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Integrity Ambassadors
Be a Hero

CORRUPTION
PREVENTION, WORK
ETHICS, INTEGRITY,
ACCOUNTABILITY,
TRANSPARENCY AND
STEWARDSHIP
Kenya Anti-corruption
Training
Christopher Ogola
Corruption Prevention,
Work Ethics, Integrity,
Accountability,
Transparency and
Stewardship

By

Christopher Ogola

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Ariba Book Publishers
Website: www.aribabp.com
Email: admin@aribabp.com
ISBN: 978-1719520669
First published 2018
Printed by: Susmo Enterprises
P.O Box 345-00511
Nairobi

iii
ABOUT THIS BOOK
Corruption is so much ingrained in the society that it has
become acceptable norm, both in the social-cultural and
political fabric of the society and this has made it so difficult to
fight and eradicate corruption. Worse to this, many people are
not reporting cases of corruption and are not aware of the
negative impacts of corruption on the people and the nation
and its cost to the society in general.

This book therefore seeks for find solution to this problem by


educating the community on the causes, effects and the
prevalent acts of corruption; as well as the sectors that are
vulnerable to corruption and the benefits of preventing
corruption in the society. With a better understanding of
corruption, people will develop a positive attitude towards the
fight against corruption and our social and economic
development will improve.

In most cases, corruption occurs as a result of poor ethics, lack


of integrity, accountability and transparency at the work place.
The last five chapters therefore introduce users to the concepts
of work ethics, integrity, accountability, transparency and
stewardship as a step to stop corruption.

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Table of Contents

CHAPTER 1: Introduction to Corruption ...............................................1

CHAPTER 2: Categories of Corruption ...................................................3

CHAPTER 3: Prevalent Acts of Corruption............................................7

CHAPTER 4: Causes of Corruption ........................................................ 16

CHAPTER 5: Corruption in Vulnerable Sectors ................................ 21

CHAPTER 6: Measurement and Equation of Corruption............. 33

CHAPTER 7: Effects of Corruption ........................................................ 35

CHAPTER 8: Prevention of Corruption ................................................ 42

CHAPTER 9: International Anticorruption Bodies ........................... 53

CHAPTER 10: Work Ethics ........................................................................ 58

CHAPTER 11: Integrity in Detail ............................................................. 63

CHAPTER 12: Accountability in Detail ................................................. 66

CHAPTER 13: Transparency in Detail ................................................... 71

CHAPTER 14: Stewardship in Detail ..................................................... 73

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Chapter One
INTRODUCTION TO CORRUPTION
Definition, Why People Become Corrupt, Characteristics

1.1 Definition of Corruption


There is no universal definition of corruption because
corruption is a complex, dynamic and multifaceted
phenomenon that can take a variety of forms. The definitions
of corruption can be interpreted from:
1. Moral definition focusing on corruption as an unethical
behaviour.
2. Legal definition focusing on corruption as a criminalised
activity.
3. Governance definition focusing on corruption as a failure of
governance.
4. General definition focusing on corruption as “the misuse of
entrusted power for private gain”. Most international anti-
corruption bodies are using this general definition.

1.2 Why People become Corrupt


1. Poor leadership, especially by leaders, senior civil servants
and top businessmen
2. Greed and dishonesty and individualism
3. Lack of strict ethical standards and respect for the codes of
conduct that prompt people to act with integrity

1
4. A belief that they will not be caught and that even if
caught, punishment will be light
5. Competition for insufficient goods and services

1.3 Characteristics of Corruption


1. Corruption always involves more than one person
2. Corruption on the whole involves secrecy, except where it
has become so rampant and so deeply rooted that some
powerful individuals or those under their protection would
not bother to hide their activity
3. Corruption involves an element of mutual obligation and
benefit
4. Those who practice corrupt methods usually attempt to
camouflage their activities by resorting to some form of
lawful justification
5. Those involved avoid any open clash with the law
6. Those who are involved in corruption are those who want
definite decisions and those who are able to influence those
decisions
7. Acts of corruption involves deception, usually of the public
body or society at large
8. Any form of corruption is a betrayal of trust
9. Forms of corruption involve contradictory dual function of
those committing the act
10. A corrupt act violates the norms of duty and responsibility
within the civic order

