Sensitization of the UoN CBPS Staff
on Anti-corruption Strategies and the
Implementation of the Integrity
Testing Programme
A Presentation by the Chief Legal
Officer, Ms. Rebecca Waigwe Ngondo
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The University of Nairobi
 Vision:
A world-class university committed to scholarly
excellence
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WHAT IS
CORRUPTION?
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1.0 WHAT IS CORRUPTION?
 Derived from Latin word – “corruptus” meaning “to
break”.
 Symbolizes a breakdown in:
a) Ethical and moral values;
b) Systems and institutions of governance;
c) Societal traditions and personal behaviors.
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1.0 WHAT IS CORRUPTION CONT’D?
 There is no universal definition of corruption, but the following are a few
opinions and definitions of corruption obtained from different sources;
a)
b)
c)
d)
Abuse of socially accepted norms;
Evil immoral or wicked behavior
Unlawful acquisition of property at the expense of the public.
Misuse of office or authority for the benefit of an individual or a group
through coercion, undue influence, misrepresentation, falsification,
dishonesty or any other improper acts or means in breach of laws,
regulations and the rule in force.
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 General Olusegun Obasanjo, Former President of Nigeria, defined corruption
as:
“The misuse of public office for profit or advantage, Acts of commission and
omission in your employment resulting in a loss or disadvantage to your
employer and private gain to you or any other person associated with you.”
(Obasanjo, 1994).
 The World Bank defines corruption as:
“The abuse of power, most often for personal gain or for the benefit of a group
which one owes allegiance. It can be motivated by greed, by the desire to retain
or increase one’s power or, perversely enough, by the belief in a supposed
greater good…while the term “corruption” is most often applied to abuse of
public power by politicians or civil servants, it describes a pattern of behavior
that can be found in every sphere of life” (Stapenhurst and Sedigh, 1999).
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1.2 Types of Corruption:
 Grand Corruption – mega corruption, misuse or theft of
large amounts of public funds by high level officials and
influential politicians. Has significant negative
economic impact to a country. Manifested in looting of
public coffers and public corporations.
 Petty Corruption - involves transactions by individual
public officials at all levels, and many relatively small
amounts of money or favors. Transaction could be in
the form of bribes, kickbacks, diverting public funds.
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1.3 Other Types:
 Transactive – mutual arrangement between giver and taker to the
advantage of both parties (business and government).
 Extortive – giver is compelled to bribe to avoid harm.
 Defensive – by a victim of extortive corruption, in self defense.
 Investive – offer of good and services without any direct link to a
particular favor, but in anticipation for future favors.
 Autogenic - involves the person or self – making fraudulent claims
but with everything properly accounted for .
 Nepotistic – unjustified appointments of friends, relatives and
cronies to public offices or according favored treatment in
pecuniary and other forms, violating the norms and rules of the
undertaking.
 Collusive – when people trusted with authority agree to indulge in
corrupt practices jointly.
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1.4 Causes of Corruption:
 Wide authority and discretion, little or no accountability
 Limited risks or exposure for punishment – inadequate or
ineffective controls, monitoring, detection and prosecution
 Poor terms and conditions of employment
 Availability of multiple opportunities for enrichment – in the
procurement and revenue collection.
 Weak laws – ambiguous ill-defined legislation that grant large
margins of discretion that create a haven of corruption.
 Access to and control over means of corruption - administrative
processes – procurement, access to offshore accounts, the
techniques of money laundering.
 Corruption thrives in weak or bad governance, where controls are
weak, decision making opaque, arbitrary.
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1.4 Causes of Corruption Cont’d:
 Poor and selective enforcement of laws or perceived impunity
 Cultural acceptance of corruption – tolerance for corruption, not
stigmatized, entrenched impunity and culture of corruption in
society
 Moral decadence in society
 Others
a) Poor leadership
b) Political patronage
c) Poor planning
d) Greed
e) Poverty and unemployment
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1.5 Challenges of dealing with Corruption as a crime :
 Lack of verifiable information that is received from public servants or
citizens
 Insidious/secret nature of corruption
 The lack of individual victims that would come forward with
information about an act of corruption and thus trigger an
investigation, especially when it involves persons in high places .
 In most of the cases, everyone involved is a beneficiary and has an
interest in preserving secrecy.
 Unlike many traditional crimes such as robbery or murder, corruption
does not have a clear victim likely to complain and there is no overt
occurrence likely to be reported by witness.
 It is exceptionally difficult to obtain clear evidence of the actual
payment of a bribe.
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1.6 Some Effects of Corruption:
Corruption affects both the individual and the nation.











