Ideas & Debate

Kenyans have lost count of anti-graft laws, they are waiting for political will

eacc

The headquarters of the Ethics and Anti-Corruption Commission in Nairobi. PHOTO | FILE

The one silver lining in the fast growing circus on graft chorus between the Jubilee administration and the Opposition Cord is we’re at least agreed that we don’t need more laws, though we definitely need more political will. We also know that corruption is as pervasive in counties as it is at national level.

Let’s not even get into the untidy “your corruption vs our corruption” exchange we had this week.

More surprising from State House is the lack of reporting on progress in this good fight.

Today, let’s look at some of the promises we’ve heard from President Uhuru Kenyatta and his administration in the past couple of years, and think about where we are.

To begin, what happened to the 175 individuals identified in the ‘List of Shame’ he presented to Parliament in May 2015? Is it true that as many as 170 of these cases collapsed? Not a good start.

Moving forward quickly, remember US President Barack Obama’s July 2015 visit to Kenya? One of the outcomes of the visit was a Joint Commitment between the Kenyan and US governments to “Promote Good Governance and Anti-Corruption Efforts in Kenya”. This commitment was in four parts.

First, entrenching good governance and combating corruption, including holding an annual national dialogue on anti-corruption, launching new national civic awareness and providing compulsory ethics training for all public officials across government.

Included under this part was the rollout of leadership and integrity codes — in line with Chapter 6 of the Constitution — across public service.

Guess what? As of October 25, 2016, the Ethics and Anti-Corruption Commission (EACC) reports that only two State Officers have signed this code at national level — the Attorney-General and the Solicitor-General.

Only three out of 21 ministries have a gazetted code – Interior, Agriculture and the Attorney-General. At county level, four county executives, and 10 county assemblies have got their officers to sign up.

The second part of the Kenya-US joint commitment focused on the implementation of international anti-corruption commitments and standards.

By example, is Kenya now a member of the Partnership on Illicit Finance? Has Government published its second Open Government Partnership National Action Plan?

Technology was third. Think about a complaints and corruption reporting web portal that was to be available for citizen use by December 2015.

Or moving all in-bound government payments onto the Government Digital e-payments platform, and expanding use of the i-Tax and Single (Trade) window platforms.

Think further about the rollout of digital services under e-Government, and the digitisation of land, birth and death records by July 2016, and business registration records by August 2016.

Indeed, the technology commitment included the enhancement of the Integrated Financial Management Information System (Ifmis) towards full integration – including e-procurement, with augmented audit and security components.

Recent bad press suggests there is a way to go here.

The final part of this joint deal revolved around ensuring accountability for corruption and mismanagement. This part was commitment to professional investigations and prosecutions.

It was also about US government support to Kenya in investigating corruption associated with wildlife trafficking, drug smuggling, money laundering and other cross-border criminal activities.

Government in turn committed to strengthening the capacity of the Financial Reporting Centre and the Central Bank of Kenya to track illicit financial flows.

We will recall that corruption was declared a national security threat. In addition, the National Intelligence Service was directed to pursue information and intelligence on corruption.

The National Security Advisory Committee was asked to add corruption, particularly that impacting security, to its agenda, and advise the National Security Council. Religious leaders were urged to declare corruption a sin. It’s all in the speeches.

And there’s more. Is every supplier to government — at national and county level — now signing off on an approved Business Code of Ethics? Has private sector’s Mkenya-Daima campaign been expanded to target corruption?

Have penalties (against delayed supplier payments) been introduced in agency performance contracts? Have service-delivery government agencies identified “fast-track” services to be offered at higher cost?

What has happened to the Private Sector Anti-Bribery Bill presented to Parliament? Or the proposed vetting of the Kenya Revenue Authority and Immigration officials?

Let’s also remember the call on Kenyan to develop accessible technology platforms that allow citizens and customers to report bribe demands, inordinate service delays and corrupt practices in Government departments.

Were cost-saving travel wallet cards issued to all State Officers and CEOs of State corporations? What became of the idea to separate planners and budgeters from implementers and spenders to reduce vendor-driven planning and budgeting?

Is the Public Procurement Oversight Authority complying with the directive to publish its price reference lists, and quarterly, provide a compliance report to the Presidency?

At what legislative stage is the Parastatal Reform Bill, supposed to streamline government and curb theft and wastage? Hey, we just produced a list of 20 initiatives.

Let’s not even get into whistleblower protection or income and wealth declarations.

As International Anti-Corruption Day fast approaches (December 9), and with corruption now more or less reduced to a political circus, let’s heed the words of former US Secretary of State Henry Kissinger, thus “corrupt politicians make the other ten per cent look bad”. Food for thought.

Kabaara is a management consultant; [email protected].