Corruption in Kenya

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Political corruption in the post-colonial government of Kenya has had a history which spans the era of the Jomo Kenyatta and Daniel arap Moi's KANU governments to Mwai Kibaki's PNU government. In the Corruption Perceptions Index 2012 Kenya is ranked 139th out of 176 countries for corruption, tied with Azerbaijan, Nepal, Nigeria, and Pakistan (least corrupt countries are at the top of the list).[1]

It is estimated the average urban Kenyan pays 16 bribes per month. Most of these bribes are fairly small but large ones are also taken – bribes worth over 50,000 Kenyan shillings (€600, US$700) account for 41% of the total value. There is also corruption on a larger scale with each of the last two regimes being criticised for their involvement.[2]

Despite market reforms, several business surveys reveal that business corruption is still widespread and that companies frequently encounter demands for bribes and informal payments to 'get things done' in Kenya. The public procurement sector in Kenya suffers widespread corruption. The use of agents to facilitate business operations and transactions in Kenya is widespread and poses a risk for companies, particularly at the market entry and business start-up stage.[3]

Despite positive developments, the Kenya Anti-Corruption Commission (KACC) was disbanded in 2011 and replaced by the newly instated Ethics and Anti-Corruption Commission. Observers describe the new agency as superficial.[4]

Corruption Scandals[edit]

Before 1990[edit]

  • Between 1986 and 1991 the construction of the Turkwel Hydroelectric Power Station was riddled with claims of corruption. The dam was eventually built at three times the estimated cost, twice the allocated amount and producing energy significantly below capacity[5]

1990–1999[edit]

  • The longest-running scandal is the Goldenberg scandal,[6] where the Kenyan government subsidised exports of gold, paying exporters in Kenyan Shillings (Sh) 35% over their foreign currency earnings. In this case, the gold was smuggled from Congo. The Goldenberg scandal cost Kenya the equivalent of more than 10% of the country's annual GDP.
  • In 1998, political scientist Mutahi Ngunyi's NGO – Series for Alternative Research in East Africa (SAREAT) engaged John Githongo to edit a regional political economy magazine, East African Alternatives.[7] The magazine folded after an audit instigated by the lead donor Ford Foundation found suspected misappropriation and collusion on the part of Ngunyi, who was executive director of SAREAT and Dr Jonathan Moyo, who was the programme officer at the Ford Foundation in charge of disbursing the resources to the NGO. They have both been sued and the matter is still in court. It is known that the Ford Foundation has accepted Githongo's offer to be a prosecution witness in the case.
  • A Sh360 million helicopter servicing contract in South Africa.[8] Military officers had argued that the contract was too extravagant and servicing the helicopters could be done locally. Kenya Air Force (KAF) went ahead to spend Sh108 million as a down payment for servicing the Puma helicopters, whose tail number is logged as 418 at Denel Aviation, a South African firm.

2000–2009[edit]