Poor economic performance
Disregard for standards & pillars of integrity
Withdrawal of international aid & lack of investments
Looting of public resources & capital flight
Conspicuous consumption
Loss of confidence in the public service to deliver
Increased insecurity
Exorbitant prices for goods and services
General moral decay
Impunity
Poor physical and social infrastructure – medical, roads etc
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1.7 Benefits of Preventing Corruption:







Economic growth & conducive business environment.
Poverty eradication & job creation.
Increase in domestic & foreign investments.
Improved social behaviour/moral standards.
Fidelity to the laws, regulation etc.
Renewed confidence of our development partners.
Effective, responsive, responsible, fair & efficient public
service.
 More resources available to govt for health care,
infrastructure, education, security etc.
 Increased revenue.
 Reduced crime.
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According to The Anti-Corruption and Economic Crimes Act, 2003, corruption and economic crimes include the
following:
SECTION
CORRUPTION AND ECONOMIC CRIMES
Section 2







Section 39



Bribery
Fraud
Embezzlement or misappropriation of public funds
Abuse of Office
Breach of trust
Dishonesty in connection with taxation or election of persons to public offence.
Inducement or rewards in order for one to do or not do something related to ones
official duties
Favoritism or discrimination
Soliciting, receiving rewards or inducements in order to show favoritism or
discrimination
Giving or agreeing to give an inducement or reward to someone in order to make
him/her to do or not to do something, in order to make him or her show favour or
discrimination.
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SECTION
CORRUPTION AND ECONOMIC CRIMES
Section 40

Secret inducements for advice
Section 41

Section 42

Knowingly using or giving a statement or a document that contains anything that is
false or misleading.
Having a direct or indirect private interest in a decision and failing to declare the
interest.
Participating in the proceedings and voting on a decision in which one has a direct or
indirect private interest.
Being a public officer but knowingly having or holding an interest in a contract (not
employment contract) agreement or investment connected with the public body
one is working for.


Section 43


Section 44

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Receiving, soliciting or agreeing to receive inducement or reward in order to
influence the appointment of a person as a trustee of a property.
Giving or offering, or agreeing to give or offer an inducement or reward in order to
influence the appointment of a person as trustee of a property.
Receiving, soliciting or agreeing to receive inducement or reward with respect to rigging
of a tender bid.
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SECTION
CORRUPTION AND ECONOMIC CRIMES
Section 45










Fraudulently or otherwise unlawfully acquiring public property or public service benefit.
Unlawfully mortgaging, charging or disposing of any public property
Unlawfully damaging public property
Unlawfully interfering with the functions of a computer or any other electronic machinery
so that it directly or indirectly results in loss of public revenue or in some negative effect
on public revenue or any other public service.
Unlawfully failing to pay any taxes or any fees, levies or charges payable to any public
body…or obtaining any exemption, remission, reduction or abatement from payment of
any such taxes, fees, levies or charges.
Fraudulently making payment from public revenue for substandard or defective goods.
Fraudulently making payment for goods not supplied or not supplied in full.
Fraudulently making payments for services not rendered or not adequately rendered.
Willfully or carelessly failing to comply with any law or applicable procedures and
guidelines relating to the procurement, allocation, sale or disposal of property tendering
of contracts, management of funds or incurring of expenditures.
Engaging in a project without proper planning.
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SECTION
CORRUPTION AND ECONOMIC CRIMES
Section 46
 Using ones office to improperly give a benefit to
oneself or to anyone else.
Section 47
 Holding, receiving, concealing or transacting
business with property that was acquired
corruptly.
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1.8
Individual Level
 At the individual level, corruption leads to:
a) Loss of confidence in the ability of the public service bodies to provide
adequate services;
b) Increased insecurity in the community;
c) Low purchasing power;
d) Paying higher or exorbitant prices of goods and services;
e) General moral decay in the society due to erosion of values and standards;
f) Receiving sub-standard services and products; and
g) Payment of bribes to access essential services.
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1.8.1 Role of the Individual in the fight against Corruption:





