CORRUPTION AND SECURITY

1. CORRUPTION AND SECURITY Presented by: Dr Sheikh Hassan KinyuaOmari PhD , M.A,PgD(Islamc Banking and Insurance-IIBI, UK) B.A (Islamic Studies/Arabic Language ) Director, Religious Affairs-Supreme Council of Kenya Muslims At North Coast Beach Hotel-Mombasa 31st March , 2016

2. Definition • There are many definitions on corruption. Some definitions covers the following: bribery, extortion, fraud, embezzlement, nepotism, appropriation of public assets and property for private use, and influence peddling. • In that sense, corrupt behaviors can be divided into two categories; one that is undertaken by the person in charge of a public office such as fraud and embezzlement, and the second category, which involves an exchange between one or more persons such as bribery and extortion. A bribe paid to receive preferential treatment where the recipient of the bribe is required to perform the service is considered ‘according to rule’ corruption

3. World bank report • More than US$1 trillion is paid in bribes every year (World Bank, 2009). • the cross border flow of proceeds from corruption, criminal activities, and tax evasion is US$3.61 trillion every year, or the equivalent of 3 to 5 percent of the world’s GDP (APEC, 2009). • The African Union estimated that corruption costs African economies in excess of US$148 billion a year which represents 25% of Africa's GDP. • corruption increases the cost of goods by as much as 20%, deterring investment and holding back development (Blunt, 2002). • corruption hike the social costs in public services. • Corrupt practices impact upon the environment as they regularly breach regulations designed to protect it.

4. Cont.. • Corrupt officials and politicians often lobby for more public resources to be spent on areas and activities that generate more bribes and economic rent rather than focusing on those areas that will genuinely benefit processes of development. • corruption often benefits powerful stakeholders, therefore, there is little incentive, for those who misuse their assumed power, to change the status quo

5. Religion and corruption • The ethical and moral code of religions present a framework for development and social justice, which relies on values and ethics rather than purely economic factors (Lunn, 2009: 945). • Religions share a common message, ‘do to others what you have done to you’, this is an alternative moral framework for development. • Ethics and morality are paramount in Islamic teachings, which focus on the individual wellbeing and the development of the world to establish peace and harmony for all (Dugbazah, 2009:25). • Verily, God commands justice, and Ihssan10/ beneficence and giving to kindred; and forbids indecency, and forbidden things, and wrongful transgression. He admonished you that you may take heed (16:90) • This verse lays the foundation for human behaviour and ethics in relation to God, other human beings and the environment; the verse stipulates God’s comprehensive commands for ethical human behaviour (Asad, 2003: 456, note 108). • The whole society is commanded to follow the behaviour exhorted in the verse in order to demonstrate justice, ihssan/beneficence and generosity/charitable giving (Kamali, 2002: 112). • Indeed a moral framework for development encourages a more caring society, more development aid to the poor and stability in a world of mutual respect and cooperation (Tyndale, 2003: 22-28).

6. Cont.. • Religions have a vision of creating a better world that is not centred upon economic factors Religious values and moral codes provide a strong foundation for a more sustainable and appropriate development strategy”(Lunn 2009: 945) • International conventions, conferences and institutions have focused on fighting corruption • Civil society has been active in combating corruption. • Most of these initiatives have been undertaken within a ‘secular’ framework. • codes of ethics promoted by different faiths have the potential to contribute to the process of curbing corruption. • there has not been a clear public message on the role of faith in the fight against corruption

