Enhancing the fight against corruption in Kenya: making the case for conferral of prosecutorial powers on the Ethics and Anti-Corruption Commission
Date
2017
Authors
Mwaniki, Brian Kimari
Journal Title
Journal ISSN
Volume Title
Publisher
Strathmore University
Abstract
The main objective of this dissertation is to prove that the EACC has been ineffective in the fight against corruption due to the absence of prosecutorial powers. It analyses the history of corruption in Kenya in order to demonstrate the factors which often frustrate the fight against corruption. It also scrutinizes the legal framework of the EACC in order to establish whether it allows the EACC the authority and independence it needs to reduce corruption and economic crimes in Kenya. The dissertation then analyses the successes of the Sierra Leone Anti-Corruption Commission with regards to prosecution of corruption and proposes recommendations that the EACC should adopt in order to enhance the fight against corruption. This dissertation shall be limited to corruption offences that have occurred within the territory of Kenya. Moreover, the dissertation shall only deal with two specific types of corruption, grand corruption and looting. It analyses the prosecution of public officials for the offences of looting and grand corruption. It shall also look at the impediments to prosecution of these corruption offences as opposed to any other criminal prosecution. Secondary sources have been the only form of data relied upon in this dissertation. Qualitative data revealed that anti-corruption institutions in Kenya have been ineffective in the fight against corruption. This has been attributed to many factors including the fact that it lack powers of prosecution. This dissertation has found that the DPP has frustrated the successful conviction of corruption cases owing to the lack of political will to conduct prosecution. The justification for undertaking this dissertation is that corruption causes us massive economic losses every year. This cost is unjustifiable and so it is crucial that we seek to protect our economy from these losses. The anti-corruption initiatives undertaken should be more effective for their purposes, the EACC should in this regard be empowered as is necessary to ensure efficient prosecution of graft. The dissertation proposes that the current anti-corruption law be amended in order to confer prosecutorial powers upon the EACC.
Description
Submitted in partial fulfillment of the requirements of the Bachelor of Laws Degree, Strathmore University Law School
Keywords
Principal-agent relationship theory, Rule of Law theory, Public Officer Ethics Act, 2003, Anti-Corruption and Economic Crimes Act, 2003, Leadership and Integrity Act, 2012