Respect and protect public property.
Avoid engaging in corrupt practices.
Never give or receive a bribe.
Never falsify a claim.
Name and shame corrupt people/stigmatize corrupt
people.
 Talk to every one about the evils of corruption.
 Appreciate and reward hard work, honesty and integrity.
 Give advise and suggestions to management on how to
fight corruption in your organization.
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1.8.2 Individual responsibility:
 We ourselves feel that
what we are doing is a
drop in the ocean.
But the ocean would
be less because of that
missing drop”
 “Do not wait for
leaders, do it alone
person to person”
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2.0
MEANING OF CORRUPTION AND ECONOMIC CRIME
2.1
The Anti-Corruption and Economic Crimes Act defines corruption and economic crimes as
follows:
2.1.1
Corruption means: -

a)
b)
c)
d)
e)
f)
g)
h)
An offence under section 39-44, 46 and 47 namely;
Bribing of agents – s. 39
Secret inducement for advice – s. 40
Deceiving principal – s. 41
Conflict of interest – s. 42
Improper benefits to trustees for appointment – s43
Bid rigging – s. 44
Abuse of office – s. 46
Dealing with suspect property – s. 47
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2.1.2
a)
b)
c)
d)
e)
Corruption also means any offence whose ingredients
include:
Bribery
Fraud
Embezzlement or misappropriation of public funds
Breach of trust
Offences involving the element of dishonesty in connection
with any tax rate, imposed levies and election of persons to
public offence.
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2.2
IT is no defense
 When a person is charged with any offence under the Act
he/she cannot defend himself by arguing that the
receiving, soliciting, giving or offering is;
a)
b)
c)
d)
Customary in his area or business or profession or that
Was not within his power
Did not intend to do the act or make the omission
The act or omission did not occur
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2.3
THE PUBLIC OFFICER ETHICS ACT
 This Act came into operation together with the AntiCorruption and Economic Crimes Act on 2nd May, 2003. It
complements the latter Act.
 The purpose of the Act is to advance the ethics of public
officers by providing a code of conduct and ethics and
requiring wealth declarations from public officers.
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2.3.1
Definition of a Public Officer
 A public officer is defined as any officer, employee or member of any of the
following:-
a)
b)
c)
d)
e)
f)
The Government or any Department, service or undertaking of the Government;
The National Assembly or the Parliamentary Service;
A local authority;
A corporation, Council, Board, Committee which has power to act under any
written law relating to: local government, public health, administer funds
belonging to or granted by the Government; administer money raised by rates,
taxes, or charges under any such law;
A public university; and
Any other body prescribed by regulation for purposes of the Act.
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2.3.2
Responsible Commissions
 The Act establishes various bodies to be responsible
Commissions for the purpose of advancing the integrity
of public officers. These are bodies which usually
exercise disciplinary control over public officers in
designated departments.
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2.3.3
Specific Codes of Conduct and Ethics
 Each Commission is required to establish and enforce a specific Code
of Conduct and Ethics for the public officers for whom it is the
Responsible Commission. The specific code should include all the
provisions contained in the General Code of Conduct. However,
Responsible Commissions may include other requirements that go
beyond the provisions of the General Code of Conduct in the Kenya
Gazette once they have been developed.
 Where a Responsible Commission has not developed its own
Specific Code of Conduct and Ethics, the General Code of Conduct
and Ethics shall apply.
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2.3.4
General Principles of Ethical Conduct
2.3.4.1
The Act subject Public Officers to the following general principles:

