DOCSLIB.ORG

The Narc's Anti-Corruption Drive in Kenya

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
The Narc's Anti-Corruption Drive in Kenya ESSAY THE NARC’S ANTI-CORRUPTION DRIVE IN KENYA Somewhere over the rainbow? GLADWELL OTIENO The departure of former president Daniel arap Moi from Kenya’s political scene and the ascension to power of the National Rainbow Coalition (NARC) after the 2002 elections generated hope that a political system that had become almost synonymous with corruption would undergo funda- mental redemption. While the early days of NARC rule seem to paint a picture of a government committed to combating corruption, most analysts continue to warn the Kenyan public and the international community not to slip into premature excitement. This article puts the early days of NARC’s rule under scrutiny with a view to shedding light on the new government’s commitment to eradicate the scourge of corruption. Introduction seen Kenya occupying an apparently perma- nent position near the bottom of TI’s annual Corruption Perceptions Index. The 2002 elections in Kenya saw a resound- By May 2003 two keystone pieces of legis- ing rejection of the Kenya African National lation had been enacted: the Anti-Corruption Union (KANU) and Daniel arap Moi’s legacy and Economic Crimes Act (ACECA), of endemic corruption and mismanagement. As the first electoral change of government which created the Kenya Anti-Corruption in independent Kenya, it aroused hopes of Commission (KACC) with responsibility to the possibility of reform and renewal. Among investigate corruption and economic crimes President Kibaki’s first acts was the creation of and conduct public education on corruption; a new Ministry of Justice and Constitutional and the Public Officer Ethics Act (POEA), Affairs (MoJCA), mandated to coordinate the which provides for codes of conduct for all anti-corruption campaign and spearhead the public officers and compels all officers to enactment of laws to facilitate it. The appoint- declare their wealth, including that of their ment of Transparency International’s (TI) John spouses and dependent children. With these Githongo to the newly created position of two Acts, Kenya fulfilled long-awaited condi- Permanent Secretary (PS) in the Office of the tions for the improvement of relations with President for Governance and Ethics was con- multilateral institutions after their suspension sidered an indication of serious political will of cooperation with the Moi government. The to combat the pervasive corruption which had International Monetary Fund (IMF) resumed GLADWELL OTIENO is a political scientist and former executive director of Transparency International, Kenya. 70 African Security Review 14(4) • 2005 lending in November 2003. The new govern- the president, who took every opportunity, in ment argued that, rather than submitting to the first year, to reiterate his stance of a ‘zero external demands, it was henceforth commit- tolerance policy’ towards corruption. Kenya, ting itself to its own conditionalities for the like many other countries embarking on legal economic recovery of Kenya. However, the reform, already had anti-corruption legislation attitude of the ‘international community’ has in place; the key ACEC Act is the successor to constituted a large part, whether positively or the greatly under-enforced colonial Prevention negatively, of the NARC government’s preoc- of Corruption Act, 1956. However, it goes far cupations. beyond the latter in its definition of what con- stitutes a corrupt act and in creating a mecha- nism that enables the government to seize Economic recovery through good gov- corruptly and criminally acquired assets. ernance The Public Officer Ethics Act crafts ethi- cal standards for public officers and creates The overall policy direction of the NARC a legal framework for dealing with conflicts government is laid down in the Economic of interest. The occupation of public office Recovery Strategy for Employment and Wealth in Africa has long been the shortest avenue Creation 2003 (ERS). In keeping with its elec- to great wealth, and Kenya is no exception. tion manifesto the new government’s plans for Kenyan civil servants’ consciousness of what recovery were firmly predicated on the need constitutes a conflict of interest has become for governance reforms and the strengthening remarkably blunted over the years following of governance institutions. The ERS promises the conclusions of the Ndegwa Commission, the passage of key laws – in addition to the which in 1971 recommended that public ACECA and POEA, a Public Procurement officers be allowed to conduct private busi- and Disposal of Public Assets, and a Financial nesses.2 However, a series of measures were Management and Accountability Bill were also recommended that ostensibly aimed at promised within the 2003/04 financial year. mitigating the danger of conflicts of interest. The government also undertook to bring indi- They were largely ignored, while the permis- viduals involved in corruption to court. The sion to engage in business was enthusiastically Attorney General and the Anti-Corruption embraced by the nascent African bureaucratic