PUBLIC AND PRIVATE ENTITIES TO PUT IN PLACE PROCEDURES FOR PREVENTION OF BRIBERY AND CORRUPTION

By CPA Ondimu Stanislas One of the manifestations of corruption, common in Kenya, is bribery. The private sector (the supply side) initiated the Anti-Bribery Act, Cap 79B, which was enacted into law and came into force on 13th January 2017. The Anti-Bribery Act Cap 79B is modelled on the United Kingdom Anti-Bribery Act and was enacted to aid in the prevention, investigation and punishment of bribery in Kenya. Its ambit covers both public and private sectors. The Act provides for a wide range of bribery offences and grants the Ethics and Anti-Corruption Commission a robust mandate to combat bribery in the public and private sectors. The Act also provides protection for whistle-blowers to encourage disclosure of not only bribery but also all forms of corruption. The scope of application of the Act covers the public sector, private sector, private persons, registered businesses, partnerships, foreign public officials, and non-governmental organisations, among others. The Anti-Bribery Act, Section 9 (1), requires all public and private entities to put in place procedures appropriate to their size, scale, and nature of operations for the prevention of bribery and corruption. To fully operationalise this law, the Anti-Bribery Act Cap 79B, under sections 12(1) and 22, requires the Attorney General to publish Regulations and Guidelines to assist private and public entities in preparing procedures for the prevention of bribery and corruption. The Anti-Bribery Regulations, 2022 were published on 24th May, 2022, via Kenya Gazette Supplement No. 82 as Legal Notice No. 88, while the Guidelines to assist private and public entities in the preparation of procedures for the prevention of bribery and corruption were gazetted on 27th May, 2022, via Kenya Gazette Vol. No. CXXIV-NO. 96 as a Gazette Notice No. 6022. It’s a requirement under this legislation that the established procedures for the prevention of bribery and corruption in both public and private entities

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UNLOCKING URBAN REVENUE

By CPA|CS Nancy Mwacharo Value-Capture and Land-Based Financing for Municipal Growth Urban areas across Kenya and much of the developing world

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