BRIBERY &

CORRUPTION RISK
ASSESSMENT (BCRA)
COMMITTEE

24th AUGUST, 2022

LAWS GOVERNING
BRIBERY &
CORRUPTION IN KENYA
Presented by:
Mitch Ojwang
 PRESENTATION OUTLINE

1. Bribery Act & Regulations

2. Anti-Corruption & Economic Crimes
3. Public Officer Ethics Act
4. Witness Protection
BRIBERY ACT
Bribery Offences
1.Section 5 - Giving a bribe
 Giving a bribe by offering financial or other form of advantage, to influence the
improper performance of an activity or function.
 It does not matter whether the recipient of the advantage is the same person
conducting the activity or function.

2.Section 6 – Receiving a bribe

 It is an offence to request or receive any form of advantage to influence the
proper performance of an activity or function.

3.Section 8 – Foreign public officials

 Any person who bribes a foreign public official to influence their capacity
commits an offence.
 A foreign public official includes:
• An international civil servant
• Judicial, administrative or legislative official of a foreign country
• An official exercising a public function of a foreign country
BRIBERY ACT
1. Section 13 – Enabling bribery
 It is an offence to:
 Knowingly assist a person to obtain a bribe;
 Obtaining, acquiring or having possession of property connected with bribery;
 Recording property in accounts that are proceeds of bribery.

2. Section 14 – Duty to report

 A public officer is required to report any bribery case to the EACC within 24
hours, otherwise they will be liable.

3. Section 21 – Witness protection

 Any form of intimidation or harassment of a witness to a bribery case amounts to
an offence.
BRIBERY REGULATIONS
1. Section 4 – Establishment of procedures
 Public entities are required to establish procedures for prevention of bribery and
corruption.

2. Section 13 – Timeline
 Public entities are required to establish the procedures within 6 months following
date of publication of guidelines by EACC.

3. Section 14 – Making a report

 A public officer shall report to the EACC:
 In person or telephone;
 In writing or email;
 Anonymous system or through a 3rd party.

4. Section 18 – Confidentiality
 The institute to ensure confidentiality of the report and protection of the witness.
ANTI-CORRUPTION & ECONOMIC CRIMES ACT
1. Section 41- Deceiving a principal
 If an agent gives misleading information or false documentation to his principal is
guilty of an offence.

2. Section 42 – Conflict of interest

 It is an offence for a public officer to acquire a private interest in a contract
connected to the Institute.

3. Section 44 – Bid rigging

 It is an offence to solicit or receive a benefit or advantage to influence the
submission, alteration or withdrawal of a tender, quotation or bid.

4. Section 45 – Public property (*including money)

 Unlawful acquisition, registration of mortgage or charge, damage or failure to pay
taxes is an offence.
 Payment from public revenues to purchase defective goods, goods not supplied or
services not rendered is an offence.
 Engagement of activities without prior planning or failure to comply with
procurement procedures and tendering regulations is an offence.
ANTI-CORRUPTION & ECONOMIC CRIMES ACT
1. Section 46- Abuse of office
 A person who uses his office to confer a personal benefit on himself or anyone
else commits an offence.

2. Section 47 – Handling suspect property

 A person who handles property acquired or connected to corrupt conduct commits
an offence.

3. Section 47 – Conspiracies
 A person who conspires or incites another to commit corruption or an ecomonic
crime is guilty of an offence.
PUBLIC OFFICER ETHICS ACT
1. Section 11 – No improper enrichment
 A public officer will not use his office to aqcuire property and improperly enrich
himself or others.

2. Section 12 – Conflict of interest

 A public officer shall avoid situations where his personal interests are in conflict
with his official duties.

3. Section 15 – Care of property

 A public officer shall ensure any kind of property under their custody is not
misused nor misappropriated.

4. Section 17 – Nepotism
 A public officer shall not practice nepotism or any form of favourism.

5. Section 32 – Declarations of income, assets and liabilities

 A person who fails to, or submits false or misleading declarations is guilty of an
offence.
WITNESS PROTECTION ACT
1. Section 4 – Protective action
 The Witness Protection Agency is established to maintain a witness protection
program and mandated to preserve the welfare of witnesses.