Police Unit, precursor of the KACC, were to elite. A conflict of interest that particularly produce quarterly progress reports on inves- irks the Kenyan public today is the exploita- tigating and prosecuting cases of corruption; tion by senior public servants, in particular the establishment of task forces to review MPs, of their power to determine their wages various past misdeeds was also envisaged. The and allowances, leading, in the absence of a ERS promised the establishment of a commis- national wage policy, to exorbitant pay scales sion to inquire into the Goldenberg Scandal and profligate expenditure.3 It should be (see below) so that proper prosecution and noted that the wealth declarations submitted assets recovery could follow. Further measures, under the POEA are not amenable to easy including the creation of an ombudsman, were scrutiny since, apart from being strictly con- contemplated.1 Progress against corruption fidential, they are available only in hard copy was to be achieved through a strategy whose and an inadequate format for the provision pillars were leadership or political will; dealing of relevant and comprehensive information. with the abuses of the past (or ‘transitional jus- Attempts led by Githongo to capture the dec- tice’); institutional reform and legal reforms; larations electronically and render them easier and coalition-building with non-state actors to monitor were unsuccessful. and the international community. While the NARC government’s reform Political will is commonly viewed as essen- strategy is heavily biased towards a lengthy tial to the success of any reform programme. menu of legislative reform, Kenya’s parlia- The Kenyan anti-corruption programme was ment, despite the generous salaries and allow- predicated on the personal commitment of ances it has approved for itself, is notoriously Essay 71 lethargic. For the larger part of 2003, MPs for the last time, the NARC government dis- managed to pass only three laws. played a talent for shooting itself in the foot. However, the report, with its list of beneficiar- ies of illicit land transactions, demonstrated Dealing with the past clearly the web of complicity that implicates large sections of the Kenyan elite of whatever Kenyans hoped to uncover, punish and, it political colour in plundering the country’s is hoped, avert repetitions of the abuses of resources. According to the report, illegal the past. The NARC government chose to forest excisions alone amounted to 299,077.5 investigate and ultimately redress these abuses hectares since independence. Development of through a series of specially established com- a comprehensive land policy remains impera- missions of inquiry. The most prominent tive. was the Commission of Inquiry into the The Task Force on Truth, Reconciliation Goldenberg Scandal, established to look into and Justice was appointed in March 2003 to the infamous and complex scheme of swin- enquire into the possibilities of establishing dles around non-existent exports of gold and a commission to deal with past human rights diamonds from Kenya in the early 1990s, abuses, as other countries undergoing tran- which ultimately cost the country an esti- sition from authoritarianism to democracy mated US$650 million.4 The commission did have done. The task force consulted widely, well to unearth in detail the methods used to travelling around the country, and recom- defraud the country. However, after a massive mended the establishment of a commission investment of resources, questions whether on the South African model to deal with the commission will adequately fulfil its terms abuses by the state and its agents. It recom- of reference are justified. Kenyans demand mended that the commission also consider that the senior figures involved be brought to economic crimes. The government has not book. They crowded to witness the proceed- established such a commission. It is doubtful ings of the commission, which were reported whether it will, given that it eventually formed on fully in the electronic and print media. a government of ‘national unity’ that includes However, if the conduct of the inquiry is any politicians from the previous administration, indication, they may well be disappointed. some of whom would have been the subject The report of the commission is not expected of inquiry by such a commission. until October, at which time Kenyans may The Pending Bills Verification and well be too preoccupied with the planned Validation Committee sought to unravel valid constitutional referendum to pay attention to from invalid claims on the government in the its conclusions. Already the government has area of construction and recommended that distanced itself from its original commitment hundreds of millions of shillings be repaid to recover assets. by construction companies, in some of which The Commission of Inquiry into Irregular public officials had an interest, and that some and Illegal Allocation of Public Lands, known companies be blacklisted. Pending bills are as the Ndung’u Commission after its chairman, one of the many imaginative ways in which looked into the expropriation of public lands the exchequer is defrauded.