7. Islam and social justice • Social justice is central to the concept of development in Islam (Dugbazah, 2009: 34). • In Islamic teaching, social justice includes the fair and equitable distribution of wealth, the provision of basic necessities, and the protection of the weak against economic exploitation by the strong (Badawi, 1982). • Furthermore values of fairness, honesty, ethics and mercy should be evident in the application of justice regardless of race, colour or creed (Khan, et. al., 2009). Therefore, all behaviours that undermine those values and distort Islam’s moral framework are not acceptable in Islam. • The Quran addresses this issue by using the concept of ‘fasaad’, which is an Arabic word that can be translated as corruption. • The concept of corruption in the Quran is broader than the mainstream concept of corruption, which is the misuse of entrusted power. • The verse instigates the values of justice, beneficence /Ihssan and giving/generosity to one’s fellow men (denote the wider community), then, the verse highlights the forbidden behaviours of indecency, forbidding -behaviours, and wrongful transgression • Ihssan according to the prophet’s (pbuh) saying is ‘to worship God as you are seeing him and while you see Him not yet truly He sees you’ (Albukhari). • Ihsan means doing everything in an excellent manner in relation to the following: in relation to God by feeling his presence; parents by honour and being thankful to them; relatives by saving their rights and being good to them; the weak and needy by charity and being nice to them; human relations in general by being good to all regardless of differences in faith; the whole world’s creatures including vegetables, animals and inanimates and the whole environment by not wasting or misusing resources and doing good in everything.

8. Cont.. • Islamic teachings refer to corruption as human behaviour; therefore, the Quran differentiates between people on the basis of their behaviour and ethics in relation to corruption; those who do good deeds and those who create disturbance (fasaad) in the land. Chapter 38, Verse 28 states: • “Shall we make those who believe and do good deeds like those who create disturbance in the land (earth)” (38:28) • Therefore, from an Islamic perspective, corruption is a moral and ethical problem, which reflects the internal fortitude of an individual and the ability to foster self-restraint rather than enforcing laws and systems (Lewis, 2006: 13). Consequently, Quranic teachings promote a holistic ethical framework for human behaviour. For example, Chapter 11, Verse 85 highlights the importance of applying justice, equity, honesty and decency, and at the same time denounces corruption and the instigation of disorder on earth. • …give full measure and full weight with equity, and defraud not people of their things and commit not iniquity in the earth, causing disorder (11:85)

9. Cont.. • Therefore, one can conclude that Islam has promoted morality and justice for the betterment of humankind, which in turn promotes environmental balance, social harmony, peace and security. • The concept of accountability is linked to the fulfilment of humankind’s duty on earth and therefore, should reflect the values and moral framework set out by Islam. • humankind is a steward (khalifa) of God on earth. According to the teachings of the Quran, as a creator of everything, God is the ultimate owner of all that exists on earth (Hathout, 1995: 95). • God offered the Trust- responsibility and guidance-to the heavens, earth and mountains before humankind; and humankind has accepted it, voluntarily, with all the responsibilities that it entails. This responsibility means that earth and its resources is a trust from God and therefore, humankind is accountable to God for all actions and deeds (Lewis, 2006). • The Prophet Mohammed (pbuh) elaborated on this verse in a hadith and said: ‘Whoever employs a man to a task while knowing the existence of a more qualified person for the same task, truly betrays God and his Messenger and the believers’ (Kamali, 2002:59-60, 113).

10. Cont.. • Choice in bearing the responsibility of this trust, the rules and guidance of God will be the measure of compliance and performance in keeping the trust (Abdul Kader, 1973). • Verily, We (God) offered the Trust (responsibility-guidance) to the heavens and the earth and the mountains, but they refused to bear it and were afraid of it. But humankind bore it. Indeed, he is capable of being unjust to, and neglectful of, himself. (33:71) • As holders of the trust, human beings should act as stewards on earth in applying justice (Kamali, 2002: 113). Quranic teachings illustrate that justice is an essential component of humankind’s khilafa (stewardships) on earth; for example, in Chapter 38, Verse 26; while the Quran addresses the messenger David, as khalifa on earth, it simultaneously calls upon him to apply justice. Indeed being a steward means applying justice as a command from God (Quran 16: 90). Chapter 21, Verse 47 in the Quran illustrates that justice is the foundation of accountability, and therefore, this indicates that both justice and accountability are linked to humankind’s freedom of choice (Kamali, 2002: 15).

