2 December 2025 –

A new civil society report by Transparency International Kenya assesses Kenya’s progress in implementing its anti-corruption commitments under Chapters II (Preventive Measures) and V (Asset Recovery) of the United Nations Convention against Corruption (UNCAC). The report was produced with technical and financial support from the UNCAC Coalition.

Kenya has made significant progress in developing a legal and institutional anti-corruption framework as mandated by UNCAC Chapter II, including by:

• enacting laws such as the Anti-Corruption and Economic Crimes Act,
• establishing the Ethics and Anti-Corruption Commission (EACC), 
• and establishing complementary bodies such as the Office of the Director of Public Prosecutions (ODPP), the Assets Recovery Agency (ARA), the Anti-Corruption and Economic Crimes Court Division within the judiciary, and the Financial Reporting Centre (FRC). 

However, resource constraints, overlapping mandates and political interference continue to undermine the practical enforcement of anti-corruption laws, policies and practices. While there are some avenues for public participation in legislative processes, civil society is facing concerning civic space restrictions: recent episodes of excessive use of force by the authorities have taken place, including detentions and intimidation of human rights defenders, activists, and civil society organizations.

With regard to asset recovery, the Proceeds of Crime and Anti-Money Laundering Act establishes the offence of money laundering and provides for the identification, tracing, freezing, seizure and confiscation of the proceeds of crime. However, the Assets Recovery Agency’s investigators operating nationwide are insufficient and lack resources. A notable example in the return and proper disposal of confiscated assets is the FRACCK agreement, which emphasizes transparency, accountability, and inclusive development as guiding principles in the management of returned funds. These assets are foreseen for  public-interest projects including education, health care, and community development. However, in practice there is limited visibility into how funds are disbursed and to whom, and more independent oversight and reporting mechanisms are needed to track the use of recovered assets over time.

The UNCAC review process of Kenya by the Democratic Republic of the Congo and New Zealand has been completed.  The country submitted its self-assessment checklist in 2017 and a country visit took place from 26 to 28 June 2018, which TI Kenya participated in. The country review report was published in June 2019, while the self-assessment checklist remains unavailable.

Read the full civil society parallel report in English here. 

Main Findings

Preventive anti-corruption policies, practices, and bodies

Kenya has a solid legal foundation in place through the Anti-Corruption and Economic Crimes Act and the establishment of Ethics and Anti-Corruption Commission (EACC), but the implementation of these laws and institutions is hindered, in practice, by insufficient resources (financial and human) allocated to the EACC, political interference and inadequate cooperation from other agencies like the Office of the Director of Public Prosecution. The EACC’s inability to compel compliance with recommendations arising from the system’s review limits its preventive role. A promising recent development is EACC’s launch in May 2025 of a Practical Guide for Corruption Risk Assessment and Management by public and private entities, which provides a structured framework for identifying and managing exposure to corruption risks.

• Key recommendation: Strengthen the EACC by increasing public funding and enhancing access to modern investigative tools, including comprehensive training programs for personnel, to enforce compliance with audit recommendations, and clarify institutional roles to avoid duplication and conflict between agencies.

Public sector employment and codes of conduct

Merit-based recruitment, asset declarations, and integrity vetting are legally mandated under the Leadership and Integrity Act with comprehensive coverage, and the Public Officer Ethics Act, which was repealed and replaced by the Conflict of Interest Act on 19 August 2025, emphasizing merit-based recruitment, transparency, and the promotion of integrity in public office. It defines a Code of Conduct and Ethics for public officials and requires financial declarations from certain categories of government representatives. However, while the law applies to a broad range of public officers, many high-ranking or politically influential officials often evade scrutiny. One example was the acquittal of the former Deputy President, who had been charged with corruption, including allegations of embezzling tens of millions of dollars to buy real estate properties.  This selective application creates legal loopholes and undermines public confidence. Additionally, asset declarations of public officials are not publicly accessible, and lifestyle audits remain rare.

