The Kenyan Scenario. The Hon. Shakeel Shabbir, MP National Assembly of Kenya

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1 The Kenyan Scenario. The Hon. Shakeel Shabbir, MP National Assembly of Kenya A presentation at the Cop -UN Convention against corruption (Global Organization of Parliamentarians Against Corruption). Vienna- Austria, November,2017

2 Presentation structure Introduction Ratification of UNCAC Constitutional Underpinnings Legislative effort made by MPs Oversight Role of MPs and Anticorruption. The case of Public Accounts Committee in the 11 th Parliament. Conclusion

3 Introduction Kenya was the first country to sign and ratify the UNCAC when it was opened for signature on the 9 th of December, The new Constitution of Kenya,seven years later (2010),gave more strength to the implementation of UNCAC in Kenya and affirmed the position by entrenching Art. 2(5) and (6) of the Constitution.

4 Introduction (cont d) Article 2 of the Constitution provides- (5) The general rules of international law shall form part of the law of Kenya. (6) Any treaty or convention(including UNCAC) ratified by Kenya shall form part of the law of Kenya under the Constitution.

5 Constitutional underpinnings on MPs role in Anti-corruption The National Assembly tackles Corruption petitions through its committees by invoking both its constitutional mandates of legislation, and oversight.

6 Constitutional underpinnings on MPs role in Anti-corruption.. Each House of Parliament has established committees, and Parliament may where necessary establish joint committees consisting of members of both Houses and may jointly regulate the procedure of those committees.

7 Vetting and approvals of public officers by Parliament When a House of Parliament considers any appointment for which its approval is required under the Constitution or an Act of Parliament the appointment is considered by a committee of the relevant House; the committee s recommendation are tabled in the House for approval; and the proceedings of the committee and the House are open to the public.

8 Vetting and approvals of public officers by Parliament In vetting state officers, the committees of parliament are guided,among others by the principle of leadership and integrity which include selection on the basis of personal integrity, competence and suitability objectivity and impartiality in decision making, and in ensuring that decisions are not influenced by nepotism,favouritism, other improper motives or corrupt practices.

9 Petitions to Parliament on Anti Corruption matters. Every person has a right to petition Parliament to consider any matter (including matters on corruption)within its authority, including to enact, amend or repeal any legislation. Either House of Parliament, and any of its committees, has power to summon any person to appear before it for the purpose of giving evidence or providing information on issues related to corruption.

10 Power of committee to call evidence when considering corruption related matters A House of Parliament and any of its committees in considering petitions on corruption,has the same powers as the High Court- to enforce the attendance of witnesses and examine them on oath, affirmation or otherwise; to compel the production of documents; and to issue a commission or request to examine witnesses abroad.

11 Public access and participation Parliament in handling any petition on corruption and related matters conduct its business in an open manner, and its sittings and those of its committees are open to the public; and facilitates public participation by inviting comments from the public regarding corruption matters being handled by the committee.

12 Legislative approach to tackling Anti Corruption by Parliamentary committees The Parliamentary committees have endeavoured to localise UNCAC through its legislative Agenda by recently enacting various laws including- The Leadership and Integrity Act, 2012 (No. 19 of 2012) The Treaty Making and Ratification Act, 2012 (No. 45 of 2012), The Petitions to Parliament (Procedure) Act, 2012(No. 22 of 2012) The Proceeds of Crime and Anti-Money Laundering Act, 2009 (No. 9 of 2009) The Public Appointments (Parliamentary Approval) Act, 2011 (No. 33 of 2011) The Prevention of Organized Crimes Act, 2010 (No. 6 of 2010). The Prisons Act (Cap. 90) The Public Finance Management Act, 2012 (No. 18 of 2012) The Public Officer Ethics Act,2003 (No. 4 of 2003) The Public Procurement and Disposal Act, 2005 (No. 3 of 2005) The Ethics and Anti-Corruption Commission Act, 2011 (No. 22 of 2011) The Extradition (Commonwealth Countries) Act (Cap. 77) The Extradition (Contiguous and Foreign Countries) Act (Cap. 76)

13 Policies and other interventions on Anti corruption approved by Parliamentary committees African Convention on Preventing and Combating Corruption 2. Constitution of the East African Association of Anti-Corruption Authorities (EAAACA). 3. East African Community (Draft) Protocol on Preventing and Combating Corruption. 4. Ethics and Anti-Corruption Commission: Strategic Plan ( ) 5. Ethics and Anti-Corruption Commission: Annual Report (2012/2013) 6. Ethics and Anti-Corruption Commission: National Survey on Corruption and Ethics, Ethics and Anti-Corruption Commission: Memorandums of Understanding (MOUs) between the EACC and various Investigative and Law Enforcement Agencies. 8. Ethics and Anti-Corruption Commission: Memorandum and Articles of Association of the East African Association of Anti-Corruption Authorities (EAAACA). 9. Kenya Anti-Corruption Commission: National Anti-Corruption Plan (Nairobi: KACC, 2006). 10. Office of the Director of Public Prosecutions: Report on the prosecution of corruption and economic crime offences under the Anti-Corruption and Economic Crimes Act, 2003 (No. 3 of 2003)(Nairobi: ODPP, 2012/2013).

14 Parliamentary Investigatory Committees and their Roles Investigatory Committees The Public Accounts Committee Special Fund Accounts Committee Public Investments Committee

15 The Public Accounts Committee The Public Accounts Committee is responsible for the examination of the accounts showing the appropriations of the sum voted by the House to meet the public expenditure and of such other accounts laid before the House as the Committee may think fit.

16 Special Fund Accounts Committee The Committee is responsible for the examination of the accounts of the Equalization Fund; the Political Parties Fund; the Judiciary Fund; the National Government Constituency Development Fund; and, such other Fund established by law as the Speaker may direct

17 Public Investments Committee The Public Investments Committee is responsible for the examination of the working of the public investments on the basis of their audited reports and accounts.

18 THE CASE OF PAC IN THE 11 TH PARLIAMENT

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