11. Cont.. • In order to fulfil their role as stewards on earth, it is important for human beings to follow the moral framework laid down by Islam, which includes all the guidance and teachings that promote morality. Humankind would ideally conform to such a moral framework, without the need for a legal system or external supervision because of their love and fear of God (Kamali, 2002: 113, and Zayd, 2006). • This conformity reflects the concept of taqwa, which is a central concept in the teaching of the Quran. Taqwa can be translated into the state of being pious or God-fearing. Like justice, conveying the importance of taqwa was the goal of all of the messengers sent by God (Quran 4:131); the message was to “obtain the taqwa of God” (Baianonie, 1998). The centrality of taqwa in relation to ethics16 and human behaviour is a guiding principle in the teachings of the Quran and has been linked to God’s guidance on human behaviour in 151 verses (Karolia, 2003). • Therefore, one can conclude that compliance to Islam’s moral framework is a measure of accountability to God. Consequently, from an Islamic perspective there is a significant moral and ethical dimension that should influence human behaviour in the fight against corruption (Lewis, 2006:13). Furthermore in the Quran, the concept of taqwa is instrumental in framing human behaviour and ethics. Therefore, from an Islamic perspective, the concept provides the foundation for ethical transparency and accountability in all humankind’s deeds and sayings beyond the power of legal systems and the enforcement of laws and procedures.

12. Corruption and security • In the current uprisings and more full scale revolutions ranging from the Arab spring to the overthrow of the President in Ukraine, one common underlying propellant was rebellion against government corruption. • The same fuel has fed continuing turmoil in post-revolutionary Libya and undercut Nigeria's fight against Boko Haram. Yet the role of acute corruption in fomenting protests and violence is underappreciated and makes efforts to combat crime insufficient.

13. Cont.. • Former journalist and military adviser Sarah Chayes, now a senior associate at the Carnegie Endowment for International Peace, outlined the severity of the threat in a recent panel discussion with two experts from the U.S. Institute of Peace – former Assistant Secretary of State for African Affairs Johnnie Carson and Senior Program Officer Fiona Mangan. • "What's been missing is the [analysis of the] role of severe corruption in driving many of the security crises that the world is facing today," Chayes said in the June 25 in 2015 discussion at USIP.

14. Ukraine and corruption • In Ukraine, exasperation with government graft was among the factors that drove citizens into Kyiv's Independence Square last November and led to the overthrow of President Viktor Yanukovych this year. The events sparked a geo-political crisis when neighboring Russia intervened militarily • Chayes's new report, "Corruption: An Unrecognized Threat to International Security," examines the phenomenon and how the U.S. and other Western nations can improve their foreign policy and assistance to combat the scourge. The report grew out of a workshop and follow-on discussions with representatives from two dozen government agencies, non-government organizations and the private sector.

15. Nigeria and corruption • Nigeria is home to one of the worst insurgencies on the African continent, and the government is effectively fighting three conflicts – against Boko Haram in the north, as well as separate clashes in central and southern parts of the country, USIP's Carson said. And yet corruption not only fuels those conflicts, but also erodes the fighting will and capability of Nigeria's military, the largest on the continent. • Nigeria spends a quarter of its budget on security forces, and yet evidence is rife that Nigerian military officers are stealing oil directly or colluding with oil smugglers. Corruption prevents supplies as basic as bullets and transport vehicles from reaching the front lines, as these commodities are sold to the insurgencies. Soldiers go without food and water, Carson said, as these supplies too can be diverted to enhance the profits of military leaders. • "Nowhere is the link between corruption and insecurity greater than in Nigeria today," said Carson, a senior advisor to the president of USIP.

16. Mali and corruption • The resulting deprivation, elevated risk and sense of injustice was cited as among the reasons a group of Nigerian soldiers in May fired at a vehicle carrying one of their commanders . • In Mali, too, the 2012 coup was sparked in part by outrage of military officers that others were stealing money meant for them to carry out operations. • In the Democratic Republic of Congo, low morale in the military is due in part to a shortage of weapons and munitions because officers were pocketing the funds.

