Corruption and the law: a critical examination of the legal and institutional framework concerned with the fight against corruption in Kenya

Abstract

Corruption has been a long-standing problem in Kenya. The object of this research paper is to undertake a critical examination the legal and institutional framework tasked with fighting corruption, pinpointing its failures and determining possible solutions to this problem. This paper shall be limited to the Kenyan jurisdiction and shall only make reference to other jurisdictions in the case studies performed therein. This paper relies on legal doctrinal research and case studies in order to substantiate its claims. And it is from this research that the conclusion that the corruption problem in Kenya is largely and institutional one, as institutions have been co-opted by those in power to serve their own interests and at the expense of the people. This co-option is marked by patrimonial and tribal politics which further worsens the problem, as people excuse it as long as they can benefit from it. It is from a case study of two jurisdictions; Hong Kong and Rwanda that we can glean lessons for our own context, especially in the fields of institutional design, enforcement and social education.