Preparing the Collected Data for Analysis

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CHAPTER FIVE

STRATEGIES OF KENYA AND NIGERIA’S ANTI-CORRUPTION AGENCIES

5.1 INTRODUCTION

As discussed and concluded in the last chapter, there was a high incidence of corruption in Kenya and Nigeria during the period under focus. This led to the emergence of the various institutional and non-institutional anti-corruption strategies. Among the institutional strategies is the establishment of anti-corruption agencies in both countries.

The objective of this chapter is to therefore examines inter alia in detail various corruption strategies in Kenya and Nigeria with special focus on the institutional anti-corruption strategies as regards the Kenya Anti-Corruption Commission (KACC) and the Economic and Financial Crimes Commission (EFCC) of Nigeria respectively highlighting their achievements and challenges.

5.2 Institutional and Non-Institutional Anti-Corruption Strategies Of

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The adoption of corruption-specific legislation saw the creation of an independent anti-corruption agency and the strengthening of other existing mechanisms in the fight against graft. The establishment of KACC as the principal anti-corruption agency in May, 2003 marked a high point in a long, complex road of the anti-corruption crusade that began in 1997 with the creation of KACA. The agency commenced operations in 2005; a year after its Management was constituted.

The KACC as a body corporate empowered to investigate any matter that, in its opinion, raises suspicion that any conduct constituting or liable to allow or encourage corruption or economic crime is about to occur. It also assumes an advisory, educative and restitutionary function.

5.2.1.1.1

KACC Mandate

The mandate of the agency spelt out in section 7 of The Anti-Corruption and Economic Crimes Act¹

specifically as follows:

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) 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;

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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 the Act or any other law.

To effectively deliver its mandate, the Commission is organised into four directorates:

the Directorates of Investigation and Assets Tracing;² Legal Services and Asset Recovery; ³ Research, Education, Policy and Preventive Services;⁴ and the Directorate of Finance and Administration.⁵

5.2.1.1.2

KACC Anti-Corruption Strategies

The KACC overall strategy is mainly defined by the legislative mandate given to it by the ACECA. It is based upon a vision of attaining a society with a zero tolerance for corruption. The Kenya Anti-Corruption Commission realises that the attainment of this vision entails a clear, systematic, practical, sustained and a well-coordinated approach to combating corruption. The Commission also realises that no single individual or agency can eradicate corruption in Kenya. Combating corruption is therefore the responsibility of every Kenyan hence the need for encouraging societal and institutional synergy in the fight against corruption.

The agency uses a four-pronged strategy in the fight against corruption. These are:

investigation, prevention, asset recovery and mobilisation of public support (Public Education).

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This strategy is reflected in the mandate given to the agency by law to investigate corrupt conduct, trace and recover corruptly acquired public property, advise on corruption prevention mechanisms and educate the public on the dangers of corruption.

This mandate is carried out through three Directorates: The Directorate of Investigations and Asset Tracing; the Directorate of Legal Services and the Directorate of Preventive Services.

(a) Investigative and Asset Recovery Strategies

As part of the investigative strategy, there exists the Forensic Investigation Department is made up of two divisions, namely: Forensic Investigation Division and Asset Tracing Division. The department comprises a multi-disciplinary team of officers who are sufficiently qualified and experienced in their areas of specialisation.⁶ The Forensic Investigation Division is charged with the function of carrying out investigation of cases reported and approved for investigations by the agency.

The Asset Tracing Division is engaged in tracing of assets suspected to have been irregularly obtained or those that are related to any matter under investigation by the Commission or other agencies. It is also charged with reviewing and analysing Asset Declaration Forms submitted by public officers, in accordance with the requirements of the Public Officer Ethics Act No. 4 of 2003. It also analyses declarations made to KACC by suspects in the course of investigations.⁷

Lastly, the division deals with asset tracing and realisation of value, or liquidation of corruptly acquired assets. The Forensic Investigation Department is charged with the responsibility of carrying out forensic audit in cases under investigation by the Commission and other agencies. It also undertakes the same exercise in areas of general public concern.⁸

What is needed to be added here is that to enhance its investigative strategy, the agency encourages anonymous reporting of corrupt activities and has rolls out internet based whistle blowing system that protects the identity of whistle blowers. This electronic reporting system is a break from the traditional methods of email, fax, mobile phone short message service, telephone calls and letters to KACC. This system of corruption reporting, known as Business Keeper Monitor System (BKMS) is currently accessible in the KACC website.⁹

138 (b) Preventive Strategy

The overall objective of the preventive strategy is to promote and sustain good governance in public organisations through interventions that pre-empt corrupt practices and promote integrity and accountability in the way organisations are run and managed by making it difficult to perpetrate acts of corruption, making it easier to detect such acts when committed, and ultimately making the punishment of such acts certain.¹⁰

Preventive activities therefore focus on reforming policies, practices, and procedures with a view to seal corruption loopholes and other inefficiencies that may lead to loss, poor service delivery and other malpractices. This approach attempts to reach the majority of the population who, given an environment where ethical values and good governance practices are institutionalised, will not engage in corrupt practices. This approach clearly differentiates prevention from investigation as the latter is mainly carried out after a crime has been committed or is about to be committed. The importance of corruption prevention cannot be underrated as it has been recognised internationally as the most effective strategy in fighting corruption.¹¹

Corruption loopholes exist in almost all management and operational systems in many organisations. Such loopholes may be found in the law, policies and procedures. For example, where the law vests certain individuals with discretionary powers, such powers may be abused if there is no system of checks and balances in exercising such discretion

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(c) Public Education Strategy

Typically, public education strategy of the KACC has been through radio jingles, billboards, signs, and host of others. The agency claimed that it has “sensitised” and educated 4.9 million Kenyans through the media and Information, Education and Communication (IEC) materials; a Bible Study Guide has been developed for use in religious organisations etc. Under its public education strategy, the KACC has distributed in the 2008/9 period a total of 98,763 IEC materials to the public; these included Frequently Asked Questions (FAQ) Bulletins, leaflets promoting integrity to schools, and brochures about the Commission.¹²

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