17. Kenya and corruption • Recent security failures in Kenya lead the political attention on the impact of corruption on security sector operational effectiveness. Whereas corruption is often viewed as a costly annoyance with mostly local effects, there is increasing recognition of the significant risks it poses for both national and international security. In this presentation i highlight a couple of examples of how we can link corruption with risks more seriously and offer a few recommendations for effective anti-corruption programming

18. The Problem • In 2013, Kenyan security forces failed to detect and prevent a major terrorist attack on the busy Westgate Shopping Center in Nairobi. • They also failed to prevent the Garissa attack • In 2014, Nigerian security forces were unable to prevent the kidnapping of 300 schoolgirls, to track their abductors or to locate where they were being held captive. • At the same time, the Iraqi army, trained and equipped at vast expense, was quickly overrun by the advance of the Islamic State of Iraq and Syria (ISIS). In all of these cases, serious concerns have been raised about the role of corruption in ignoring or aiding the activities of extremists, in covering up their identities and whereabouts, and in diverting the resources that were intended to be used to fight them.

19. The response • In response to these types of security failures, and the risks they pose to its citizens and allies, the US recently announced its new Security Governance Initiative (SGI), aimed at supporting security sector reform in Ghana, Kenya, Mali, Niger, Nigeria, and Tunisia. • While much of the language to describe SGI focuses on strategic security threats, in particular to the US, emphasis is also placed on building accountable institutions and meeting citizen security needs, such as access to justice. • We need to shift from the traditional ‘train and equip’ approach and give the recognition of the importance of governance and citizen-centered approaches which seem to be a step in the right direction in tackling the endemic corruption that is undermining the operational effectiveness of security services in Kenya.

20. Current situation • In the Transparency International 2014 index of perception of graft among countries Kenya ranked a low 145 out 174 countries. • A report by the Transparency International released recently ranks Kenya 154 out of 182 countries that were surveyed on the Corruption Perception Index.  Their overall score improved only a fraction of a percent from last year, despite a zero-tolerance campaign by the current government administration in Kenya. • The police force is the most corrupt institution in Kenya, according to global anti-corruption watchdog Transparency International.

21. Kenya police • The Kenyan police scored an 81 percent corruption rate, gaining the infamous title of the most corrupt institution in Kenya, as well as reaching in the top ten bribery-prone institutions within all of East Africa. • After the police, the Ministry of Lands, and the Judiciary branch fell among the most corrupt institutions within Kenya. "At the moment, in Kenya as in many countries in Africa, the political leadership remains the greatest obstacle to effective anti-corruption initiatives," said Transparency International Kenya’s executive director, Samuel Kimeu, regarding the findings. • The report came out in light of the ongoing conflict between Kenyan police and Samburu villagers in the Kisargei property of the Laikipia district, which resulted in forced evictions, confiscation of property, and even killing of Samburu activists and villagers.   Spokespersons for the Samburu community expressed suspicion that the police attack was intended to “punish” the community for having initiated legal proceedings against former President Daniel arap Moi, who sold the property to the African Wildlife Foundation.

22. New Police tricks • Corrupt policemen are keeping abreast with technology, and turning to mobile phone transactions and brokers to avoid arrest. • Reputable organisations have since 2001 reported that police are the most corrupt public officers in Kenya. • the discreet methods used by officers to receive bribes have not prevented researchers from gathering facts and presenting the annual indexes. • At a traffic roadblock, the bus conductor or matatu tout would drop a Sh100 note squeezed into a tiny ball as a police officer pretends to check the validity of insurance stickers on the windscreen. The officer allows the vehicle to proceed and picks the note after it drives away. • A driver could also hand over his licence to an officer with a bank note neatly placed inside. The officer would constantly take the notes and return the licence.