  • In 2003, military was split over plans to buy new Czech fighter jets.[8] The plan to buy the jet fighters would have cost taxpayers Sh12.3 billion.
  • A Sh4.1 billion Navy ship deal.[8] A Navy project was given to Euromarine, a company associated with Anura Pereira, the tender awarded in a process that has been criticised as irregular. The tender was worth Sh4.1 billion. Military analysts say a similar vessel could have been built for Sh1.8 billion.
  • Chamanlal Kamani had been involved in a supply contract, as Kamsons Motors.[9] Kampsons tendered for the supply of Mahindra Jeeps to the Police Department in the mid 1990s for close to Sh1 million (US$13,000) each, at a time when showrooms would have charged customers a sixth of the price. Moreover, the vehicles were being bought for a government department and were therefore imported duty-free. Few of the more than 1,000 units that were imported over several years are in service today.
  • The Kamanis were also involved in a deal to build a CID forensic laboratory. On 7 June 2004 an amount of $4.7 million was wired back. The payment was a refund against the money paid for the Criminal Investigations Department forensic laboratory.[10] Another euro 5.2 million was paid back in respect of the E-cop project, which involved computerisation of the police force and the installation of spy cameras in Nairobi by Infotalent Systems Private Limited.[10]
  • The Prisons department lost $3 million after contracting Hallmark International, a company associated with Deepak Kamani of Kamsons Motors, for the supply of 30 boilers.[9] Only half of the boilers were delivered – from India and not the United States as had been agreed.
  • The construction of Nexus, a secret military communication centre in Karen, Nairobi.[8] The Government spent Sh2.6 billion (US$36.9 million) to construct the complex. Three years later, military personnel have not moved into the centre. A phantom company, Nedermar BV Technologies, which is said to have its headquarters in the Netherlands, implemented the secret project situated along Karen South Road. Nedermar is linked to businessman Anura Pereira. However, Pereira has denied this. The tendering process for the Nexus project was circumvented as DoD's Departmental Tender Committee. Funding for the project was made through the Ministry of Transport and Communications. The complex is currently headed by Colonel Philip Kameru. Nexus was first meant to be an ammunition dumpsite before it was turned into a military communication and operations centre. Construction continued without any site visits by either the DoD staff or Ministry of Public Works officials. The Nexus project was implemented during the tenure of General Joseph Kibwana.
  • In 2005 plans to buy a sophisticated £20 million passport equipment system from France,[11][12] as government wanted to replace its passport printing system, created conditions for corruption scandal. The transaction was originally quoted at 6 million euros from François Charles Oberthur of Paris (a supplier of Visa and MasterCards) but was awarded to a British firm, the Anglo-Leasing and Finance Company Limited, at 30 million euros, who would have sub-contracted the same French firm to do the work. Despite the lack of competitive tendering Anglo Leasing was paid a "commitment fee" of more than £600,000. Anglo Leasing's agent is a Liverpool-based firm, Saagar Associates, owned by a woman whose family has enjoyed close links with senior officials in the Moi regime. Company records show Saagar Associates is owned by Mrs Sudha Ruparell, a 47-year-old Kenyan woman. Ruparell is the daughter of Chamanlal Kamani, the multimillionaire patriarch of a business family that enjoyed close links with senior officials in the Moi regime. Anglo Leasing made a repayment of euro 956,700 through a telegraphic transfer from Schroeder & Co Bank AG, Switzerland on 17 May 2004.[10]
  • In late February 2006, the newspaper The Standard ran a story claiming that president Mwai Kibaki and senior opposition figure Kalonzo Musyoka had been holding secret meetings. On 2 March at 1:00 am local time (2200 UTC on the 1st), masked gunmen carrying AK-47s raided multiple editorial offices of The Standard, and of its television station KTN. They kicked and beat staff members, forcibly took computers and transmission equipment, burned all the copies of the 2 March edition of the newspaper, and damaged the presses. At KTN, they shut down the power, putting the station off the air. Initially, the Kenyan information minister claimed no knowledge of the raid, but it has since revealed that Kenyan police were responsible. The Ministry of the Internal Security later stated that the incident was to safeguard state security. "If you rattle a snake you must be prepared to be bitten by it," John Michuki said. Three journalists at The Standard, arrested after the critical story was printed, are still being held without charge.[14][15] The story now also features the bizarre case of two Armenian businessmen, mocked in the press for their taste for heavy gold chains, watches and rings, referred to as Mercenaries, who the opposition says led the raid and had shady dealings with Kibaki's government.[16][17][18]
  • In November 2006, the government was accused of failing to act on a banking fraud scam worth $1.5bn involving money laundering and tax evasion, reported by whistle-blowers as early as 2004. Investigators believe sums worth 10% of Kenya's national income are involved. A recent auditor's report says the scale of the operations "threatens the stability of the Kenyan economy".[19]
  • In November 2006, British Foreign Office minister Kim Howells warned, that corruption in Kenya is increasing the UK's exposure to drug trafficking and terrorism. "People can be bought, right from the person who works at the docks in Mombasa up to the government. (...) This weakness has been recognised by drug-traffickers and probably by terrorists too." Said Howells for the BBC.[20]
  • On 31 August 2007, The Guardian newspaper featured on its front page a story about more than GBP 1 billion transferred out of Kenya by the family and associates of former Kenyan leader Daniel arap Moi. The Guardian sourced the information from the Wikileaks article The looting of Kenya under President Moi and its analysis of a leaked investigative document ("the Kroll report") prepared for the Kibaki government in 2004 to try to recover money stolen during Moi's rule.[21]
  • On 2007-09-06 parliament passed the Statute Law (Miscellaneous Amendments) Bill, restricting investigations by the Kenya Anti-Corruption Commission to offences committed prior to May 2003, excluding the Goldenberg and Anglo-Leasing scandals and other major cases. The move was condemned by anti-corruption campaigners; Mwalimu Mati, former chief executive of the Transparency International Kenya Chapter, declared that "grand corruption has swallowed the government and parliament that Kenyans elected to fight it in 2002".[22] In response to public outrage generated by the move, President Kibaki announced that he would veto the bill.
  • In September 2007, Wikileaks released documents exposing a 500 million Kenyan shilling payroll fraud at Egerton University] and subsequent cover up, now the subject of ongoing legal dispute in the High Court.[citation needed]
  • In June 2008, the Grand Regency Scandal broke, wherein the Central Bank of Kenya is alleged to have secretly sold a luxury hotel in Nairobi to an unidentified group of Libyan investors for more than 4 billion Kenyan Shillings (approx US $60 million) below the appraised market value. Finance Minister Amos Kimunya negotiated the sale, and was censured in a near-unanimous motion by the Kenyan Parliament, though he vehemently denies the charges. This follows on the heels of the Safaricom IPO, overseen by Kimunya, which has been alternatively praised and questioned for possible corruption in the execution of the sale. Safaricom is the largest mobile phone service provider in Kenya, having operated with a near-government monopoly for many years. The government of Kenya sold its 50% stake in Safaricom in the IPO.

