Kenya Anti-Corruption Authority Committee (KACA), including names of committee members; dates of appointment; threats or problems faced by members and their families and protection available to them [KEN35568.E]

The director of the Kenya Anti-Corruption Authority (KACA) is Justice Aaron Ringera, Kenya's Solicitor- General since 1997 and appointed to head KACA in March 1999 (IPS 31 July 1999). The board of directors is headed by the executive officer of the Federation of Kenya Employers, Tom Owuor (Daily Nation 24 Mar. 1999).

Following the International Monetary Fund (IMF) and the World Bank's suspension of Aid to Kenya in 1997 because of corruption in 1997 (IPS 31 July 2000; Electronic Guardian & Mail 29 July 1998), President Moi set up KACA "to investigate and prosecute corruption cases" (East African 4-11 Mar. 1999; KACA n.d.). It was "also empowered to assume responsibility for any investigation or prosecution commenced by the police for an offence involving corruption," and it became fully operational in October 1999 (KACA n.d.).

In addition to the Director , KACA's organizational structure includes Assistant Director, Finance and Operations, Dr. Julius Rotich, and one or more Assistant Directors, and an Advisory Board comprising seven board members including a chairman (ibid.). According to Dr. Rotich,

the organisational structure of KACA is a reflection of the three pronged approach with enforcement being spearheaded by the directorates of investigations and prosecutions while prevention and education falls under the directorate of corruption prevention and education (ibid.).

The United States Country Commercial Guides for FY 2000 for Kenya states that although KACA's director and employees have powers similar to those of the police, and although "they are empowered to launch investigations, seize documents and other evidence, compel witnesses or suspects to testify, and to arrest and prosecute." Although vigorous enforcement of the law by the KACA has been lacking," (25 Aug. 2000). This report further states that KACA "got off to a poor start when its first Director was sacked in 1998" (ibid.).

KACA was formerly headed by Harun K. Mwau, an ex-sharpshooter police officer, and formerly the leader of the tiny opposition Party of Independent Candidates (PICK) (Africa Confidential 20 Mar. 1998, 5).

Mwau was suspended by President Moi as director of KACA after clashing with the revenue department Minister of Finance Simeon Nyachae for implicating members of the Tax Department, which falls under the jurisdiction of Minister of Finance, in corrupt activities (East African 4-11 Mar. 1998; Electronic Mail & Guardian 29 July 1998) Those implicated included the Commissioner-General of the Kenya Revenue Authority, John Msafari, and the Commissioner for Customs and Excise, Samuel Chebii (ibid.). President Moi appointed a tribunal to inquire into his performance and ability and competence to hold the office (ibid., East African 4 Mar. 1999; ION 17 Oct. 1998). The officials charged with corruption were released (ION 17 Oct.1998).

No reports on threats and/or problems faced by committee members and their families, and on state protection available to them, could be found among the sources consulted by the Research.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please see the list of additional sources consulted in researching this Information Request.

References


Africa Confidential. 20 March 1998. "The Untouchables: Scepticism Abounds as President Moi Promises to Crack Down on Corruption."

Daily Nation. 24 March 1999. "Justice Ringera New KACA Director." http://www.nationaudio...ailyNation/240399/News/News24.html [Accessed 25 Oct. 2000]

The East African. 4-11 March. 1999. Mbatau wa Ngai. "Expat May Take Over Kenya's Anti-Corruption Body." http://www.nationaudio.com/News/EastAfrican/040399/Regional/Regional10.html [Accessed: 26 Oct. 2000)

Electronic Mail & Guardian. 29 July 1998. "Moi Suspends Anti-Corruption Chief." http://www.mg/co/za/mg/archive/98jul/29julpm-news.html [Accessed 24 Oct. 2000]

The Indian Ocean Newsletter (ION). 17 October 1998. "And the Winner is - IMF!" (NEXIS)

Inter Press Service (IPS). 31 July 1999. Judith Achieng. "Politics-Kenya: Mixed Feelings on IMF Aid Resumption." http://www.oneworld.org/ips2aug/aug00/18_39_061.html [Accessed: 25 Oct. 2000]

Kenya Anti-Corruption Authority (KACA). n.d. "Kenya Sets Up An Anti-Corruption Body." http://www.icac.org.hk/newsl/nesl/issue3/7.html [Accessed: 24 Oct. 2000]

United States Embassy [Nairobi]. July 1999. Country Commercial Guides for FY 2000: Kenya. http://state.gov.www/about_sta...guides/2000/africa/kenya00_07.html [Accessed: 24 Oct. 2000]

Additional Sources Consulted


Africa Confidential [London]. 1999-2000

Africa Research Bulletin: Political, Social and Cultural Series [Oxford. 1999-2000.

The Indian Ocean Newsletter [Paris]. 1999-2000.

Resource Centre. Country File. Kenya.