23. Findings • Recently, the Kenya Anti-Corruption Commission found out such cases may have reduced, but warned that the level of corruption by traffic police officers remained high, thanks to advances in technology. • Detectives at the commission unearthed a new method by which corrupt officers receive bribes via mobile phone-based technology, like M-Pesa and Sokotele. Some of the cases under investigation show bribery is rampant among traffic police officers and those manning weighbridges. • officers on such assignments were found to be regularly receiving money through cashing agents of mobile phone companies. Regular senders were found to be matatu drivers and conductors, according to a KACC detective. • Long distance truck transporters were also found to be culpable for regularly breaking highway regulations like overloading, exceeding axle limits, smuggling and transporting contraband goods. A typical policeman on a regular traffic beat receives between Sh500 and Sh15,000 daily, the detective disclosed.

24. Cont.. • A report by EACC indicated: "Corruption in the police force has come under increasing scrutiny in recent times. Along with the increasing frequency of bribery, are special challenges presented by the sophisticated methods applied." • The officers avoid receiving money directly from operators, since the bank notes could be treated and serialised to preserve evidence. • According to the investigation, officers had also engaged the services of brokers to make it difficult for detectives to track the phone transactions. The brokers would use their phones to cash money from agents and later hand it over to the officers for a small fee.

25. Cont.. • Service providers require a recipient and the sender to produce national identity card before allowing the transaction. • Commission detectives are focusing investigations on traffic police. "Officers who are regularly on the same assignment expect bribes on a daily basis and prefer using the cellphones. On the other hand, their colleagues aren't sure who they are dealing with and expect instant cash,” • The technological advancement has caused an unprecedented challenge to detectives who had been following leads on corrupt officers using surveillance cameras and catching them red-handed. • Officers take advantage that it is not an offence to receive money via the cellphone, unless it was proved that it was a bribe. The cellphone transactions have largely been traced to police officers in Nairobi and major towns. Detectives said it had not spread to the rural areas where the frequency of bribery was not high.

26. Cont.. • Between January and May 2015, 35 per cent of suspects arrested by the anti-graft officials were police officers. On bribery alone, seven regular police officers and three Administration Police officers were arrested. • In may 2015 — Sixty-three senior police officers, including a police spokesman, have been fired for "corruption and integrity issues," an official of the Kenyan National Police Service Commission said • The investigations revealed a hierarchy in the way proceeds of corruption are shared among police officers, Johnstone Kavuludi said.

27. Some interventions Vetting • "During the vetting, investigations showed some of them were involved in corruption and were even doing it through their juniors," he said, "Through scrutiny of their accounts, the commission was able to establish that junior officers working in the traffic department regularly transferred fixed amounts of money to some of their seniors, suggesting that they had been given targets." • This not only apply with traffic police but analysts report that it cuts across all security personnel • This is because the service providers require a recipient and the sender to produce national identity card before allowing the transaction. • vetting of all police officers was part of a reform package the government agreed to undertake after adopting a new constitution in 2010. The aim is to prevent a repeat of the post election violence that was seen in the country following a flawed presidential poll in December 2007 that left more than 1,000 people dead. Kenya's police force was accused of taking sides during the violence.

28. vetting • Nearly 71,000 officers underwent vetting since vetting began in December 2013 • Vetting was criticized for overlooking human rights records of senior police officers who have been accused of sanctioning and participating in extra-judicial killings of suspects. A U.N. expert on extra-judicial, summary and arbitrary killings said Kenyan police are a law unto themselves and carry out carefully planned, systematic and widespread killings of individuals. An investigation by The Associated Press last year found that many ordinary officers on the beat have turned into killers - doling out death to terror suspects, civilians and even children. • Currently every company seeking to work with government both at the national and county level, sign an approved Business Code of Ethics domiciled in the Public Procurement Oversight Authority. This code was effected through regulations under the Public Procurement and Disposal Act.