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Chapter Two
CATEGORIES OF CORRUPTION
Categories

2.1 Grand corruption


Grand corruption is defined as corruption occurring at the
highest levels of government where policies and rules are
formulated in the first place. It is common in large
procurement projects such as the building of roads, dams,
hospitals, airports, railways, mining and in arms and defence
contracts. Examples of grand corruption are:
1. Creating nonexistent state loans and making the payments
to ones accounts,
2. Getting bribes from a multinational company and hiding the
money in bank accounts and shell companies overseas.
3. Awarding an overpriced government contract to a shell
company, subcontract the work to a real company that will
do it for much less, and then pocket the difference
4. Pocketing money from international donors

2.2 Systemic corruption


Systemic corruption is when corruption is an integrated and
essential aspect of the economic, social and political system,
when it is embedded in a wider situation that helps sustain it.
Systemic corruption is not a special category of corrupt

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practice, but rather a situation in which the major institutions
and processes of the state are routinely dominated and used
by corrupt individuals and groups, and in which most people
have no alternatives to dealing with corrupt officials.

2.3 Petty corruption


Petty corruption is the everyday corruption that takes place at
the implementation end of policies, where the public officials
meet the public. It is the kind of corruption that people can
experience more or less daily, in their encounter with public
administration and services like hospitals, schools, local
licensing offices, courts, police, registry offices, tax offices etc.

2.4 Political corruption


Political corruption takes place at the highest levels of political
authority. It involves politicians, government ministers, senior
civil servants and other elected, nominated or appointed senior
public office holders. It may include tailoring laws and
regulations to the advantage of private sector agents in
exchange for bribes, granting large public contracts to specific
firms or embezzling funds from the treasury. Political
corruption is sometimes considered a type of grand corruption.

2.5 Sporadic corruption


Sporadic corruption is the opposite of systemic corruption.
Sporadic corruption occurs irregularly and therefore it does not

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threaten the mechanisms of control nor the economy as such.
It is not crippling, but it can seriously undermine morale and
sap the economy of resources.

2.6 State Capture corruption


State capture is a type of systemic political corruption in which
private interests significantly influence a state's decision-making
processes to their own advantage. In this type of corruption,
procedures (such as laws and social norms) and government
bureaucracy are manipulated by private individuals and firms
so as to influence state policies and laws in their favour.

2.7 Administrative Corruption


Administrative corruption normally indicates the corruption that
occurs in administrative hierarchy. This type of corruption is
mainly concerned with corruption in governmental
administration and not in non-governmental administration.
Most of the time, administrative corruption is practiced by
bribery and in some cases it is considered a type of petty
corruption.

2.8 Corporate Corruption


Corporate corruption refers to crimes of corruption carried out
by a corporation or by individuals who are identified with the
corporation. A corporation is a large company or groups of
companies controlled together as a single organisation.

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2.9 Direct Corruption
Direct corruption is when someone personally engages in
unethical actions to make a gain for himself/herself. An
example is a public official taking funds that were paid to the
government in taxes and embezzling the money to make
himself/herself rich.

2.10 Indirect Corruption


Indirect corruption is when someone enables the corrupt acts
of someone else by not taking action against the person or,
even worse, taking action against anyone who tries to stop
the direct corruption.

2.11 Bureaucratic Corruption


This is the corrupt acts of the appointed bureaucrats in their
dealings with either their superior (the political elite) or with
the public. In its most common form, the public may be
required to bribe bureaucrats either to receive a service to
which they are entitled or to speed up a bureaucratic
procedure.

