A critical analysis of legal and institutional framework in the fight against corruption in Kenya
Ondieki, Alice O
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The focus of this study is the fight against corruption in Kenyaﾷ It presents a critical analysis of the legal and Institutional Framework for fighting corruption in Kenya. The overarching problem in this study is the realization that despite enacting several ant- corruption laws, the vice of corruption is still prevalent. The study has demonstrated that while the Government has pursued anti-corruption programmes since the mid- 1970s, the malpractice has persisted and in some cases intensified, suggesting that the remedial measures have not been significantly effective. The central theme of this study was to establish the adequacy or otherwise of the legal and institutional framework for fighting corruption with a view of suggesting alternatives or additional control measures which can minimize the effects of corruption in Kenya. There is a close interconnectivity and correlation between legislation, institutions and the incidences of corruption on the ground. Hence, this study has explored other antcorruption methods and strategies outside the law to change the prevalent cultures and beliefs through public education and awareness campaigns on the dangers of corruption. The study attempts to specify the different actions that the Government of Kenya bas taken to contain corrupt practices in the public service and in society at large. The actions fall within four broad categories, namely: legislative, judicial, administrative, and civic groups. Secondly, the study assesses the effectiveness of the different anticorruption measures. Thirdly, the study analyses the challenges that face the fight against corruption in Kenya. Fourthly, the study makes recommendations for more effective future legal and policy initiatives in an attempt to entrench honesty and integrity in the Kenyan public service. Chapter Overview Chapter One deals with the introduction, the statement of the problem, objectives of the study, theoretical framework, hypotheses, justification for the study, literature review, and the methodologies employed in the study. Chapter Two deals with the common forms and manifestations of corruption, the role of government in the fight against corruption, the causes and effects of corruption in Kenya, the challenges facing the fight against corruption and the advantages of fighting corruption at all levels. Chapter Three explores the legal framework for fighting corruption. It explains the international, regional and the national institutional and legal framework for fighting corruption. It also looks at the role of non-governmental organizations and community based organizations in the fight against corruption. Chapter Four analyzes the legal and institutional mechanisms that have been put in place to fight corruption in Kenya by critically evaluating the existing legal and institutional mechanisms for fighting corruption. This chapter demonstrates that the legal framework is inadequate as it contains loopholes that impair the fight against corruption in Kenya. Chapter Five gives the conclusions and inferences drawn from the study and suggests the way forward by way of recommendations.