The Kenya country profile provides a detailed analysis of the country's efforts in curbing corruption, but does also dig into Kenya's challenges and the effects of these on its business climate throughout its chapters devoted to
Business and Corruption
and the country's
Regulatory Environment
. The government has aimed at containing corruption by creating a new independent
Ethics and Anti-Corruption Commission
(EACC) and other detailed additional legislation, such as a new media law, as well as carrying out judicial reform, for instance:
- An increasing number of government agencies have codes of conduct and on-going reforms of the public financial management (PFM) systems are meant to enhance transparency and accountability of public services.
- An ethics and governance committee of the judiciary has been established to assess the level of corruption in the judiciary, report on individual cases and recommend remedial measures.
- The government launched an
Open Data Portal,
making Kenya the first African country to make government data accessible to ordinary citizens via the Internet.
- The reconstitution of the Judicial Service Commission has led to progress within the judiciary with decreasing executive influence.
However, the government still faces challenges in curbing this phenomenon.
Challenges include:
- Despite market reforms, several business surveys reveal that business corruption is still widespread and that companies frequently encounter demands for bribes and informal payments to 'get things done' in Kenya.
- The public procurement sector in Kenya suffers widespread corruption.
- The use of agents to facilitate business operations and transactions in Kenya is widespread and poses a risk for companies, particularly at the market entry and business start-up stage.
- Despite positive developments, the Kenya Anti-Corruption Commission (KACC) was disbanded in 2011 and replaced by the newly instated Ethics and Anti-Corruption Commission. Observers describe the new agency as superficial.