2.12 Legislative Corruption


This refers to the manner and the extent to which the voting
behaviour of legislators can be influenced. Legislators can bribe
or be bribed to enact legislation that can change the economic
rents associated with assets to serve their interest.

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Chapter Three
PREVALENT ACTS OF CORRUPTION
Prevalent Acts

3.1 Bribery
Bribery is the form of corruption that receives the greatest
share of reference. It is the essence of corruption. Bribery is an
offer of money or favours to influence a public official and can
come in the form of a fixed sum, a certain percentage of a
contract, or any other favour in money in kind, usually paid to
a state official or business person who can make contracts on
behalf of the state or business or otherwise distribute benefits
to companies or individuals, businessmen and clients.
Sometimes the concept of bribery can be hidden under the
guise of other terms such as kickbacks, gratuities, sweeteners,
commercial arrangements, speed money, pay-offs, and milking.
In all cases, these words explain payments that serve to make
things pass more swiftly, smoothly and more favourably
between two parties who are, in the case of this module, the
government and an outside party.
Through bribery corporations and businesspersons can buy
political favours, escape the burden of taxes and environmental
regulations, and buy protected markets and monopolies, and
import/export licenses. Bribery can also be a form of informal
taxation when public officials charge additional unofficial

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payments or expect gifts from clients in order to process a
request.
Through bribery business interests can also buy political
favours and, for example, escape the full burden of taxation
and environmental regulations, buy protected markets and
monopolies, import and export licenses, and gain access to
large state contracts on capital goods or major civil
engineering projects. All of these activities compromise free
competition and disturb the national economy.
Usually, both the giver and receiver of bribe are liable for the
offence of bribery. The penalties for bribery offense include:
1. Imprisonment
2. Being fined
3. Being barred from holding public office
4. Being disqualified from transacting business with the
government
5. Being disqualified from serving as a government partner in
any firm
6. Confiscation of any property acquired through bribery
7. Punishment by ones professional body

3.2 Fraud
Fraud occurs when a person cheats another through deceit. It
is usually a financial crime in which someone manipulates or
distorts information and facts. For example, false advertising,
identity theft, illegal trade networks, counterfeiting and

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racketeering, forgery, smuggling, confidence tricks, inflated
invoices, double salary payment, bid rigging, contract over-
payment and other actions of deceit are examples of fraud. In
the public domain, a public official who commits fraud
manipulates the flow of information for his personal profit.
Even when they are not actually involved in fraudulent
activities, government officials who ignore the fraud are set to
be passively participating in the fraud that is committed by
others. The penalties for fraud offense include:
1. Heavy fines
2. Incarceration
3. Restitution for the victims
4. Being barred from holding public office
Note:
Some people use the word "fraud" to mean “misstatement"
and vice versa, but they are different in the following ways:
1. Fraud is a deliberate misstatement of a material fact while
misrepresentation is a bona fide representation of
misstatement believing it to be true which turns out to be
untrue
2. Fraud is done to deceive the other party but
misrepresentation is not done to deceive the other party
3. In fraud, the party making representation knows the truth
however in misrepresentation the party making
representation does not know the truth

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3.3 Money-Laundering
Money laundering involves a process used which disguises the
original control or ownership of money giving it the false
impression that it has come from a legal source. Criminals
involved in money-laundering usually avoid detection by doing
the following:
1. Smurfing - is when money is broken down into legal
allowed amounts to avoid detection. The small amounts are
then deposited to the bank
2. Cash Smuggling – smuggling of bulk cash amounts over
borders
3. Operating shell corporations - shell corporations exist on
paper, but they don’t operate or they operate at a
minimum. They are used to open offshore accounts
4. Buying foreign currency - using the illegal money through
foreign exchange companies and then changing it back at a
later stage to get legal money in return
5. Blending – is blending funds in business by mixing
legitimate and illegal money
The penalties for money-laundering include:
1. Imprisonment
2. Heavy fines
3. Probation
4. One may be barred from holding public office
5. Restitution for the victims

