1. Tukomeshe Ufisadi, Tuijenge Kenya
Combating Corruption, Unethical Conduct and Practices within the County Governments Vincent O. Okong’o Director, Preventive Services Ethics and Anti-Corruption Commission Travellers Beach Hotel Mombasa 24th June 2015
Tukomeshe Ufisadi, Tuijenge Kenya

2. Outline Part I: Introduction Part II: EACC Strategies
Key concerns on devolution
Mandate of EACC
Evidence on corruption in counties
Part II: EACC Strategies
Key Anti-Corruption Strategies and Programs for counties
Institutionalizing Anti-Corruption in Counties
Part III: Challenges & role of ICPSK
Challenges in the Fight Against Corruption
Role of ICPSK

3. Part I: Introduction
“I often wonder whether we do not rest our hopes too much upon constitutions, upon laws and upon courts. These are false hopes. Integrity lies in the hearts of men and women; when it dies there, no constitution, no law, no court can save it; no constitution, no law, no court can even do much to help it.”
Anonymous

4. Background
Corruption is the single greatest obstacle to economic and social development.
Undermines development by:
Distorting the rule of law and promotes impunity
Weakening institutional foundations which economic growth depends on
Disincentive effects to investments
Disallocative effects - moving resources from public good projects to private hands

5. Background cont’d
Devolution - the cornerstone towards the attainment of the Kenya Vision 2030 goals and priorities.
Objects of Devolution (Articles 174 and 175 of the Constitution):
Promotion of democracy and accountability in the exercise of power
Fostering national unity by recognizing diversity
Enhance people’s self-governance
Enable people manage their own affairs
Protect and promote interests and rights of minorities and the marginalized
Ensure equitable sharing of resources
Devolution opens avenues for corruption

6. Key Concerns with Devolved Resources
Corruption always follows resources yet no systems to manage devolved funds and ensure transparency and accountability
Devolution is a new phenomenon whose implementation in Kenya is as recent as March 2013
County Governments have not yet established robust structures and systems to address the challenges of accountability and good governance
Outright violation of laws and regulations governing county governments the rules governing recruitment, procurement and financial management, 30% rule in recruitment not being followed

7. Governance Challenges in Kenya
Capture of state institutions through political processes
Public apathy/ignorance
Failure of citizens to discharge their civic responsibility
Poor leadership in various spheres of life
Weak oversight framework
Greed and glorification of corruptly acquired wealth

8. Mandate of EACC
Enforce compliance with the requirements of leadership and integrity as provided in Chapter Six
Vested with the powers to:
Investigate and recommend prosecution
Trace and recover corruptly acquired assets
Promote best practices in ethics and integrity
Prevent corruption through systems review
Conduct public education on corruption and ethical issues
Offer Advisory services on combating and preventing corruption
Partnership with stakeholders in the fight

9. Functions of EACC
Investigation into corruption offences and recommending to DPP for prosecution
Public property tracing, recovery and/or protection
Court proceedings towards freezing or confiscation of proceeds of corruption or related to corruption, payment of compensation, or other punitive or disciplinary measures.
Proceedings for forfeiture of unexplained assets
Prevention of corruption and unethical practices
Public Education and awareness of corruption and ethical issues
Conciliation, mediation and negotiation

10. Functions cont’d Advisory services on matters within its functions
Enforcement of ethics and integrity laws under chapter six of the constitution
Partnerships with state and public officers to promote ethics and integrity
Developing and promoting standards and best practices in integrity
Developing codes of conduct
Overseeing enforcement of codes of ethics for public officers
Investigating and recommending prosecution for violation of codes of ethics
Monitoring the practices and procedures of public bodies to detect corruption and secure revision of methods of work

11. Corruption and Unethical Conduct in County Governments
Corruption is real in county governments as evidenced by:
Corruption reports received and currently under active investigations at EACC
Intelligence information on operations of some county officials currently being processed at EACC
KENAO reports revealing misuse of funds
Increasing Public outcry and stakeholder concern
Investigative Media reports

12. Perceived level of corruption in the county governments (EACC, 2014)

13. Reasons for perceived level of corruption in the county governments

14. Prevalent forms of corruption in the county governments

15. High Corruption Risk Areas in County Governments
Recruitment of personnel
County public procurement
County Financial Management
Planning and Management of county projects;
County legislative duties