Load more

Recommended publications
  • Political Parties and Party Systems in Kenya
    A Service of Leibniz-Informationszentrum econstor Wirtschaft Leibniz Information Centre Make Your Publications Visible. zbw for Economics Elischer, Sebastian Working Paper Ethnic Coalitions of Convenience and Commitment: Political Parties and Party Systems in Kenya GIGA Working Papers, No. 68 Provided in Cooperation with: GIGA German Institute of Global and Area Studies Suggested Citation: Elischer, Sebastian (2008) : Ethnic Coalitions of Convenience and Commitment: Political Parties and Party Systems in Kenya, GIGA Working Papers, No. 68, German Institute of Global and Area Studies (GIGA), Hamburg This Version is available at: http://hdl.handle.net/10419/47826 Standard-Nutzungsbedingungen: Terms of use: Die Dokumente auf EconStor dürfen zu eigenen wissenschaftlichen Documents in EconStor may be saved and copied for your Zwecken und zum Privatgebrauch gespeichert und kopiert werden. personal and scholarly purposes. Sie dürfen die Dokumente nicht für öffentliche oder kommerzielle You are not to copy documents for public or commercial Zwecke vervielfältigen, öffentlich ausstellen, öffentlich zugänglich purposes, to exhibit the documents publicly, to make them machen, vertreiben oder anderweitig nutzen. publicly available on the internet, or to distribute or otherwise use the documents in public. Sofern die Verfasser die Dokumente unter Open-Content-Lizenzen (insbesondere CC-Lizenzen) zur Verfügung gestellt haben sollten, If the documents have been made available under an Open gelten abweichend von diesen Nutzungsbedingungen die in der dort
    [Show full text]
  • “Not Worth the Risk” Threats to Free Expression Ahead of Kenya’S 2017 Elections
    “Not Worth the Risk” Threats to Free Expression Ahead of Kenya’s 2017 Elections HUMAN RIGHTS WATCH “Not Worth the Risk” Threats to Free Expression Ahead of Kenya’s 2017 Elections Copyright © 2017 Human Rights Watch All rights reserved. Printed in the United States of America ISBN: 978-1-6231-34761 Cover design by Rafael Jimenez Human Rights Watch defends the rights of people worldwide. We scrupulously investigate abuses, expose the facts widely, and pressure those with power to respect rights and secure justice. Human Rights Watch is an independent, international organization that works as part of a vibrant movement to uphold human dignity and advance the cause of human rights for all. Human Rights Watch is an international organization with staff in more than 40 countries, and offices in Amsterdam, Beirut, Berlin, Brussels, Chicago, Geneva, Goma, Johannesburg, London, Los Angeles, Moscow, Nairobi, New York, Paris, San Francisco, Sydney, Tokyo, Toronto, Tunis, Washington DC, and Zurich. For more information, please visit our website: http://www.hrw.org ARTICLE 19 Eastern Africa is an independent not-for profit organization that promotes freedom of expression and access to information as a fundamental human right as well as an empowerment right. ARTICLE 19 Eastern Africa was registered in Kenya in 2007 as an affiliate of ARTICLE 19 international. ARTICLE 19 Eastern African has over the past 10 years implemented projects that included policy and legislative advocacy on media and access to information laws and review of public service media policies and regulations. The organization has also implemented capacity building programmes for journalists on safety and protection and for a select civil society organisation to engage with United Nations (UN) and African Union (AU) mechanisms in 14 countries in Eastern Africa.
