January 11, 2018
Today’s guest post is written by Ms. Catherine Musakali, a Kenyan lawyer and Managing Partner of Dorion Associates, a consultancy firm in Kenya specializing in governance and compliance matters. Catherine is passionate about governance and helping organizations put together and roll out compliance programs to ensure that business is conducted ethically and in accordance with the law.
In an attempt to vanquish the bribery menace in Kenya, the legislature passed The Bribery Act, 2016 that took effect in January 2017.
The objective of the Act is to criminalize bribery and corruption. The Act sets out offences related to bribery; sets out actions that entities are required to take to prevent bribery; and also outlines the resultant penalties.
The law requires entities to have in place procedures appropriate for the prevention of bribery, relevant to the each entity’s size and complexity. Failure to set up procedures, is an offence for any entity and its directors and senior managers.
- Directly/indirectly giving or receiving financial or other advantage to or by another person in exchange of performing an activity/function. It matters not whether the activity/function is undertaken by the recipient or not or whether the giver/recipient knows or believes the receipt to be improper or not.
- Failure to report bribery
- Failure by an entity to prevent bribery.
- Reprimanding a whistle blower.
- Bribing a foreign public official
- Any person found guilty to have given, received or assisted in the giving or receiving of a bribe is liable to imprisonment for a term not exceeding 10 years, or to a fine not exceeding Kshs. 5m, or both; and may be liable to an additional mandatory fine if the person received a quantifiable benefit or any other person suffered a quantifiable loss.
- Any person who is convicted of an offence under the Act, for which no penalty is expressly provided, shall be liable on conviction lo a fine not exceeding five million shillings, or to imprisonment for a term not exceeding ten years, or to both
- On conviction, directors of companies, partners and state officials are disqualified from holding such positions for specified periods.