New report on corruption says loopholes in anti-graft laws hindering enforcement

A new report on corruption in the country has criticised the effectiveness of laws aimed at curbing graft and the institutions responsible for combating it.

Human rights lobbies, Transparency International Kenya (TI-Kenya), in collaboration with URAIA Trust, on Monday launched the report titled "Rubber Meets the Road: An Assessment of the Impact of Anti-Corruption Laws and Institutions in Kenya."

The report provides a comprehensive evaluation of Kenya's anti-corruption framework, highlighting critical gaps in legislation, institutional capacity, and enforcement mechanisms, exposing weaknesses in the fight against graft.

According to Transparency International Kenya's Executive Director Sheila Masinde, the country continues to face significant challenges in its war against corruption, despite the existence of numerous laws designed to address it.

"Despite Kenya’s robust legal framework—including the Ethics and Anti-Corruption Act, the Anti-Bribery Act, and the Leadership and Integrity Act—corruption remains deeply entrenched," noted Masinde.

Key challenges

She outlined key challenges, including weak enforcement of anti-corruption laws, inadequate resources for oversight institutions, overlapping mandates among agencies, and low public trust in the country’s anti-corruption efforts.

One of the report's key findings is that Kenya’s anti-corruption laws contain loopholes and inconsistencies that hinder effective enforcement.

It also reveals that key institutions, such as the Ethics and Anti-Corruption Commission (EACC) and the Office of the Director of Public Prosecutions (ODPP), face significant resource and coordination challenges.

"Public participation in governance and civic action against corruption remains limited, allowing corrupt practices to persist," the report notes.

It also highlights the crucial role of non-state actors, including civil society and faith-based organisations, but acknowledges that their efforts are constrained by systemic barriers.

Far-reaching recommendations

The report makes far-reaching recommendations, which the lobbies argue should be implemented without delay.

They propose legislative reforms, including amending outdated laws to address emerging corruption trends such as digital fraud and illicit financial flows.

The report further recommends strengthening institutions by improving funding and coordination among anti-corruption agencies to enhance efficiency.

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"There should be ethical leadership development. The need to integrate integrity education into the national curriculum and strengthen ethics training for public servants is more urgent than ever."

Public engagement

Additionally, the report calls for greater public engagement, promoting open governance initiatives to foster civic participation and transparency.

The lobbies are also advocating for stronger partnerships by supporting non-state actors in advocacy and public awareness campaigns against corruption.

"This report is a wake-up call. Kenya must take decisive action to close legal loopholes, strengthen institutions, and empower citizens to demand accountability. Corruption is not just a legal issue; it is a governance crisis that erodes morals, ethics, and the future of every Kenyan," the report says.

TI-Kenya has urged the government, civil society, and the private sector to adopt the report’s recommendations and work collaboratively towards a corruption-free society.