NAIROBI, Kenya, Dec 3 — Kenya continues to face major enforcement gaps and limited civil society engagement in implementing its anti-corruption commitments.
The finding is part of an a new civil society assessment by Transparency International on the fulfillment of commitments under Chapters II (Preventive Measures) and V (Asset Recovery) of the United Nations Convention against Corruption (UNCAC).
Released Tuesday with technical and financial support from the UNCAC Coalition, the report however acknowledges Kenya’s progress in building a strong legal and institutional framework to fight corruption.
Key milestones include the enactment of the Anti-Corruption and Economic Crimes Act, the establishment of the Ethics and Anti-Corruption Commission (EACC), and the creation of complementary institutions such as the Office of the Director of Public Prosecutions (ODPP), the Assets Recovery Agency (ARA), the Anti-Corruption and Economic Crimes Court Division, and the Financial Reporting Centre (FRC).
Weak enforcement
Despite these gains, the study finds that practical enforcement remains weak, citing inadequate resources, overlapping institutional mandates, and persistent political interference.
“Resource constraints, overlapping mandates and political interference continue to undermine the practical enforcement of anti-corruption laws, policies and practices,” the report notes.
The assessment further highlights that civil society continues to operate in a shrinking civic space marked by excessive use of force, intimidation, and the harassment of activists and human rights defenders.
While the Proceeds of Crime and Anti-Money Laundering Act provides mechanisms for identifying, freezing, seizing, and confiscating illicit assets, the report says the ARA’s nationwide investigative capacity remains limited due to insufficient staffing and funding.
A notable model for asset return is the FRACCK agreement, which emphasizes transparency, accountability, and inclusive development in the use of recovered funds.
These resources are intended for public-interest projects such as education, healthcare, and community development.
Hindrances
However, the report notes limited visibility on how these funds are eventually allocated and calls for stronger oversight and more robust public reporting.
The report identifies persistent weaknesses across several areas including inadequate funding.
It notes Kenya’s legal foundation is strong, but enforcement is hindered by inadequate EACC funding, political interference, and limited cooperation from agencies such as the ODPP.
The EACC also lacks the authority to compel compliance with its recommendations, the report indicates.
The Leadership and Integrity Act and the Conflict of Interest Act provide a robust framework for merit-based recruitment and financial disclosures.
However, powerful individuals often evade accountability—illustrated by the acquittal of a former Deputy President accused of embezzlement, the coalition notes.
Asset declarations, it further notes, remain inaccessible to the public, and lifestyle audits are seldom conducted.
Established in 2006, the UNCAC Coalition is a global network of nearly 400 civil society organizations in over 120 countries dedicated to promoting the ratification, implementation, and monitoring of the UN Convention against Corruption.
The Coalition is headquartered in Vienna, Austria.