• Key recommendation: Pay particular attention to all politically exposed persons when enforcing the Leadership and Integrity Act and the newly adopted Conflict of Interest Act, replacing the former Public Officer Ethics Act, and make asset declarations publicly accessible.

Political financing

Kenya’s Political Parties Act and Election Campaign Financing Act provide a framework for regulating disclosure requirements and campaign finance. However, the Election Campaign Financing Act has never been fully operationalized due to lack of political will, limited enforcement, and poor public access to political finance information. Although the political parties are required to prepare annual accounts and submit them to both the Registrar of Political Parties and the Auditor-General, compliance in practice remains minimal.

• Key recommendation: Implement the currently suspended Election Campaign Financing Act which provides for the regulation, management, expenditure and accountability of election campaign funds during election and referendum campaigns. 

Whistleblower protection and reporting mechanisms

The Anti-Corruption and Economic Crimes Act provides limited protection for individuals who report corruption to the EACC and offers an anonymous online platform for reporting. However, there is no comprehensive whistleblower protection law. Attempts to pass such legislation, including the recent Whistleblower Protection Bill 2024, have repeatedly stalled in Parliament. Whistleblowers remain vulnerable to retaliation such as job loss, harassment, or even threats to their lives. The 2025 Kenya Bribery Index report by TI-Kenya indicated that 23% of the respondents did not report incidents of bribery due to fear of intimidation. Additionally, the 2024 National Ethics and Corruption Survey indicated that 56,8% of citizens consider that informants or whistleblowers are not well protected from potential harassment, and confidence in existing protection mechanisms remains low.

• Key recommendation: Adopt a Whistleblower Protection Law and adequately resource the Witness Protection Agency to provide comprehensive, independent protection.

Public procurement and management of public finances

Kenya’s Public Finance Management Act, and Public Procurement and Asset Disposal Act are in line with international standards and emphasize open and competitive bidding. In addition, the electronic procurement system and the Integrated Financial Management Information System (IFMIS) have improved transparency. However, challenges persist including collusion between public officials and suppliers, lack of transparency in contract awards, delayed payments, and limited capacity within procuring entities which continue to undermine the integrity of the procurement system. 

A notable case of collusion in public procurement involved the Kenya Pipeline Company (KPC), where public officials conspired with private suppliers in the irregular procurement of hydrant pit valves worth KES 550 million/USD 4,243,800. Investigations by the Ethics and Anti-Corruption Commission (EACC) revealed that procurement procedures were manipulated to favor specific suppliers through inflated pricing and tailored specifications. This collusion led to massive financial losses and compromised the integrity of the tendering process. As a result, several individuals were charged, and four were convicted in 2025 for procurement-related offences.

• Key recommendation: Expand funding for county-level procurement oversight, train procurement officers, and strengthen the Public Procurement Administrative Review Board (PPARB) to handle disputes effectively.

Access to information and civil society participation

The Access to Information Act from 2016 guarantees citizens’ right to information. It provides a framework for the proactive disclosure of information and the provision of information on request, not only by public bodies but also by private entities. Under Kenyan law, citizens can request information held by the State and by another person, where that information is required for the exercise or protection of any right or fundamental freedom. Additionally, the EACC has a toll free line for the public to report corruption-related cases and engages with CSOs via the Kenya Leadership Integrity Forum, a mechanism through which stakeholders design and implement anti-corruption initiatives.

Despite this legal framework, the following drawbacks can be identified:

• many government agencies are reluctant to proactively disclose information,
• enforcement mechanisms are weak, 
• public awareness about the right to access information, or how to engage meaningfully in governance processes, remain limited. 
• Public participation processes are frequently symbolic, with little evidence that citizen input informs final decisions. 

Some civil society actors face political interference, which undermines their independence and limits their role in promoting transparency, public participation, and accountability. Furthermore, a crackdown on civil society was witnessed recently through the  civic protests that took place in June 2024 in opposition to the Finance Bill 2024. The bill was finally withdrawn by the President due to the persisting public uproar.  