16. Common Forms of Corruption in County Governments
Tyranny of ghosts: ghost projects, assets, liabilities, procurement, payroll etc
Conflict of interest
Bribery
Abandoning existing infrastructure in favour purchasing or renting at exaggerated costs
Procurement of goods and services not budgeted for or exceeding budgets
Irregular expenditure on unnecessary trips at the expense of development
Fraudulent claims of allowances

17. Common Forms of Corruption in County Governments cont’d
Willful failure to comply with procurement laws and procedures
Abuse of office
Nepotism and ethnicity in recruitment and mismatch between skills and positions
Irregularities in procurement of residences and offices
Serving vested interests to the detriment of public interest;
Resisiting oversight by watchdog agencies;

18. Common Forms of Corruption in County Governments cont’d
Overlooking recommendations for reform;
Manupilation through political processes;
Unethical conduct such as fighting;
Failure to consider public input and facilitate public participation in county governance;
Receiving gifts not allowed by law;

19. County Ranking (EACC, 2014)
Bribery is the most prevalent form of corruption in public service delivery thus county ranking is based on bribery indices.
Top five counties on bribery demands:

20. County Ranking Below five counties on bribery demands: Rank County
Average bribe demands (Frequency) 42
Lamu
1.0
Taita Taveta
Mandera
Isiolo
Nyamira

21. Part II: Strategies to Mitigate Corruption in County Governments What EACC is Doing

22. Objectives: To prevent corruption and unethical practices
To promote integrity and ethics in the county public services
To create public education and awareness
To enhance ethical culture and integrity through education, training and awareness
To detect, deter and punish corruption
Enforce anti-corruption laws.

23. 1. Preventive Strategy Focus: Components:
Strengthen systems of governance and service delivery
Eliminate loopholes and opportunities for corruption
Raise the bar on integrity and ethics in public institutions
Components:
Prevention Advisories
Corruption Risk Assessment and Management
Development of governance instruments and establish strong systems for accountability to prevent and combat corruption.

24. Preventive Strategy cont’d
20 Counties covered:
Bungoma, Uasin Gishu, Meru, Narok, Kakamega, Nyamira, West Pokot, Migori, Nandi, Isiolo, Nairobi, Kitui, Machakos, Trans-Nzoia, Taita taveta, Kiambu, Lamu, Samburu, Kilifi and Nyandarua.
Output:
Action plan signed by the County Government as a commitment to address corruption in their respective departments, functions and operations.

25. 2. Education, Training and Public Awareness Strategy
Focus:
Public Outreach clinics (caravan and local media)
Training of county government staff
Training of MCAs
8 Counties covered:
Nyamira, West Pokot, Migori, Nandi, Isiolo, Machakos, Lamu, and Kilifi
Output:
Action Plans for County Assemblies
Corruption reporting
Increased oversight and social audit of county governments.

26. 3. Promotion of integrity and ethical standards in public service
COK 2010 ushers in a major paradigm shift in the governance of the nation
It alters governance structures and places heavy responsibilities on all persons entrusted to serve in public office.
It introduces a raft of measures aimed at addressing the historical challenges of governance which have bedeviled the country since independence.
Key among such measures is the provision for leadership and integrity in the Constitution.
Chapter 6 seeks - servant and transformational leadership by demanding high standards of integrity and ethical conduct for State and Public Officers.

27. Ethics and Leadership cont’d
As required under Article 80 of the Constitution, Parliament enacted the Leadership and Integrity Act (LIA), 2012:
Establishing procedures and mechanisms for effective administration of Chapter Six of the Constitution on leadership and integrity.
Provides for Leadership and Integrity Codes setting out the leadership and Integrity standards expected of State and Public Officers

28. Ethics and Leadership cont’d
LIA - ensures that State Officers uphold and respect the values, principles and requirements of the Constitution while discharging public duty. These include:
National values and principles of governance
Rights and fundamental freedoms
Responsibilities of leadership and principles governing the conduct of state officers
Educational, moral and ethical requirements for persons seeking elective office
Objectives of devolution
Values and principles of public service.