29. Cont.. • Any business that fail to comply with the Code will be disqualified from doing business with government for a period not less than 5 years and the information will be made public. • This disqualification not only apply to the business entity but also to its directors. • Companies, and their officials, guilty of breaching the Code will further be delisted from all business association.  the Government will not engage in Business with Companies with blacklisted members. • Accounting officers, AIE holders and supply chain officers are to be held personally liable for doing any government business with blacklisted companies. • The private sector spearheaded a national values campaign under the Mkenya Daima banner, which focused on national values and encouraged every person to not only embrace their rights but pay a greater mind to their responsibilities.

30. President’s commitment • "Corruption is a standing threat to our national security," Kenyatta said in a televised address in Nairobi. • "The bribe accepted by an official can lead to successful terrorist attacks that kill Kenyans," he said. • "I believe that corruption is a standing threat to our national security," President Uhuru Kenyatta said in televised remarks. "The bribe accepted by an official can lead to successful terrorist attacks that kill Kenyans. It can let a criminal off the hook for them to return to crime and harming Kenyans."

31. Actions taken so far • Six members of his cabinet have been sent on forced leave or stepped down this year after allegations of graft. Last week 72 people, including high-ranking officials, were charged with corruption • Banks that break anti-money-laundering laws and regulations will, at a minimum, lose their banking licenses, Kenyatta said, and directors and senior officials at those banks will also be held culpable for abetting money laundering. • Kenyatta said he would personally spearhead the fight that will also go after proceeds of corruption stored offshore. • He also spelled out a raft of measures that he hopes will rein in corruption in east Africa’s largest economy, including lifestyle audits of its employees and a string of requirements for firms doing business with the government.

32. Outcome of corruption • Kenya has been hit by several deadly attacks claimed by al-Shabab • Graft harmed business and made delivery of government services difficult, Kenyatta said. • “The damage to our economy puts millions of lives at peril and undermines our very aspirations as a nation. I am therefore declaring with immediate effect corruption as a national security threat.”   • Without security education, health, infrastructure, water and other services can never be realised. • Corruption in justice and security institutions has a negative impact on the lives of the poor, both directly and indirectly. Direct impacts include reduced accessibility to services responsible for ensuring their rights and maintaining their safety, and an increased vulnerability to security threats and crime.

33. Effects of corruption • Corruption affects the quality of public infrastructure and services, and reduces tax revenues. This eventually leads to lower economic growth; furthermore, corrupt practices lead to poor economic performance through affecting the countries’ priorities and government expenditure. This hinders the process of social and economic development as investment in areas that contribute to economic growth such as education and health is sidelined in favour of investment in large-scale projects. • corruption is a vicious cycle of causes and consequences. • Corruption can be triggered by forms of institutional inefficiency; bureaucracy, political instability, and weak legislative and judicial systems (Mauro, 1998:12). It affects governance and the effectiveness of public services; it affects infrastructure and development priorities, and it undermines the principles of justice, equality and accountability, deepening institutional inefficiency. This leads to a distortion of social harmony, trust, ethics and the value system of society.

34. Cont.. • The poor are also more likely to be subjected to bribery and extortion, as well as threats, intimidation and victimization by security forces (UNODC 2007). Indirect impacts for the poor are mainly economic, resulting from wasted resources and a reduction in foreign investment.

35. challenges • The vetting panel has faced several death threats including a severed head being sent to their office with a note warning them to tread carefully. • Kenyatta said among the measures to be taken against graft include the vetting of customs and revenue officers, whom the government believes are denying the country revenue by taking bribes to overlook individuals' and institutions' tax obligations. The country's spy agency, the National Intelligence Service, has also been ordered to help track down the corrupt, Kenyatta said. • Kenyatta's regime has come under heavy criticism for inaction against graft which American Ambassador to Kenya Robert Godec earlier this month described as a crisis. • Many of the incidents of graft highlighted by the Kenyan media have focused on the Devolution and Planning Ministry. Recently Anne Waiguru resigned as minister, citing health concerns.but corrupt deals have continuously been observed in her ministry

36. Causes of corruption • Delay in providing services creates an environment where bribery thrives.  • Factors common to both include lack of transparency and oversight, insufficient sanctions, and personnel related issues. • Causes specific to particular sectors include political inference in legal systems or poor financial management and national security concerns in defence. • Security officials and their agencies extract their revenues in a variety of ways, including directly from the citizenry through extortion, harassment,threat and often through misuse of power. • So the government end up enabling these trends, wittingly or not, and are scorned by the citizens as a result. • The ruling elites also ensure their own impunity by hijacking the justice systems, either through controlling police or courts or through direct intimidation mechanisms.