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3.4 Embezzlement
This is the process of stealing, misdirecting or misappropriating
funds or assets placed in one’s trust or under one’s control.
The two forms of embezzlement risk include:
1. Cash embezzlement – For example, using public money to
buy a personal property such as land, vehicle, a house etc
2. Assets embezzlement – For example, using public vehicles
for unauthorized personal use such as transporting goods
for personal business, construction materials etc
The penalties for embezzlement offense include:
1. Heavy fines
2. Imprisonment
3. Probation
4. One may be barred from holding public office
5. Restitution for the victims

3.5 Extortion
This is the act of impairing or harming, or threatening to impair
or harm, directly or indirectly, any party or property of the
party to influence improperly the actions or decisions of a
party. The following are some of the different criminal actions
that fall under extortion:
1. Threats to drive someone out of business
2. Threats to destroy somebody’s good name
3. Threats to kidnap or injure somebody
4. Threats to expose somebody’s family or personal secret

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5. Threats to collect a debt by illegal means
6. Threats to hurt somebody if they do not do something
Note:
Extortion should not be confused with robbery because
robbery often makes use of force in order to gain something
from another person while in extortion a victim willingly hands
over whatever the perpetrator is asking for in order to avoid
suffering from damages, violence, or exposure at a later date
The penalties for extortion offense are:
1. Heavy fines
2. Prison sentence
3. Restitution for the victims
4. Probation
5. Being barred from holding public office

3.6 Conflict of interest


Is a situation in which a person has private or personal interest
which is sufficient to appear to influence the objective exercise
of his or her duties as an employee or a professional or a
public official. Even if there is no evidence of improper actions,
a conflict of interest can create an appearance of impropriety
that can undermine confidence in the ability of that person to
act properly in his/her position. An example of conflict of
interest is when a lawyer represents a client in a civil dispute
while accepting fees from litigants who hold the opposing
point of view

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3.7 Clientelism
Clientelism is at the heart of how corruption is spread through
the government. It is characterized by "patron-client"
relationships in which relatively powerful and rich "patrons", in
the case of parliamentarians, political candidates, and promises
to provide relatively powerless and poor "clients" with benefits,
such as jobs, protection or infrastructure, in exchange for votes.
These relations are corrupt because they exploit the poor or
disenfranchised to become indebted to the elected, for work
that is a part of his job responsibilities. Thus, the democratic
principles that define the political process are reduced.

3.8 Rent-Seeking
It is the process by which an individual, organization, or firm
seeks to profit by manipulating the economic environment,
rather than improving and expanding economic activity. Often
times rent-seeking behaviour is considered corrupt because it
implies that money, or potential earnings, are reallocated in a
manner that is not beneficial to or approved by all
stakeholders. Rent seeking also occurs when monopoly
privileges are sought, for example a major media company is
engaged in rent-seeking behaviour when it seeks to change
the media ownership laws in its favour or against other
companies because it benefits not by producing something
that others want to pay for through the market, but by the
force of law. Whether legal or illegal, as they do not create any

13
value, rent-seeking activities can impose large costs on an
economy.

3.9 Cronyism
Cronyism is a type of partiality in which a long-standing or
close friend is given any position or authority regardless of his
qualification. It is contrary to the term meritocracy that
considers the merit. Cronyism happens when the appointer and
the beneficiary are in social contract. This practice is conducted
by the appointer especially when he is in a weak position on
his job position or authority and appoints individuals who will
not try to weaken him or her or express views contrary to his
or her decisions.

3.10 Collusion
Collusion is an arrangement between two or more parties
designed to achieve an improper purpose, including influencing
improperly the actions of another party. In the everyday
working world, there are various flavours of collusion. General
expressions or behaviours that reflect collusion are things like,
"giving to get", "you scratch my back and I'll scratch yours",
"going along to get along" and "one hand washing the other".
An example of collusion is where bidders collude in order
fraudulently to arrange which bidder will win a contract and at
what price.