    [Show full text]
  • The Kenyan Crisis: How And
    The Kenyan Crisis: Post December 2007 Elections Renu Modi Seema Shekhawat Working Paper No: 1 Centre for African Studies Area Studies Building Behind Marathi Bhasha Bhavan University of Mumbai Vidyanagari, Santacruz (E) Mumbai: 400 098. E-mail: [email protected] [email protected] 1 Contents Acronyms 03 Resume 04 Introduction 05 The Background 05 The Kibaki Administration 08 The Governance Crisis 11 December 2007 Elections 13 Repercussions 18 Deep Rooted Reasons 19 Authoritarian ‘Democratic’ Structures 20 Unrestrained Powers of the President 20 Lack of Space for the Opposition 21 Popular Disillusionment 21 Political Violence 22 The Ethnicity Factor 23 The Economic Factor 24 Colonial Legacy 26 Conclusion 28 Endnotes and References 29 Tables Table 1: 27 December 2002 Election 07 Table 2: November 21, 2005 Constitutional Referendum 11 Table 3: Composition of the 10th Parliament 14 2 Acronyms ICG International Crisis Group IMF International Monetary Fund KANU Kenya African National Union NARC National Rainbow Coalition ODM Orange Democratic Movement ODM-K Orange Democratic Movement-Kenya 3 Resume Renu Modi Renu Modi is a lecturer and Director of the Department of African Studies, University of Mumbai. She is a political scientist and graduated from the Lady Shree Ram College for Women, Delhi University. She received her PhD. from the Centre for African Studies, School of International Studies, Jawaharlal Nehru University, New Delhi. Her research interests include issues of development- displacement and livelihood reconstitution at resettlement sites and contemporary political, economic and social issues from a gendered perspective in the Afro- Asian context. Seema Shekhawat Seema Shekhawat holds a doctoral degree in Political Science from the University of Jammu, India.
    [Show full text]
  • By Mutegi Njau to Ordinary Kenyans, the Reports Were
    By Mutegi Njau To ordinary Kenyans, the reports were horrific: people being beheaded and skinned around the country — crimes attributed to maverick gangs called Mungiki (masses of people). The police retaliated by randomly raiding the suspected gang’s hideouts and by indiscriminately killing alleged gang members. To Kenyans aged 45 and over, the incidents were reminiscent of Mau Mau period (1952-60), when Kenyan freedom fighters brutally killed colonialists and their collaborators and drank their blood. For most of 2007, the dreaded Mungiki gangs have disrupted public transport and killed and maimed civilians in Nairobi and other major towns and villages in the Central and Rift Valley provinces. Corruption in the police and within the political circles has allowed Mungiki to thrive. The gangsters, who extort money from public transporters and commandeer public utility facilities, such as electric power and water with impunity, have police and political patronage. Indeed, even to a casual observer, there is irony in the way Mungiki operates. It was created to clean up corruption, yet Mungiki is itself corrupt and has grown and flourished because of a corrupt environment. The outlaw group was founded by youths outraged at economic decline, runaway corruption and the near collapse of family values in the late 1980s. Extortion became its modus operandi, and as it sought to bring back order, it used police officers it paid handsomely to protect its turf and businesses. Mungiki is reminiscent of the Italian organized crime operation, the Mafia, which enlisted police, judiciary, and even the political elite. Now Mungiki is the new face of corruption in Kenya.
