Kenya’s Long Anti-Corruption Agenda - 1952-2010: Prospects and Challenges of the Ethics and Anti-Corruption Commission Under the 2010 Constitution

Abstract

In August of 2010, Kenya ratified a new Constitution which includes new measures to counter the deep rooted problem of corruption. Most importantly, it created the Ethics and Anti-Corruption Commission which will replace the Kenya Anti-Corruption Commission when Parliament passes legislation to bring it into existence. Kenya’s corruption legacy however dates back to the colonial period, and yet it was not until the 1990’s under donor pressure that established and enacted broad based anti-corruption initiatives and institutions. Since then, Kenya has made numerous efforts since that time to combat corruption with varying degrees of success. The next effort to combat corruption in the country is now constitutionally acknowledged. However, the independence of the yet to be established Ethics and Anti-Corruption Commission particularly its power to prosecute depends on whether Parliamentary legislation will do so. This paper is the first original analysis of the tumultuous road of how Kenya has sought to deal with corruption starting with the 1952 Prevention of Corruption Act. The starts, stops, delays, failures and successes of Kenya’s numerous efforts to address corruption are critically appraised. This legacy will be instructive in designing the future Ethics and Anti-Corruption envisaged in Kenya’s 2010 Constitution.