2010–Present[edit]

  • In October 2012, allegations surfaced that top Foreign Affairs ministry officials ignored land offered by Japan that could have saved the country loss of Sh1.1 billion.[23] The scandal led to the resignation of the then Foreign Affairs Minister Moses Wetangula.
  • In October 2010, the Department of Defence uncovered a bribery scandal involving senior Kenya Defence Force Officers in the corrupt Sh1.6 billion purchase of armoured personnel carriers from South African company OTT Technologies (Pty) Ltd. Minister of Defence Yusuf Haji retired several high-ranking officers in January 2011 [24] accused of taking bribes by OTT Technologies (Pty) Ltd, and the matter was referred for further investigation to Parliament.[25] The September 2012 Report on Military Modernization Programmes by the Departmental Committee on Defence and Foreign Relations found that the irregular procurement of the PUMA M26 armoured carriers had violated multiple sections of the Public Procurement Act 2005, that OTT Technologies (Pty) Ltd's business partners in Kenya had been identified by the US Government as being involved in international crime and drugs smuggling, and recommended that OTT Technologies (Pty) Ltd be barred from doing any business with the Government of Kenya in the future.[26]In 2014, the same company was accused by the government of Mozambique of irregular tax and export control activities in the transport of similar armoured carriers through Mozambique for onward trafficking into Africa. [27]

Security contracts[edit]

Listed in Githongo's dossier[28] are a number of companies that won security-related contracts :-

Payee Purpose Amount (millions) Signatories Date signed
Anglo Leasing Forensic LAB – CID US$54.56 PS-Treasury
PS-Internal Security OP
16 August 2001
Silverson Establishment Security Vehicles USD 90 PS-Treasury
PS-Internal Security OP
16 August 2001
Apex Finance Police Security USD 30 PS-Treasury
PS-Internal Security OP
9 February 2002
LBA Systems Security-MET USD 35 PS-Treasury 7 June 2002
Apex Finance Police Security USD 31.8 PS-Treasury
PS-Internal Security OP
14 June 2002
Universal Satspace Satellite Services USD 28.11 PS-Treasury
PS-Transport
11 July 2002
First Mechantile Police Security USD 11.8 PS-Treasury
PS-Transport
11 July 2002
Apex Finance Corp Police Security USD 12.8 PS-Treasury
PS-Internal Security OP
12 July 2002
LBA Systems Prison security USD 29.7 PS-Treasury 19 November 2002
Nedemar Security USD 36.9 PS-Treasury
PS-Transport
19 November 2002
Midland Bank Police security USD 49.65 PS-Treasury 29 May 2003
Naviga Capital Oceanographic vessel EUR 26.6 PS-Treasury 15 July 2003
Empressa Oceanographic vessel EUR 15 PS-Treasury 15 July 2003
Euromarine Oceanographic vessel EUR 10.4 PS-Treasury 15 July 2003
Infotalent Police security EUR 59.7 PS-Treasury
PS-Internal Security OP
19 November 2003
Apex Finance Corp Police security EUR 40 PS-Treasury
PS-Internal Security OP
17 December 2003
Ciaria Systems Inc Design, maintain satellite NSIS USD 44.56 PS Treasury
Director NSIS
20 January 2004