    [Show full text]
  • Political Patronage on the Operationalisation of Public Procurement Law in Kenya
    POLITICAL PATRONAGE ON THE OPERATIONALISATION OF PUBLIC PROCUREMENT LAW IN KENYA NJUGUNA HUMPHREY KIMANI REG. NO. G80/83401/2012 A Thesis Submitted in Fulfillment of the Requirements for the Award of Degree of Doctor of Philosophy in Law of the University of Nairobi 2017 ii DECLARATION This thesis is my original work and has not been presented for a degree in any other university. Njuguna Humphrey Kimani Signature................................ Date ................................... This thesis has been submitted for examination with our approval as University Supervisors. 1. Prof. (Justice) James Otieno Odek Signature................................ Associate Professor of Law (UoN) Date:...................................... 2. Prof. Paul Musili Wambua Signature:............................ Associate Professor of Law (UoN) Date:....................................... 3. Dr. Attiya Waris Signature:............................... Senior Lecturer of Law (UoN) Date:....................................... iii DEDICATION To my loving parents, the late Mzee Henry Njuguna, popularly known as Sir Henry and my mother Esther Wanjiru Njuguna; I share this work with both of you for always encouraging me to achieve my goals and for having unwavering confidence in my abilities even during challenging times. You provided infinite compassion and support from which I drew the values of a life-long respect for education. To my dear wife, Nancy Njuguna, our loving children: Njuguna, Kamau and Wanjiru, I thank you for your love, support and patience during the entire process of this study. And to the people of Kenya, who for years have stood for a just society of men and women; those who have risked their lives in fighting for reforms, and to those who continue to advocate for good governance, integrity, transparency and accountability, this study hails you for your selflessness and dedication.
    [Show full text]
  • (KTDA) – Corruption – Kikuyu Ethnic Group
    Refugee Review Tribunal AUSTRALIA RRT RESEARCH RESPONSE Research Response Number: KEN34521 Country: Kenya Date: 16 March 2009 Keywords: Kenya – Kenya Tea Development Agency (KTDA) – Corruption – Kikuyu ethnic group This response was prepared by the Research & Information Services Section of the Refugee Review Tribunal (RRT) after researching publicly accessible information currently available to the RRT within time constraints. This response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. This research response may not, under any circumstance, be cited in a decision or any other document. Anyone wishing to use this information may only cite the primary source material contained herein. Questions 1. Please provide any information regarding the directorship of the Kenya Tea Agency. 2. Please provide information on the structure and activities of the Kenya Tea Development Agency (KTDA). 3. Are there any reports of fraud charges against the management of the KTDA? 4. Is there anything to indicate that managers of tea cartels or figures prominent in the tea industry have been elected to parliament in Kenya? 5. Please provide any information on corruption in the tea industry in Kenya. 6. Please provide any information on government involvement in corruption in the tea industry. 7. To what extent is the KTDA involved in combating corruption? 8. Are there any reports of people being killed or otherwise seriously harmed as a result of advocating reform in the tea industry? 9. What steps have the Kenyan authorities taken to address corruption in the tea industry or other industries? 10.
    [Show full text]
  • Kenya – Whistle-Blowers – Corruption – Opposition Parties – Political Activists – Ethnic Pokomo
    Refugee Review Tribunal AUSTRALIA RRT RESEARCH RESPONSE Research Response Number: KEN34144 Country: Kenya Date: 16 December 2008 Keywords: Kenya – Whistle-blowers – Corruption – Opposition parties – Political activists – Ethnic Pokomo This response was prepared by the Research & Information Services Section of the Refugee Review Tribunal (RRT) after researching publicly accessible information currently available to the RRT within time constraints. This response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. This research response may not, under any circumstance, be cited in a decision or any other document. Anyone wishing to use this information may only cite the primary source material contained herein. Questions 1. Please provide any information on the protection of “whistle-blowers”, who expose corruption in the Kenyan government. 2. Please provide any information on the treatment of supporters of the Kenyan opposition. 3. Please provide any information on the treatment of those of Pokomo ethnicity. RESPONSE 1. Please provide any information on the protection of “whistle-blowers”, who expose corruption in the Kenyan government. Sources quoted below report that government corruption remains a problem in Kenya. The Witness Protection Act was passed in 2006, however, delays with implementation and weaknesses in the Act limit its effectiveness. Whistle-blowers in Kenya are at risk of violence and discrimination. The information provided in response to this question has been organised into the following eight sections: • Government Corruption; • Kenya Anti-Corruption Commission; • Whistleblower Reporting System; • Witness Protection; • Effectiveness of Witness Protection; • Freedom of Information Bill; • Other Laws; • Examples of Whistle-Blowing.
