Although Kenya’s President Mwai Kibaki was elected in 2002 on a strong anti-corruption platform, the popularity of his administration has fallen precipitously in recent months, due to corruption accusations thrown at the government stemming from 2005. The country’s stance on corruption has further taken a turn for the worse, since the tough anti-corruption legislation passed in 2003 was gutted by the parliament early this month, while it nearly simultaneously voted itself a $22,000 bonus at the end of this session of parliament in December. The new law will prevent the Kenyan Anti-Corruption Commission (KACC) or any other agency from investigating any corruption crimes which occurred before 2003 [1]. This is problematic as the two major corruption scandals which impact current-day Kenya are claimed to have taken place prior to this time.

The KACC was established in 2003 after the passage of the Anti-Corruption and Economic Crimes Act of that year.  In its first years, the KACC doggedly pursued allegations of corruption during the days of ex-President Daniel Arap Moi.  The Goldenberg affair was the largest scheme uncovered and involved $80- 600 million paid for the non-existent export of gold and diamonds, as Kenya produces little gold, and no diamonds [2]. According to Transparency International, the Goldenberg affair was the main factor in the near collapse of the Kenyan economy and the years of slow growth and recession that characterized the 1990s.

In 2005, the KACC uncovered the underpinnings of another corruption scandal, which this time occurred during both the governments of former President Moi and current Present Kibaki. This issue, known as the Anglo Leasing scandal, involved government purchase of passport making equipment from a non-existent European firm, costing the country upwards of $200 million. Days after the initial discovery, Kenya’s leading anti-graft official John Githongo resigned and fled to England [3], to later provide what he described as taped evidence of the involvement of high-ranking government officials in the scandal which Githongo claimed to have previously given to the President, only to be ignored [4]. In the ensuing investigation that year, many government actors were implicated, including Justice Minister Kiraitu Murungi [5], Finance Minister David Mwiraria [6], and Vice President Moody Awori, as well as a handful of members of parliament. While some of these officials have resigned, several others, including Vice President Awori, refused to do so and still hold their jobs today [7]. In addition, four of those who did resign, including Kiraitu Murungi and David Mwiraria, have since been reappointed by President Kibaki as the Minister of Energy [8] and the Minister of Environment and Natural Resources [9], respectively. This scandal caused a great amount of damage to Kibaki, who ran on the promise of eradicating corruption in Kenya.

With this background in mind, the IIJD strongly condemns the law which was passed earlier this month. By preventing the KACC from investigating those allegedly involved in the Anglo Leasing case they are keeping many possible criminals in political power, an act which President Kibaki has done nothing to prevent. The passage of this law gives the impression that the Kenyan Parliament and government have something to hide, and are using this law to shield themselves from prosecution. Considering the sheer volume of money lost to corruption under Moi’s presidency and the damage done to the Kenyan economy, it is imperative that Kibaki live up to his campaign promise, lest Kenya descend into even deeper economic stagnation and poverty at the expense of corrupt and greedy members of government.

[1] BBC. “Kenyan MPs torpedo graft probes”.

[2] BBC. “Kenyan MPs torpedo graft probes”.

[3] BBC. “Corruption haunts Kenya’s leader”.

[4] BBC. “Taped evidence in Kenya scandal”.

[5] BBC. “Taped evidence in Kenya scandal”.

[6] Reuters. “Kenya’s Kibaki returns graft-linked ally to cabinet”.

[7] BBC. “Sleaze hits Kenya’s ‘clean’ leaders”.

[8] BBC. “Taped evidence in Kenya scandal”.

[9] Reuters. “Kenya’s Kibaki returns graft-linked ally to cabinet”.