o
o
o
o
o
o
o
A public officer shallTo the best of his/her ability, carry out his or her duties and ensure that the services that he or
she provides are provided efficiently;
Carry out his duties in a way that maintains public confidence in the integrity of his office;
Treat the public and his fellow public officers with courtesy and respect;
Seek to improve the standards of performance and level of professionalism in his organization;
Observe the ethical and professional requirements of professional body in which he is a
member;
Observe official working hours and not be absent without proper authorization or reasonable
cause;
Maintain an appropriate standard of dress and personal hygiene; and discharge any
professional duties in a professional manner;
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
A public officer shall-
o Carry out his/her duties in accordance with the law. He/she shall not violate
the rights and freedoms of any person under the constitution;
o Not to use his office to improperly enrich himself/herself;
o Avoid being in a position in which his personal interest conflict with his
official duties;
o Not use his/her place of work for soliciting or collecting harambees or use
his/her official position to collect harambees;
o Not compromise the security interests of Kenya;
o Protect public property entrusted in him/her;
o Observe political neutrality (This does not apply to members of the Senate
and National Assembly or a County Representative of a county ward);
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 A public officer shallo Not practice nepotism or favoritism;
o Give honest and impartial advice without fear or favour;
o Not knowingly give false or misleading information to members of the
public or any other public officer;
o Conduct his/her private affairs in a way that maintains public confidence, in
line with integrity of his/her office;
o Pay all lawful taxes and not neglect financial obligations;
o Not sexually harass a member of the public or a fellow public officer;
o Ensure that appointments are made on the basis of integrity, competence
and suitability; and
o Report any improper instructions given to him/her.
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2.3.5
Wealth Declarations
 Every public officer is required to biennially declare his/her
income, assets and liabilities and those of his/her spouse, and
dependent children under the age of 18 years. The declaration
must be truthful and accurate. Officers must also provide
clarifications when required to do so without undue delay. The
rationale for wealth declarations is to match the assets and
liabilities of public officers with their incomes and seek
clarification for any disproportion there might be. The
declarations are to be kept for at least 5 years after the person
ceases to be a public officer.
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2.3.5
Wealth Declarations (Cont’d)
 The Declaration is confidential but information in the
Declaration may be disclosed or accessed or acquired by any
person upon application to the responsible Commission in the
prescribed manner. The applicant must show to the
satisfaction of the responsible Commission that he/she has a
legitimate interest and a good cause in furtherance of the
objectives of the Act. However, the affected party must be
given a chance to make representation on the matter before
the Commission decides in the affirmative.
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2.3.6
Offences and Penalties under the Act
2.3.6.1
The Act provides for the following offences:
a) Anyone who unlawfully publishes information contained in a declaration without
the permission of a responsible Commission is liable to fine not exceeding Kshs.
500,000/= or imprisonment for a term not exceeding five (5) years or both.
b) Anyone who fails to submit a declaration or clarification, or submits a Declaration
or clarification containing information that he knows or ought to know is false or
misleading commits an offence and is liable to punishment of a fine not
exceeding Kshs. 1,000,000/= or imprisonment for a term not exceeding one (1)
year or both.
c) Anyone who obstructs or hinders officers acting under the Act commits an
offence and is liable to punishment of a fine not exceeding Kshs. 5,000,000/= or
imprisonment for a term not exceeding five (5) or both.
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2.3.7
Disciplinary Action
 A Responsible Commission or a body or person with
power to take disciplinary action against a public officer
may take such action against a public officer for breach of
the Code of Conduct and Ethics. The action taken shall be
made public. If the Responsible Commission after
investigation is of the view that a civil or criminal
proceeding is necessary, it shall refer the matter to the
Attorney General or other appropriate authority for
action.
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Implement Corruption Prevention Strategies coordinated by the
Corruption Prevention/Integrity Committees.
 On June 22 2010 the nine (9) University of Nairobi Corruption
Prevention Committees were officially launched at the Central
Catering Unit by the then Acting Director, Kenya Anti Corruption
Commission, Dr. John Mutonyi.
a)
b)
c)
d)
University Central Corruption Prevention Committee
Six (6) Colleges Corruption Committees
Students Welfare Authority Corruption Prevention Committee
Central Units Corruption Prevention Committee.
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 The nine corruption prevention committees have had
monthly and quarterly meetings on the sensitization of
anti-corruption strategies and the integrity testing
program.
 The University has over sixty one (61) Corruption/
Complaints Reporting boxes strategically placed
throughout the colleges, departments and units.
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The University has telephones/ mobile phones through which anti-corruption complaints can be reported
as listed below: 
The College of Humanities and Social Sciences;
0703 322 666

The College of Agriculture and Veterinary Sciences;
0704 655 262, 0704 655 276 and
0704 655 263.

The Central Administration;
0727 686 300.

The Student Welfare Authority;
020-232 351 1.

The College of Biological and Physical Sciences;
020-266 711 4.

The College of Architecture and Engineering;
020-231885 5.

The College of Education and External Studies;
020-252 716 1 and 0703 634 415.

