The document discusses corruption in Kenya and the role of the new constitution in fighting it. It provides statistics showing Kenya's consistently low rankings in global corruption indexes. It also outlines the effects of corruption in politics and the economy, including electoral fraud, lower economic growth, and reduced government revenue. Finally, it notes that while the new constitution and anti-corruption laws and institutions have made progress, continued citizen participation and strong leadership are still needed to fully address corruption challenges in Kenya.

1. THE NEW CONSTITUTION, GOOD GOVERNANCE AND THE
FIGHT AGAINST CORRUPTION
By Teresa Omondi – Deputy Executive Director TI-Kenya
Presented at the 5th Generation Scholarship Programme “Go Africa, Go Germany” supported
by the Federal Government of Germany
Held at the Fairview Hotel Nairobi on 2nd March 2012
A transparent, just and accountable Kenyan society

2. Fighting Corruption

3. What is Corruption?
Abuse of entrusted power for private gain.
A transparent, just and accountable Kenyan society

4. CORRUPTION IN KENYA
Ranking in Global Corruption Perception index
.
Year Country Rank Total No. of CPI Score
Countries
2007 150 179 2.1
2008 147 180 2.1
2009 146 180 2.2
2010 154 178 2.1
2011 154 182 2.2
A transparent, just and accountable Kenyan society

5. MAIN FOCUS OF TI - KENYA
• Transparent and accountable institutions of governance in
Kenya
• Effective policy and legal frameworks that promote
accountability and transparency
• Empowered citizens who proactively demand for
transparency and good governance
• Political participation and competition that is regulated,
accountable and transparent
A transparent, just and accountable Kenyan society

6. MEASURING CORRUPTION
• East African Bribery Index ( EABI) - a governance tool developed to measure bribery
levels in private and public sectors in the region.
• Initially the bribery index covered Kenya for seven years before its extension to
Uganda and Tanzania in 2009 and Burundi and Rwanda in 2010. It is in 2010
that Kenya relinquished her position as the most corrupt country in East Africa
to Burundi. In 2011, Kenya was the 4th most corrupt in the region.
• Questions asked measure perception- Which institutions both public and private
did respondent interact with in the last 12 months to seek for a service, Was a
bribe expected or demanded during interaction? If yes How much. Check
whether the service was finally received
• Publication of the index commands exit or entry of institutions in the index.
• TI – Kenya data base – Reports to main office and to ALACS
• Media/Press report
A transparent, just and accountable Kenyan society

7. EFFECTS OF CORRUPTION
Politics
• Corruption in politics affects the choice of leaders to govern the country
• Electoral fraud is one of the many forms of political corruption but it is
also the most insidious and harmful to democratic process.
• Electoral fraud directly undermines the integrity of the vote and as a
result can cloud the legitimacy of an entire government system.
• Electoral fraud involves illegal interference with the process of an
election – 2007/2008 Kenya post election violence is a classical
manifestation of this problem. The malpractices included multiple voter
registration, harassment of voters and/or party agents, voter bribery and
falsification of election results.
A transparent, just and accountable Kenyan society

8. ..cont
Economy
• The quality of a country’s governance is measured by the economic
growth
• Corruption is both a cause of poverty, and one of the biggest barriers
to overcoming poverty.
• Corruption largely affects revenue collection through tax evasion,
non-payment of rates and other payments due to the government
depriving it of much needed revenue to provide essential services.
• Corruption increases the cost of doing business.
• Corruption undermines the quality of work by lowering compliance
with contractual obligation or regulations of a country.
• Corruption distorts revenue allocation
• Corruption increases insecurity (extortion gangs), Violence and
anarchy.
A transparent, just and accountable Kenyan society

9. NEW CONSTITUION – SUCCESS AND
CHALLENGES
• New Dawn – Spirit and Letter of the Constitution
• Enactment of Key legislations and Institutions towards reform.
– Ethics and Anti Corruption Commission (EACC)
– Independent Electoral and Boundaries Commission (IEBC)
– Political Parties Act
– Judicial Reforms
– Access to Information
– National Cohesion
A transparent, just and accountable Kenyan society

10. CONCLUSION
• Kenya has a daily “war” with anti reform forces.
• Citizen participation coupled with strong and highly motivated
leadership is key in fight against corruption
• The Constitution of Kenya has set the pace to fight corruption,
Kenyans need to keep up the pace, remain vigilance and maintain the
high hope that the Constitution provides to end corruption.
A transparent, just and accountable Kenyan society

11. THANK YOU
A transparent, just and accountable Kenyan society