• Key recommendation: Enforce the Access to Information Act applying penalties for non-compliance,  ensure an enabling environment for civil society and the media, and institutionalize genuine public participation in policymaking.

Judiciary and prosecution services

Kenya’s judiciary has been commended for its efforts in establishing specialized courts to handle economic crime and corruption-related cases, with a good rate of cleared cases and several landmark rulings delivered. A recent demonstrable case was the Republic v. Ferdinand Waititu & Others, which revolved around allegations of corruption, abuse of office, and illicit enrichment, concerning a former County Governor. However, there have also been claims of inconsistent prosecution, withdrawal of high-profile cases by the Office of the Director of Public Prosecutions (ODPP), and political interference undermining accountability of the judiciary. For instance, the ODPP suffers from insufficient funding and faces inadequate human capacity to prosecute complex cases. 

• Key recommendation: Safeguard the resources and independence of the judiciary and Office of the Director of Public Prosecution.

Private sector transparency

The Bribery Act applies to all acts of bribery committed by a Kenyan citizen in a public or private entity, and places the obligation on private entities to prevent and report bribery. However, anti-corruption awareness and enforcement in the private sector are still low and whistleblower mechanisms are weak. There is also limited data on prosecution of private sector corruption cases. 

• Key recommendation: Ensure even enforcement and compliance with the Anti-Bribery Act across private sector entities, especially between large corporations and small or medium-sized enterprises; and establish robust mechanisms to protect whistleblowers in the private sector.

Measures to prevent money laundering and recover assets

The Proceeds of Crime and Anti-Money Laundering Act (POCAMLA) established two key institutions: 

• the Asset Recovery Agency (ARA), responsible for asset tracing and recovery, 
• and the Financial Reporting Centre (FRC), which supports the detection of illicit financial flows and combats money laundering and terrorism financing. 

ARA has been recognized for effectively applying civil forfeiture provisions, enabling the recovery of illicit assets through court proceedings and limiting suspects’ access to the proceeds of crime. 

The legal framework allows for mutual legal assistance in asset recovery, including freezing, confiscation, and return of illicit assets. POCAMLA permits Kenyan courts to recognize and enforce foreign confiscation orders. One example is the application of the POCAMLA Act in the case of Asset Recovery Agency v. Abdi Ali Mohamed in 2020, in which the High Court preserved over KES 62 million (USD 479,876.16) linked to fraudulent transactions.

Despite this solid framework, implementation faces several challenges, starting with the limited resources available to combat money laundering. The ARA operates both at the National and County Government levels, with a limited number of investigators operating nationwide, and faces political interference and threats from suspects under investigation. 

• Key recommendation: Ensure independence and provide adequate budget allocations to institutions such as the Asset Recovery Agency and the Financial Reporting Center to guarantee the full enforcement of POCAMLA, and update legislation to address emerging digital trends such as virtual assets.

Asset recovery and international cooperation

Kenya enables victims of corruption, including foreign jurisdictions, to claim restitution. With regard to asset recovery and return to Kenya, the country has made important advances, including the use of civil forfeiture and the collaboration with jurisdictions such as the UK, Switzerland, and Jersey to establish a structured framework for the transparent and accountable return of assets, and to outline how assets should be used.

Additionally, Kenya has taken part in several international asset recovery processes involving return and disposal of confiscated assets. Notably, in the Anglo Leasing scandal, Kenya reached agreements with Switzerland for the return of stolen funds. In 2018, Switzerland returned approximately USD 13.25 million recovered from the scandal.

Despite these successes, limited investigative capacity, weak  coordination among the implementing institutions, resource constraints, and poor public reporting of asset use hinder progress.

• Key recommendation: Adopt a national policy on the re-use of recovered assets with strong public oversight to ensure funds benefit citizens and are not diverted back into corruption networks.