enlist and foster public support in fighting
corruption and economic crime;
-
Institute civil cases in court for compensation
or recovery of public property, and for the forfeiture of illegally
acquired wealth.
Reports
KACC receives oral and written complaints from members of
the public and other institutions. It also extracts relevant cases of
corruption from media, audit and Parliamentary reports, and generally
from other investigative or administrative agencies. The Commission intends
to become more accessible to members of the public through :-
Establishment
of :-
-
Toll free phones to facilitate public
reports;
-
Regional offices at provincial level
and mobile report centres;
-
Liaison channels with other agencies
including police, revenue bodies, professional associations, etc to
facilitate reports; and
Development of :-
-
Outreach programmes to increase sensitization
amongst the public on the dangers of corruption and advise on reporting
procedures;
-
Interactive radio and television programmes
for public participation and discussion;
-
A website for the public to download
information and to facilitate online corruption reports.
Reports from the public have reached over 3,000 per year, and during August, September and October 2005 respectively, numbered 752, 747 and 608. Prima facie cases of corruption or economic crimes are investigated, while others are referred to relevant agencies, including the police.
Investigation and Prosecution
Under the Act KACC has power to investigate corruption and economic crime but may only recommend prosecution to the Attorney General. In the last three months, of 21 completed investigations, 15 were recommended for prosecution.
Under section 3 of the Act, the Judicial Service Commission is empowered to appoint special Magistrates to ensure speedy trials of corruption offences and economic crimes. As far as practicable, cases are tried on a day-to-day basis and prescribed sentences range from fines of one million shillings (US$ 14,000) or imprisonment for ten years, or both.
Under the Act, a Kenyan national may also be brought before Kenyan courts for corruption offences or economic crimes committed in a foreign country, if it would amount to similar crimes in Kenya.
Amongst 130 current cases pending court, two involve senior government officers who awarded a contract to a foreign "ghost" company.
Asset Recovery
KACC is mandated to investigate the extent to which any person has caused loss or damage to public property, to institute civil proceedings for recovery or compensation, including civil cases on behalf of public bodies. It can also seek forfeiture of the property of any public officer suspected to have been acquired through corrupt conduct. Three such cases are pending court proceedings.
Future Plans
KACC has embarked on a countrywide education programme for public servants on anti-corruption laws, causes and consequences of corruption, and the benefits of prevention...strategies for which include the identification of loopholes in organizational systems and the provision of advice. Other plans include input to the education curriculum to sensitize students on the dangers of corruption.
KACC continues to coordinate the Public Service Integrity Programme (PSIP) and the preparation and implementation of the National Anti-Corruption Plan (NACP). KACC has also established coalitions and partnerships with institutions with similar objectives. Other initiatives will include sensitizing the public on corruption through interactive radio / TV programmes, drama, song and dance.
KACC has also implemented an integral infrastructure for investigations, asset tracing and recovery.
Ms. Jesse Wachanga
Principal Attorney, Legal Research and Documentation
KACC
|