37. solutions • Introduce penalties in performance contracts, and tying each department and agency to the timelines given in service charters.  • service-delivery institutions identify services which can be offered faster at an additional cost.  • The Head of Public Service enforce corruption laws. • the Ministry of Education, Science and Technology and related bodies expedite the work of mainstreaming ethics and integrity awareness in the public and private education curriculum with a clear target of it being applicable and examinable in the final year.  • Religious leaders create awareness on corruption a sin against God and humanity. • EACC introduce compulsory and continuous ethics and integrity training across all levels of the public service.  • The most senior officials be scrutinised to a high standard of conduct. • Enforce the Bribery Bill which focus on the supply side of corruption, on those who give bribes or induce public officials.

38. Cont.. • Penalise the failure by the commercial sector to prevent bribery.  • Government sign Mutual Legal Aid agreements with countries that have committed to identify and deal, in their jurisdictions, with illicit wealth acquired in Kenya. • Sign more agreements on anti corruption and follow them up for implementation. • We need become stronger players in the diplomatic arena in encouraging actions that promote global financial integrity. • We teach our congregation for corruption as it is for terrorism. • all partners should enact similar laws because bribery knows no boundaries.

39. Cont.. • EACC Reporting Centre should strengthen their supervision capabilities. • the Hon. Chief Justice, should be seen committed to work with the National Council of Administrative Justice to actualize Fast Tracking prosecution of corruption and economic crimes as envisaged in the Anti-Corruption and Economic Crimes Act.  • The division of the High Court on Corruption and Economic Crimes should be seen to be active. • to ensure we have the necessary institutional framework to sustain war against corruption, the legal and institutional framework on Customs and Border Protection should be reviewed. • Just as the Chief of Staff and Head of Public Service ensured that all staff working in the Kenya Revenue Authority, the Customs and Immigration departments underwent integrity and competency vetting all other agencies workingdirectly or indirectly in the security sector should be vetted.

40. Cont.. • The Attorney General should implement the recommendations by the Task Force on Review of the Legal Policy and Institutional Framework for Fighting Corruption in Kenya. • EACC officials should be trained on how to diligently build strong cases, reclaim assets and achieve convictions. • legislation should ensure that those who come forward with information on corrupt practices are protected. • All corrupt directors and senior officials be pursued relentlessly, individually and collectively, in accordance with the law, should they succumb to corruption

41. Who is responsible to eradicate corruption? • the DPP • the EACC • the Judiciary • Parliament • the private sector • all Kenyans, including government officials and non government officials • The only way we will make it to Vision 2030 and Beyond as a prosperous, secure and dignified Kenya is for us to relentlessly fight the evils that are Abuse of Office, Fraud, Bribery and Wastage. • We will win this fight.  Not least because Kenyans for the first time in decades have strong tools to demand accountability.  The Constitution we passed has provided for ample provisions which when implemented, not only in letter but in spirit, hold public officials, and indeed all Kenyans, to account.

42. Recommendations • Foreign assistance also can be structured in a way to provide incentives for stemming or preventing systemic graft or to ensure that it isn't funneled through corrupted channels, Chayes said. • Donors who often deliver aid via corrupt government agencies in receiving countries, prioritizing good relations with the authorities over concerns about corruption that ultimately eviscerates the value of the aid. • Address Corruption through technical training or remedial efforts • We can rely on nascent civil society organizations to do oversight or challenge graft. • A much more comprehensive approach is needed" to fully account for issues of official corruption in foreign policy and aid efforts • Delay in government making payment for goods and services it has received plays a big part in creating incentives for bribery and rent seeking. 