    [Show full text]
  • Effectiveness of Anti-Corruption Agencies in East Africa Kenya
    Effectiveness of Anti-Corruption Agencies in East Africa Kenya AFRICA REGIONAL OFFICE (AfRO) POLICY BRIEF 2016 Open Society Foundations 2016 This publication is available as a pdf on the Open Society Foundations website or the AfRO website under a Creative Commons licence that allows copying and distributing the publication, only in its entirety, as long as it is attributed to the Open Society Foundations and used for non-commercial educational or public policy purposes. Photographs may not be used separately from the publication. Published by: Open Society Foundations ISBN: 978-1-928332-09-1 For more information contact: AfRO PO Box 678 Wits, 2050 Johannesburg, South Africa [email protected] www.afro.org Open Society Initiative for Eastern Africa (OSIEA) ACS Plaza, Lenana Road, Nairobi, Kenya www.osiea.org Layout and printing: COMPRESS.dsl | www.compressdsl.com Contents I State of corruption in Kenya 1 II Anti-corruption framework 4 III Recommendations 8 Annex: EACC performance and asset recovery 10 I: State of corruption in Kenya Anti-corruption has been a major policy issue in Kenya since the early 1990s. At first opposed by the government as a foreign donor imposition, it was gradually adopted and even appropriated. Despite its domination of political competition rhetoric, corruption in Kenya’s public sector remains endemic, even after a number of regime changes. Citizens report bribery experiences with great frequency. An NGO website contains records of citizen complaints about officials’ bribery demands. Following the advent of multiparty democracy in 1992, the media and civil society have since frequently exposed corruption scandals in an environment that is less repressive – yet corruption continues with impunity.
    [Show full text]
  • Decolonising Accidental Kenya Or How to Transition to a Gameb Society,The Anatomy of Kenya Inc: How the Colonial State Sustains
    Pandora Papers: The Kenyatta’s Secret Companies By Africa Uncensored Published by the good folks at The Elephant. The Elephant is a platform for engaging citizens to reflect, re-member and re-envision their society by interrogating the past, the present, to fashion a future. Follow us on Twitter. Pandora Papers: The Kenyatta’s Secret Companies By Africa Uncensored President Uhuru Kenyatta’s family, the political dynasty that has dominated Kenyan politics since independence, for many years secretly owned a web of offshore companies in Panama and the British Virgin Islands, according to a new leak of documents known as the Pandora Papers. The Kenyattas’ offshore secrets were discovered among almost 12 million documents, largely made up of administrative paperwork from the archives of 14 law firms and agencies that specialise in offshore company formations. Other world leaders found in the files include the King of Jordan, the prime minister of the Czech Republic Andrej Babiš and Gabon’s President Ali Bongo Ondimba. The documents were obtained by the International Consortium of Investigative Journalists and seen by more than 600 journalists, including reporters at Finance Uncovered and Africa Uncensored, as part of an investigation that took many months and spanned 117 countries. Though no reliable estimates of their net worth have been published, the Kenyattas are regularly reported to be one of the richest families in the country. The Kenyattas’ offshore secrets were discovered among almost 12 million documents, largely made up of administrative paperwork from the archives of 14 law firms and agencies that specialise in offshore company formations.