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3.11 Nepotism
Nepotism is another common form of corruption that occurs
when officials favour relatives for positions in which they hold
some decision-making authority. This type of favouritism is the
natural human proclivity to give preferential treatment to
friends and families, and occurs in both the public and private
sectors.

3.12 Abuse of discretion


Abuse of discretion refers to the misuse of one's powers and
decision-making facilities, e.g. a judge improperly dismissing a
criminal case or a customs official using their discretion to
allow a banned substance through a port; a official responsible
for government contracting may exercise the discretion to
purchase goods or services from a company in which he or she
holds a personal interest or propose real estate developments
that will increase the value of personal property.

3.13 Other Forms of Corruption


1. Influence peddling - Is a form of corruption where
beneficiary cannot make the decision but uses his or her
position to influence the decision-maker
2. Tribalism - Is the practice of hiring members of one’s tribe
for public or private jobs regardless of their qualifications
3. Larceny – Is the taking of a public property without it
having ever been in your position prior to the act of theft

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Chapter Four
CAUSES OF CORRUPTION
Causes

4.1 Personal greed


Personal greed leads to an unfettered desire for money, power
or control, with no regard whatsoever to moral boundaries. The
underlying reason is the innate human impulse to own external
goods, even when it is not subject to personal integrity. Greed
is the root of all corruption in mind.

4.2 Decline of personal ethical sensitivity and morality


Morality is a system of standards and regulations and disobey-
ing them can lead to corruption. Moreover, decline in personal
ethical sensitivity, either due to lack of education or negative
learning experiences can cause corruption.

4.3 Lack of sense of service


When there is lack of sense of responsibilities and service
oriented spirit when working in public or private institutions,
corruption can occur. This is seen, for instance, in those who
use politics for their selfish interests, instead of serving the
common good through politics. Such leaders are different to
the requirements of the people and the society.

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4.4 Lack of awareness and courage
Lack of courage to denounce corrupt behaviour and situations
is conducive to corruption. That is the case of someone who is
aware of corruption and stays quiet. They simply cover for the
corrupt individuals, perhaps thinking that it is not their
problem, or perhaps out of cowardice, so as not to make their
lives more complicated.

4.5 Cultural environment that condone corruption


Corruption is inevitable where it is part of the culture. For
example, admiring corrupt people and rationalizing false
arguments with no moral basis like “you have to be smart to
evade taxes”; “everyone does it”; “take advantage while you
can”; “life is short” encourages corruption.

4.6 Lack of transparency and accountability


Lack of transparency and accountability, especially at the
institutional level makes it almost impossible for people outside
government to spot and denounce cases of mismanagement
and corruption.

4.7 Inefficient regulations and controls


Lack of effective internal control can hinder implementation of
anti-corruption program and this encourages corruption. The
first objective of a control is to determine if the anti-corruption

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compliance program is adequately implemented and if it is not,
why not.

4.8 Slow and unreliable judicial process


Sometimes corruption cases drag on for years. This creates a
backlog of pending cases which makes it difficult to take legal
action against the corrupt. By the time the sentence comes, the
crime is already forgotten.

4.9 Lack of moral criteria in promotions


Corruption is prevalent when there are no criteria for proven
integrity and responsibility in the promotion. Such criteria are
ignored when someone is promoted simply because of their
loyalty to whoever is in charge or if it is only their strategic or
organizational skills that are evaluated.

4.10 Reacting mildly to corruption charges


Little power of decision within organizations/government
regarding the possibility of penalizing acts of corruption to set
examples creates an environment conducive to perpetuating
corruption.

4.11 Weak democracy


A weak democracy promotes corruption because of lack of
orderly, structured and open economic and political
competition.

