People convicted of high-value corruption could no longer escape with lighter penalties, with the government proposing mandatory minimum jail terms as part of a fresh push to toughen punishment for graft.
The proposal is contained in the draft National Ethics and Anti-Corruption Policy, which sets out a range of measures aimed at strengthening the fight against corruption and improving the recovery of money and property linked to graft.
Under the proposed policy, people and entities found guilty of corruption would face tougher penalties, including mandatory minimum prison sentences for high-value corruption cases.
“This includes introducing mandatory minimum sentences for high-value corruption, strengthening civil recovery mechanisms and ensuring that administrative sanctions.”
The policy also proposes administrative sanctions for people found guilty of corruption. These would include barring offenders from holding public office and preventing them from securing government contracts.
The proposed measures come as anti-corruption agencies continue to pursue suspected proceeds of crime through civil litigation.
In recent years, the agencies have stepped up efforts to recover assets suspected to have been acquired through corruption, using civil cases as one of the avenues for pursuing such property.
Another measure involves state officers facing corruption charges, who are required to step aside while their cases are being handled.
However, the requirement has rarely been implemented and, in some cases, has been delayed or frustrated by appeals.
A number of corruption cases have also been resolved through plea bargains instead of going through lengthy trials.
The government is now proposing a review of anti-corruption laws within two years to establish areas where the existing legal framework has overlaps, inconsistencies, gaps or barriers that make enforcement difficult.
The draft policy also places political and campaign financing under scrutiny, with the government linking unregulated political money to corruption.
Parliament and the Independent Electoral and Boundaries Commission would be expected to put into operation regulations covering political party funding and election campaign expenditure.
The proposed regulations would introduce ‘real-time disclosure requirements, spending limits and sanctions for non-compliance’.
The government says controlling political financing is a key part of the proposed reforms because of the connection between unregulated political money and corruption.
“Given the well-documented link between unregulated political finance and systemic corruption in Kenya, this is a priority legal reform that shall be completed within 24 months of the adoption of this Policy,” the policy reads.
The changes would bring greater attention to money flowing into political parties and election campaigns, including the sources of the funds and the amounts involved.
The proposed reforms come against a backdrop of continued delays in the investigation, prosecution and conclusion of corruption and economic crime cases.
Such delays have remained a major concern in the fight against graft, with cases sometimes taking years before reaching a final outcome.
In recent years, some high-profile corruption cases have moved away from lengthy trials, with negotiated settlements, plea agreements and asset recovery becoming part of the way some cases are handled.
The approach has prompted anti-graft campaigners to question whether the government should focus more on punishing those found guilty, recovering stolen money and property, or pursue both at the same time.
The draft policy points to delays in resolving corruption cases as a major problem, saying they “undermine deterrence, public confidence, asset recovery efforts and the effective administration of justice.”
The proposed reforms therefore seek to address several areas at once, from the punishment of high-value corruption and recovery of suspected proceeds of crime to restrictions on public office and government contracts.
The policy would also bring political party funding and campaign expenditure under tighter rules, while calling for a review of existing anti-corruption laws to address weaknesses that may be slowing down enforcement.