    [Show full text]
  • A Study of Commissions of Inquiries in Kenya
    AFRICA CENTRE FOR OPEN GOVERNANCE (AfriCOG) ______FIRST REPORT______ A study of Commissions of Inquiries in Kenya AfriCOG Reports 2007 Page 1 of 26 1.0 INTRODUCTION Commissions of Inquiry have been a favored tool of both the Moi and the Kibaki Government. However, a cursory survey of the results of commissions of inquiry since the 1980s raises disturbing questions whether such inquiries serve any purpose at all. Or alternatively, whether the public resources justify the use they serve invested in them. The Goldenberg Commission of Inquiry completed its report in October 2005. Its chairman Justice Bosire only presented its reported to the President in February 2006. Concerns have been raised as to the timing of the presentation of the report and the underlying motivation. This may in itself tend to cast a shadow over the report’s conclusions. Justice Bosire is quoted in the media expressing reservations on the effects on the independence of the judiciary of entrusting it with what are essentially political tasks. In the wake of the Anglo-Leasing scandals, voices have been raised calling for a commission of inquiry into the scandal. It may be inappropriate to institute such a commission before the conduct of an audit into whether such a strategy is appropriate and will fulfill the aims with which it is likely to be tasked. The purpose of this audit is six fold: 1. To assess the public interest arguments that have been used to justify establishing commissions of inquiry; 2. To determine how effective commissions of inquiries have been in answering the issues before them and making implement able recommendations; 3.
    [Show full text]
  • Chapter One Introduction
    Chapter One Introduction Imagine trying to cover Northern Ireland‟s troubles without using the words „Protestant‟ or „Catholic‟. Or reporting Iraq without referring to „Shias‟ and „Sunnis‟. The attempt would be absurd, the result unfathomable. And yet, in Kenya‟s post-electoral crisis, that is exactly what much of the local media doggedly tried to do. When we read an account in a British newspaper of shack-dwellers being evicted from a Nairobi slum, or see on the BBC gangs attacking inhabitants in the Rift Valley, we are usually told whether these are Kikuyus fleeing Luos, or Kalenjins attacking Kikuyus. But, in Kenya, this particular spade is almost never called a spade. No, it‟s "a certain metal implement". The "problem of tribalism" may be obsessively debated, the gibe of "tribalist" thrown with reckless abandon at politicians and community leaders, but it is just not done to identify a person‟s tribe in the media. The results, given a crisis in which the expression of long-running grievances has taken the most explicit ethnic form, can be opaque. When Mr Maina Kiai, chairman of the Kenya National Commission on Human Rights, addressed displaced people in Eldoret earlier this year, he was booed and heckled. Kenyan media reported the incident without explaining why. The answer was that the displaced he met were mostly Kikuyus, and Kiai, a vocal Kikuyu critic of a Kikuyu-led Government, is regarded by many as a traitor to his tribe. Sometimes, the outcome is simply bizarre. When one newspaper ran a vox pop in January, one entry was meant to capture vividly the predicament of a 15-year-old girl of mixed parentage.
    [Show full text]
  • 1952-2010: Prospects and Challenges of the Ethics and Anti-Corruption Commission Under the 2010 Constitution James T
    Loyola University Chicago, School of Law LAW eCommons Faculty Publications & Other Works 2011 Kenya’s Long Anti-Corruption Agenda: 1952-2010: Prospects and Challenges of the Ethics and Anti-Corruption Commission Under the 2010 Constitution James T. Gathii Loyola University Chicago, School of Law, [email protected] Follow this and additional works at: http://lawecommons.luc.edu/facpubs Part of the International Law Commons Recommended Citation James T. Gathii, Kenya’s Long Anti-Corruption Agenda: 1952-2010: Prospects and Challenges of the Ethics and Anti-Corruption Commission Under the 2010 Constitution, 4 L. & Dev. Rev. 182 (2011) This Article is brought to you for free and open access by LAW eCommons. It has been accepted for inclusion in Faculty Publications & Other Works by an authorized administrator of LAW eCommons. For more information, please contact [email protected]. Kenya’s Long Anti-Corruption Agenda - 1952-2010: Prospects and Challenges of the Ethics and Anti-Corruption Commission Under the 2010 Constitution James Thuo Gathii Associate Dean for Research and Scholarship and Governor George E. Pataki Professor of International Commercial Law, Albany Law School ([email protected]) Draft November 27, 2010 1 Table of Contents Introduction ................................................................................................................................................... 3 Part I: Initial Steps in the Fight against Corruption ...................................................................................... 6
    [Show full text]