Good Governance - Strengthening Integrity and Accountability
The Kenyan state is unable to track up to $4 billion annually to corruption, which is about 25-30% of the total budget; the Annual Report of the board of audit for the financial year 2011/12 that was published in October 2013 further confirms that, one-third of public funds are lost annually through abuse and corruption. The external and internal climate for investment is evidently damaged, as has been revealed by Transparency International over the years. The observed discrepancy between the ongoing economic growth and falling income is – among others – caused by corruption-related unequal access to public services. In particular, marginalized groups are excluded from services, thereby increasing the potential for conflict in Kenya.Moreover, the ongoing devolution process which partially transfers power and resources to local governments bears the risk to likewise devolve corruption to 47 new layers of administrative structures and stakeholders.
The development in Kenya in recent decades shows that a corrupt administration at national and devolved level does not implement the substantive and financial plan requirements.There is a lack of effective control and supervision mechanisms in internal and external administration processes.Administrative sanctions as deterrents are lacking, even where abuses were revealed. The administration sector lacks incentives, because corruption based non- or poor performance is neither sufficiently sued by the citizens nor sanctioned by the state
Objective and Approach of German Development Cooperation
Germany continues its support to anti-corruption measures in the country with a newly conceptualised good governance programme in support to accountability and integrity integrating the entire chain of actors involved from prevention to sanction. The aim is to address the state’s misconduct where it arises, directly in the allocation of government goods, whereby the integrity of state administrative actions will be strengthened as well as the chain of accountability and law enforcement.
The German engagement focuses on five areas of activity that cover the different elements of an effective fight against corruption and abuse of power: (1) Strengthening the mechanisms for the prevention of corruption, (2) Strengthening the capacity for detection and investigation of corruption and cases of abuse of power, (3) Improving conditions for non-judicial remedies of corruption and abuse of power, (4) Strengthening the capacity to prosecute and convict cases of corruption and (5) Improving the coordination of anti-corruption initiatives. Principal stakeholders are the independent supervisory institutions, such as the Ethics and Anti-Corruption Commission, the Auditor General, the Ombudsman and the Court of Auditors and the relevant actors in criminal justice and the civil society.
Examples: What are the achievements?
Technical support for programme-based budgeting as well as the integrated finance management information system (IFMIS) allowed for a transparent budgeting and respective audit mechanisms which therefore improved access for parliamentary and public control.
By strengthening the parliamentary budget office “Controller of Budget", as well as the Judiciary to ensure accountability, public pressure has been increased and contributed to a strengthened performance orientation in public administration.
The public procurement procedures are publicly available as well as the award of public decisions. A complaint mechanism has been introduced.
The number of detected and prosecuted corruption cases, have more than doubled in between 2009 (61) and 2012 (236). This is mainly due to German support to strengthening the Ethics and Anti-Corruption Commission, the Office of the Director of Public Prosecution, the Courts as well as contributing to improved coordination of the actors.
The strengthening of governmental and non-governmental oversight institutions allowed for an increase in detection and correction of various abuses of public power (such as irregular awards of school constructions, discrimination of internally displaced persons, lack of compensation for victims of state terror (Wagalla), subsidizing fraud in the agricultural sector).
Germany supported the establishment of a so-called one-stop complaints centre (“Sema! Piga Repoti!”), the Integrated Public Referral Complaints Mechanism (IPCRM). Here, the Ethics and Anti-Corruption Commission, the Ombudsman, the Kenya National Human Rights Commission, the National Cohesion and Integration Commission and non-state actors are joining their efforts in oversight and control at the county level. So far, about 13,000 people have been reached directly at the county level in Kisumu, Nyeri, Kitale, Mombasa and Wajir. This led to a significant increase in complaints reported by citizens, especially in the remote regions.