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4.12 Lack of strong civil society
When the civil society is weak, citizens become more
vulnerable to exploitation and are unable to construct the
coordination mechanism necessary to combat corruption. Most
countries with poor social empowerment have a deeply
entrenched corruption.

4.13 Low press freedom


Lack of free press opens multiple opportunities for corruption
by officials, politicians and bureaucrats. Therefore, curbing
press freedom is an important means of ensuring that corrupt
officials are not held accountable. This encourages corruption.

4.14 Political instability


Higher levels of political instability are associated with higher
corruption, and it is often argued that political instability and
corruption induce socially sub-optimal governmental policies,
with potentially large adverse effects on social welfare.

4.15 Favouritism
Favouritism can be demonstrated in hiring, honouring, or
awarding contracts. Favouritism undercuts the transparency
that should be part of governmental hiring and contracting
processes and this can cause corruption.

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4.16 Low salaries:
Lowly paid workers who handle transactions involving huge
amounts of money can be tempted to engage in illegal deals
since even the smallest supplement to the income can have an
important impact on a family’s living conditions.

4.17 Lax procurement procedures:


Lax procedures and tender processes allow siphoning off of
funds, resulting in less money available for social services.

4.18 Favouritism
Favouritism can be demonstrated in hiring, honouring, or
awarding contracts. Favouritism undercuts the transparency
that should be part of governmental hiring and contracting
processes and this can lead to, or cause corruption.

4.19 Expediency in the political system


Political expediency can cover all manner of political ‘sins’ and
corruption in a political system, for example: supporting causes
promoted by interest groups for personal gain, taking
advantage of loopholes in order to benefit personally (e.g.
employing family etc) and seeking employment opportunity
(present or future) related to public office.

4.20 Lack of detection and sanction and lack of coordination among


enforcement institutions often increase opportunities for corruption

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Chapter Five
CORRUPTION IN VULNERABLE SECTORS
Vulnerable Sectors

5.1 Police
No police force is above corruption given the extent of
discretion usually bestowed on officers in enforcing the law.
The police service is a national haven for petty corruption such
as the payment of a bribe to avoid a traffic fine. The following
are effects of police corruption:
1. Police corruption tarnishes the public image of law
enforcement. This discourages people from reporting
criminal cases to the police.
2. Police corruption protects other criminal activities such as
drug dealing. Protected criminal activities are often lucrative
sources of income for organized crime.
3. Police corruption encourages impunity by allowing criminals
and corrupt individuals both in the public and private sector
to go unpunished. This is common when politicians and
high profile public officers have committed financial crimes.
4. Loss of lives on roads (due to corrupt traffic officers), loss of
businesses, personal properties through confiscation etc
How to avoid police corruption:
1. Politely refuse to pay the bribe - Simply do not accept
paying a bribe as a solution. If you broke the law and were

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caught, accept the fine and not the bribe as your
punishment. Remain respectful at all times.
2. Do not accept the threats -If you have not broken the law
and the police officer is just harassing you for a bribe, ask
him to write up a fine. It is unlikely that he will do so as it
will create a paper trail that will lead back to him. If the
harassment continues, the police officer is committing a
crime, and you are entitled to phone the police for help.
3. Report the police officer -Most police officers who are
soliciting bribes will ensure that their badge number and
name are not visible. If you can see this identifying
information, take it down. It is also worth noting any license
plates or the location of a road block, as these could be
used to identify the officer.