Anti-corruption authorities[edit]

The Ethics and Anti-Corruption Commission (EACC) was established after Kenya’s President Mwai Kibaki signed the Ethics and Anti-Corruption Act on 29 August 2011. The EACC replaced the Kenya Anti-Corruption Commission (KACC).[29]

Previously, the Kenya Anti-Corruption Commission (KACC) was established in April 2003 to replace the Kenya Anti-Corruption Authority, after Parliament enacted new legislation.[30]

See also[edit]

General:

References[edit]

  1. ^ Transparency International Kenya, Frequently Asked Questions. Accessed 1 March 2006.
  2. ^ Transparency International Kenya, Frequently Asked Questions. Accessed 1 March 2006.
  3. ^ "Snapshot of the Kenya Country Profile". Business Anti-Corruption Portal. Retrieved 2 July 2013. 
  4. ^ "Snapshot of the Kenya Country Profile". Business Anti-Corruption Portal. Retrieved 2 July 2013. 
  5. ^ http://www.thecornerhouse.org.uk/resource/turning-blind-eye#index-02-03-01-00
  6. ^ Forensic accountants trace Goldenburg transaction (Corpwatch)
  7. ^ It’s high treason for Githongo (East African Standard)
  8. ^ a b c d New scandal hangs over Sh2.6b secret Army complex (East African Standard)
  9. ^ a b Kenya Graft Watchdog Set to Charge More Suspects
  10. ^ a b c When bogus firms wired back Sh1bn (Daily Nation)
  11. ^ report on the Anglo Leasing scandal (Guardian)
  12. ^ It's time to tell the Kenyan people the truth about the anglo-leasing corruption scandal (Transparency International)
  13. ^ Vehicle Saga Shows Parliament Has Few Budgetary Teeth (Inter Press Service News Agency)
  14. ^ BBC: Kenya admits armed raids on paper
  15. ^ Reuters: Leading media house shut down by armed men
  16. ^ IOL Kibaki in trouble as parliament re-opens
  17. ^ "Revealed: All about Arturs". The Standard. 28 September 2007. Retrieved 2008-12-12. [dead link]
  18. ^ "Artur brothers were drug traffickers who enjoyed state security: Report". Daily Nation. 28 September 2007. Archived from the original on 19 January 2008. Retrieved 2007-09-28. 
  19. ^ Bank scam threatens Kenya economy BBC
  20. ^ Kenya corruption 'threatening UK' BBC
  21. ^ Xan Rice (31 August 2007). "The looting of Kenya". The Guardian. Retrieved 2008-02-29. 
  22. ^ "Uproar over move on economic crimes". The Standard. 12 December 2008. Retrieved 2007-09-14. [dead link]
  23. ^ http://www.nation.co.ke/News/Shame%20of%20graft%20that%20is%20the%20Tokyo%20embassy%20report%20/-/1056/1033292/-/10xk82kz/-/index.html
  24. ^ 25 October 2010: DoD Uncovers Tender Corruption
  25. ^ 19 January 2011: Min/Def retires KDF officers Involved in APC Corruption
  26. ^ 19 April 2011: Launch of Parliamentary Committee to investigate APC Bribery
  27. ^ Company that Mounted Armored Vehicles to the United Nations Operates Illegally in Mozambique (Portuguese)
  28. ^ Githongo's dossier
  29. ^ http://www.eacc.go.ke/default.asp?pageid=2
  30. ^ http://www.eacc.go.ke/default.asp?pageid=2

External links[edit]