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

Fighting corruption ti kenya

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Page 1: Fighting corruption   ti kenya

A transparent, just and accountable Kenyan society

THE NEW CONSTITUTION, GOOD GOVERNANCE AND THE FIGHT

AGAINST CORRUPTIONBy Teresa Omondi – Deputy Executive

Director TI-Kenya

Presented at the 5th Generation Scholarship Programme “Go Africa, Go Germany” supported by the Federal

Government of GermanyHeld at the Fairview Hotel Nairobi on 2nd March 2012

Page 2: Fighting corruption   ti kenya

Fighting Corruption

Page 3: Fighting corruption   ti kenya

Abuse of entrusted power for private gain.

What is Corruption?

A transparent, just and accountable Kenyan society

Page 4: Fighting corruption   ti kenya

.

A transparent, just and accountable Kenyan society

Ranking in Global Corruption Perception index

CORRUPTION IN KENYA

Year Country

Rank

Total No.

of

Countries

CPI Score

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

Page 5: Fighting corruption   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

MAIN FOCUS OF TI - KENYA

Page 6: Fighting corruption   ti kenya

• 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

MEASURING CORRUPTION

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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

EFFECTS OF CORRUPTION

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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

..cont

Page 9: Fighting corruption   ti kenya

• 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

NEW CONSTITUION – SUCCESS AND CHALLENGES

Page 10: Fighting corruption   ti kenya

• 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

CONCLUSION

Page 11: Fighting corruption   ti kenya

THANK YOU

A transparent, just and accountable Kenyan society