Preventing bribery and corruption in Kenya

ALN Academy Podcast

The ALN Academy Talks aims to promote conversations on rule of law and good governance across Africa for the development of the continent. We were delighted to host, Luisa Cetina, Director at ALN Kenya | Anjarwalla and Khanna who spoke on the recent guidelines issued by the Attorney General of Kenya for the preparation of procedures for the prevention of bribery and corruption in the country.
The requirement on public and private entities to put in place procedures for the prevention of bribery and corruption is an obligation imposed by the Bribery Act. The Act provides that where a private entity fails to put in place the necessary procedures to prevent bribery and corruption and that failure is proved to have been committed with the consent or connivance of a director or senior officer of the entity, then that director or senior officer shall be liable upon conviction.
Some of the salient features of these guidelines include various aspects of the guidelines that stand out. First is the requirement for entities to assess and map out bribery and corruption-related risks within their operations and develop a plan to mitigate those risks. Secondly, entities are required to have reporting mechanisms that facilitate timely reporting, access to reporting channels, confidentiality and the protection of whistle-blowers, informants, and witnesses. Lastly, there is a requirement to have a framework that allows for the protection of whistleblowers, informants and witnesses. This partly includes maintaining the confidentiality of the identity of whistle-blowers, informants and witnesses, the details of the bribery or corruption report, and the sources of information relating to the bribery or corruption report.
Members of any organisation should feel safe and have a work environment that allows any potential witnesses or whistleblowers to confidently come up and report cases of bribery and corruption. Action should be taken against those who breach laws/policies relating to the prevention of bribery and corruption.
The National Assembly has published the Whistleblower Protection Bill,2021. The Bill principally seeks to set out procedures for disclosing information on improper conduct within the public and private sectors and provide for a legal and institutional framework for the protection of whistleblowers. The Bill is still undergoing the legislative making process further details shall be provided once it is enacted into law.
ALN Kenya | Anjarwalla & Khanna, through its Dispute Resolution and Forensics and Investigations teams, has extensive experience providing investigatory, legal and advisory support to clients about Anti-Corruption and Bribery matters such as the development and implementation of prevention procedures in line with the statutory compliance obligations, as well as assistance to clients on their risk assessment, management and mitigation processes. Additionally, through Adili Trust One Limited one of ALN Kenya | Anjarwalla and Khanna’s affiliates, it provides state of the art whistleblowing services for entities.
The fight against bribery and corruption across Africa is a priority for national governments as well as international investors. Corruption is viewed as a cross-border issue and countries are cooperating via mutual legal assistance to fight against it. Foreign investors and companies operating in Africa have to comply with laws governing bribery and corruption or risk criminal sanctions and reputational damage.