43. Cont.. • Delay in government making payment for goods and services it has received plays a big part in creating incentives for bribery • every Accounting Officer shall be held responsible for ensuring that all payments for goods and services are paid for in a timely manner as prescribed in the supply contract. • The EACC, The C.I.D and the Asset Recovery Agency, which we are operationalising immediately, will institute proceedings to recover monies from companies that through collusion with public officials supplied above price reference lists. • We should continue to push forward and to expose corrupt situations. • We should prohibit foreign aid for militaries found to engage in severe corruption, similarly to the way the Leahy Amendment in the U.S. bars assistance for foreign militaries found to commit human rights violations with impunity.

44. Hadith • حدثنا بشر بن محمد المروزي قال أخبرنا عبد الله قال أخبرنا يونس عن الزهري قال أخبرنا سالم بن عبد الله عن ابن عمر رضي الله عنهما أن رسول الله صلى الله عليه وسلم يقول كلكم راع وزاد الليث قال يونس كتب رزيق بن حكيم إلى ابن شهاب وأنا معه يومئذ بوادي القرى هل ترى أن أجمع ورزيق عامل على أرض يعملها وفيها جماعة من السودان وغيرهم ورزيق يومئذ على أيلة فكتب ابن شهاب وأنا أسمع يأمره أن يجمع يخبره أن سالما حدثه أن عبد الله بن عمر يقول سمعت رسول الله صلى الله عليه وسلم يقول كلكم راع وكلكم مسئول عن رعيته الإمام راع ومسئول عن رعيته والرجل راع في أهله وهو مسئول عن رعيته والمرأة راعية في بيت زوجها ومسئولة عن رعيتها والخادم راع في مال سيده ومسئول عن رعيته قال وحسبت أن قد قال والرجل راع في مال أبيه ومسئول عن رعيته وكلكم راع ومسئول عن رعيته

45. Reference • Abdul Kader, A. (1973) in Al-buraey M (1985) ‘Administrative Development, An Islamic Perspective’ London, England, first published by KPI limited. • Al-buraey M. (1985) ‘Administrative Development, An Islamic Perspective’ London, England, first published by KPI limited • Asad, M. (2003) ‘The Message of the Quran’, England, The Book Foundation • Badawi, A. (1982) ‘Islamic Teachings’, Halifax: Islamic Information Foundation, Album 4 • Baianonie, M. (1998) ‘The position of Taqwa and its importance in Islam’ • Blunt, E. (2002), Corruption ‘costs Africa billions’ available at http://news.bbc.co.uk/1/hi/world/africa/2265387.stm accessed on 24th October 2009 • Clarke, G. (2007) ‘Agents of Transformation?: Donors, faith-based organisations and international development.’ Third World Quarterly, 28 (1), pp 77-96 • Dillon, J. Ekmekji, E. Feighery,A. Garrett,R. Gray,M, Johnson, T, Jones,S, Legge,T, Leous,J. Raeisghasem, A. and Reilly, K.(2006), Corruption and the Environment, USA, Columbia University. Available at http://www.watergovernance.org/downloads/Corruption_&_the%20Environment_Columbia_U niv_WS_May2006.pdf , accessed on 20th October 2009 • Dugbazah, J. (2009) ‘The Relationships between Values, Religious Teaching and Development Concepts and practices: A Preliminary Literature Review’ Birmingham, University of Birmingham • Iqbal, Z. and Lewis, M.K. (2002), ‘Governance and Corruption: Can Islamic Societies and the West Learn from Each Other?’ American Journal of Islamic Social Sciences, 19(2), 1-33 • Kamali, M. (2002) ‘Freedom, Equality and Justice In Islam’ United Kingdom. The Islamic Texts Society • Khan, A. Tahmazov, I. and Abuarqub, M. (2009) ‘Translating Faith into Development’ available at http://www.islamicrelief.com/Indepth