The office of the Attorney General published Guidelines to assist public and private entities in the Preparation of Procedures for the Prevention of Bribery and Corruption (“the Guidelines”). The Guidelines were published following the enactment of the Bribery Act, 2016 (“the Act”), and should be read together with the Act.
The Act widened the scope of the fight against bribery and corruption by extending the fight to the private sector. Prior to the enactment of the Act in 2016, the law against corruption only targeted the public entities and state organs thus detaching itself from the realities of the expanded private sector. The Anti-Corruption and Economic Crimes Act, 2003, defines corruption as any act of bribery, fraud, embezzlement or misappropriation of public funds, abuse of office, breach of Trust, and an offence involving dishonesty in connection with any tax, rate or levy imposed by any written Act or law.
The Guidelines require each State officer, public officer or person holding a position of authority in a private entity, to report knowledge or suspicion of an act of bribery or corruption within twenty-four hours of their discovery of such information. It provides that the entity or its directors, senior officer or other responsible person shall be liable, on conviction, to a fine not exceeding one million shillings or imprisonment for a term not exceeding ten years, or both, for the offence of failing to report any such activities within the specified duration. Additionally, a private entity commits an offence of bribery if a person associated with it, bribes another person intending to obtain or retain business for the private entity or obtain advantage in the conduct of business by the private entity. The Guidelines also provide for the elements to be considered when developing procedures for prevention of bribery and corruption including assessment of the risk of bribery and corruption within an entity, language to be used in the procedure, and establishment of implementation and enforcement structures. Notably, failure by an entity to establish the Procedures also amounts to an offence under the Act.