29. Key Activities under LIA
Integrity clearance of persons seeking public office – meeting integrity threshold under Chapter Six
Training and Sensitization of State and Public Officials on Leadership and Integrity to promote compliance with Chapter Six and other leadership and integrity laws
Investigations aimed at enforcing leadership, integrity and anti-corruption laws among state and public officers recommendations forwarded to the Director of Public Prosecutions for action;

30. Key Activities under LIA cont’d
Development of Regulations for Implementing the Leadership and Integrity Act.
Review and approval of leadership and integrity Codes for State Officers with a view to institutionalizing a culture of integrity in public service
Technical advisories on compliance with Chapter Six of the Constitution to equip State and Public Officers with the requisite knowledge and skills necessary or compliance with Chapter Six

31. Key Activities under LIA cont’d
Declaration of Income Assets and Liabilities in line with Section 26 (1) of the Public Officer Ethics 2003 which provides that:
Every public officer shall, once every two years as prescribed under Section 27, submit to the responsible Commission for the public officer a declaration of the income, assets and liabilities of himself, his spouse or spouses and his dependent children under the age of 18 years.
Wealth declarations:
Match the assets and liabilities of public officers with their incomes
Seek clarifications for any disproportion there might be.

32. 4. Investigation of Corruption and Economic Crime
Investigations being carried in a numbers of counties based on:
Reports made to the Commission
Intelligence reports
Interagency cooperation with the Kenya National Audit Office
Information from the public
596 Reports Received concerning County Governments (Executives), 1st January 2013 to 19th June 2015

33. Nature of Complaint
No.
% of total
Embezzlement/Misappropriation of Public Funds
130
21.81
Abuse of Office
107
17.95
Public Procurement Irregularities
104
17.45
Maladministration 49
8.22
Civil Issues 42
7.05
Bribery 36
6.04
Fraudulent Acquisition and disposal of public property 28
4.70
Unethical Conduct
Fraud 23
3.86
Conflict of interest 21
3.52
Labour Issues 10
1.68
Penal Code Offences 8
1.34
Bid Rigging 5
0.84
Breach of Trust 3
0.50
Unexplained Wealth 1
0.17
Deceiving the Principal
Total
596
100.00

34. 5. Regional Expansion Regional Presence:
Upper Coastal Regional (Malindi Office)
Lower Coastal Regional (Mombasa Office)
North Eastern Regional (Garisaa)
Upper Eastern Regional Office (Isiolo)
Lower Eastern Regional Office (Machakos)
Central Regional Office (Nyeri)
South Rift Regional (Nakuru)
North Rift Regional Office (Eldoret)
Western Regional Office (Kisumu)
Satellite offices (JKIA and Malaba)
Huduma Service Centers

35. 6. Institutionalization of the War Against Corruption
Leadership, commitment and focus
Integrity/corruption prevention committees (mainstreaming anti-corruption strategies);
Develop and implement various governance instruments – policies, codes, service charters
Training and awareness of staff on integrity and anti-corruption issues
Implement integrity reward scheme to motivate outstanding officers

36. Institutionalization of the War Against Corruption cont’d
Enforce effective performance management systems (PCs);
Integrity Testing Programme;
Strengthen internal controls to seal loopholes;
Open and maintain gifts and conflicts of interest registers in line with LIA;
Develop and review Codes of Conduct and Ethics;
Benchmark best performing institutions

37. Part III: Issues/Challenges and the Role of ICPSK in Combating and Preventing Corruption

38. Challenges in the Fight Against Corruption
The Complex and Secret nature of corruption
Cross Border Aspect of Corruption
Insufficient technology in anti-corruption processes
Entanglement of the Body Politic in Corruption
Weak institutional framework for fighting corruption and promoting ethics and integrity
Citizen apathy and inadequate public participation in governance processes

39. Role of ICPSK in Combating and Preventing Corruption
Take up and discharge the role of professionals in county governance
Remove quacks from professional services
Enhance commitment to quality management and promote best practices
Enhance commitment of members to professional ethics
Increase integrity and anti-corruption awareness
Initiate public debate on good governance
Name and shame corrupt professionals

40. Conclusion God Bless Kenya
A successful war against corruption requires a multi-sectoral approach. All stakeholders are called upon to discharge their respective roles for the nation to register meaningful success in the fight.
God Bless Kenya