The College of Health Sciences;
0788 262 407
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Establish Mechanisms to reduce Corruption related audit queries.
 The University of Nairobi Corruption Prevention Plan was drawn and
adopted in the year 2004. A number of risk assessment reviews have been
carried out culminating in the current 2012/2013 Plan.
 The Corruption Prevention Committees have conceptualised their activities
within the University Corruption Prevention Plan which was first drafted in
2003 and was last updated in 2010 and should be an on-going process as
changes take place e.g. we have a new constitution – What Changes have
taken place that will affect the operations of your units, departments,
Faculty/School/College/University? A Corruption Prevention Plan is not static
– emerging issues could lead to Corruption risks and loopholes that will
require sealing.
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 The University of Nairobi adheres to the stipulations of the
Anti-Corruption Policy and Economics Crimes Act, 2003 and
other corruption related statutes, the Public Officer Ethics Act,
2004 and has developed the following policies which are in
operation: a) The University of Nairobi Anti Corruption Policy,
b) The Code of Conduct and Ethics for Public Universities,
c) The University of Nairobi Code of Conduct and Ethics.
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Conduct Integrity training/sensitisation of staff to build capacity on
Corruption Prevention.
 The University has endeavoured to build capacity and anticorruption awareness through workshops that were held
throughout the year for cadres of staff both in the central
administration units and at the colleges as attached. Over 1,700 staff
members sensitised/trained in the financial year 2010/2011.
 Copies of the Resource Manual on Corruption Prevention in the
Public Service have been provided to all members of the Corruption
Prevention Committees to assist in the sensitization and training of
staff.
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Submit Quarterly Reports using the prescribed format to
Kenya Anti-Corruption Commission.
 While using the format prescribed by the Ethics Anti
Corruption Commission, the University has already submitted
Three (3) Quarterly Reports as required under the
Performance Contract – 2012/2013 FY.
 In addition, responsible authorities at all levels in the
University shall ensure that any public officer suspected of
corrupt practices steps down, to allow room for
investigations.
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Integrity Assurance Officers
 The University has Sixty One (61) trained Integrity
Assurance Officers drawn from all the colleges and
departments and who continuously sensitize other
members of staff and provide technical guidance to the
corruption prevention committees.
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Operations date for the Committees
 On August 2 2010 the Central Corruption Prevention Committee under
the chairmanship of the Vice-Chancellor had it first meeting which set
the agenda and strategies to fight corruption at the University of
Nairobi. A schedule for monthly and quarterly meetings has already
been prepared and will be forwarded to all Corruption Prevention
Committees.
University of Nairobi Anti-Corruption Policy
 The policy has been approved and uploaded in the University of
Nairobi’s Website. Most Staff members have been sensitised on the
same.
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 The Vice-Chancellor appointed the University Oversight Committee which is
comprised of; all the Deputy Vice-Chancellors, all the College Principals and Deputy
Principals, the Chief Legal Officer who also sits on the Committee as the Program
Officer and two Program Analysts.
 The Integrity Testing Programme Oversight Committee will formulate tests that
create realistic situations to ensure that the relevant processes and procedures are
adhered to strictly and also to test whether the controls put in place are operational.
The identified five (5) areas prone to corrupt activities by their respective nature of
operation are as listed below: a)
b)
c)
d)
e)
Procurement
Human Resource
Finance
Records Management
ICT
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2.3.8
Other statutes which complement the ACECA and POEA are-
a) The Public Audit Act, 2003 (which establishes the National Audit office and generally
streamlines the audit function of all public organizations including local authorities)
b) The Government Financial Management Act, 2004 (which consolidates, improves
streamlines key government financial process previously provided for in different
codes)
c) The Public Procurement and Disposal Act, 2005 (which is aimed at streamlining
procurement in public institutions)
d) The Privatization Act, 2005 (which aims at ensuring transparent and accountable
transfer of public assets)
e) The Witness Protect Act, (No. 16 of 2006) which (aimed at providing protection to
whistleblowers)
f) The Penal Code, (Chapter 53 – Laws of Kenya) (which provides penalties for offences
related to corruption)
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2.3.8.1
a)
b)
c)
d)
e)
f)
g)
h)
i)
j)
References and Resource material
The Anti-Corruption and Economic Crimes Act (No. 3 of 2003)
The Public Officer Ethics Act (No. 4 of 2003)
The Penal Code (Chapter 63 – Laws of Kenya)
The Privatization Act, 2005
The Government Financial Management Act, 2005
The Public Audit Act, 2003
The Public Procurement and Disposal Act, 2005
The Witness Protection Act (No. 16 of 2006)
The Mutual Legal Assistance Bill
The Proceeds of Crime and Anti-Money Laundering Bill
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2.3.8.2 EACC Publications
a) The Anti-Corruption and Economic Crimes Act, 2003
Explained
b) Public Officer Ethics Act, 2003, What You Need to Know
c) Frequently Asked Questions
d) The Public Procurement and Disposal Act, 2005, What
You Need to Know
e) Case Studies, Illustrating the Kenya Anti-Corruption Law
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CONCLUSION
“Its better to be alone than be in bad company".
- George Washington 1732-99 – First President of the United States of
America
“The ultimate measure of a man/woman is not where he stands in moments of
comfort and convenience, but where he stands at times of challenge and
controversy”.
- Martin Luther King Jr. – American Civil Rights Activist
“The only thing necessary for the triumph of evil is for good men to do
nothing”.
- Edmund Burke, Anglo-Irish statesman
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Lets all join hands and
fight corruption.
It starts with yourself.
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THANK YOU
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