5.2 Judiciary
An effective and demonstrably independent judiciary
guarantees fairness in the legal process and, ideally, the
equality of all under the law. As such, it is a powerful weapon
against corruption. Judicial corruption, however, strikes at the
very heart of a society, jeopardizing the rule of law and making
a mockery and sham of the very idea of justice and its
impartial administration. Two types of corruption that most
affect judiciaries are political interference in judicial processes
by either the executive or legislative branches of government,
and bribery. Judges can be subjected to political pressure, and

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political interference can also distort the judicial appointment
process. An inefficient court system that creates a backlog of
cases can lead to bribes in seeking to have matters fast
tracked. Some of the effects of corruption in the judiciary are:
1. Encourages more corruption in the public sector - because
most corrupt government officials and politicians are not
punished for being corrupt by the court of law. They end up
stealing large amounts of money from the public. In fact,
more people are becoming more corrupt because they can
manipulate court decisions. They use part of the money
stolen to improperly win court cases against them.
2. Undermines social and economic development - when the
money meant for improvement of various social and
development projects end up in the hands of the corrupt,
for example money meant for construction of roads,
hospitals, etc
3. Leads to suffering by people, especially the poor - for
example, whenever there is a case involving a poor and a
rich person, there is a high chance that the poor will lose
the case even if the court should rule in favour of him/her.
This is because they have no economic ability to offer
bribes to the court officials.
How to prevent corruption in the judiciary:
1. Always refuse to pay the bribe - simply do not accept
offering the bribe or any other favour improperly demanded
from you.

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2. Report the corrupt - in case you are being threatened or
harassed, report the official threatening/harassing you to
the police.
3. Accept the penalty - in case you are found guilty of an
offence, accept the penalties but never offer a bribe.
Accepting the penalty is one way of being sorry for the
offence you have committed.

5.3 Public procurement


Public procurement is the purchase by governments of goods,
services and works. Few government activities create greater
temptations or offer more opportunities for corruption than
public sector procurement. Large and small amounts of public
funds can be diverted to private pockets through kickbacks,
bribery, favouritism, bid rigging, nepotism, and other forms of
corruption. Requirements and criteria for selecting bidders can
be tailored to suit a specific vendor. Poor implementation of
the contracts can be overlooked by a bureaucrat in exchange
for a favour or bribe. Effects of corruption in procurement
include:
1. Loss of public funds through high payment of goods and
services and promotion of unnecessary or unproductive
expenditures. The funds end up in the pockets of the
corrupt
2. Decrease in government revenues due to low quality and
inferior investments, explaining parts of budget deficits. This

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encourages the government to borrow a lot of money
which are repaid with very high interest rates.
3. Misallocation of public spending when investment decisions
are influenced by the opportunity to corruption. For
example, large construction projects like roads, railways etc
are given priority at the expense of sectors such as health
and education
4. Negative effect on economic development because the
money meant for growth end being stolen. This contributes
to more poverty
To prevent corruption in the procurement sector:
1. Refuse to pay/demand a bribe - if you have been asked for
a bribe to win a contract, report the case to the relevant
authorities. Also, if you detect that a contractor/supplier is
planning to offer bribe or other improper benefit to the
recipient, report him/her to the authorities.
2. Never falsify records
3. Simply cancel the contract if it must involve corruption
4. Consult in case you do not know the procedure to be used
in the procurement process

5.4 Taxation
Corruption in the taxation system has the potential to starve
the government of the much needed revenue that is either not
collected or diverted illegally. Any lack of clarity in tax
legislation requiring discretion on the part of officials is an

25
opportunity for corruption. These are some of the effects of
corruption in the tax sector:
1. Loss of job, fines or jail for those who are found guilty for
committing corruption offence
2. Lower tax collection as a result of stealing and
embezzlement of the tax collected, as well as failure by tax
payers to pay tax.
3. Results in government budget deficit because of inadequate
tax collection as indicated above.
4. Underdevelopment when the government is not able to
finance development activities due to deficits. This
negatively affects economic growth
5. Foreign borrowing by the government to cover the budget
deficits. Borrowed money is expensive due to very interest
rates
Corruption in this sector can be reduced by:
1. Being responsible -Pay tax as required by the law
2. Reporting the tax defaulters -Report those who are not
paying taxes

5.5 Land Administration


There is a very high risk of corruption in land administration.
The common forms of corruption in land administration are
bribery of land administration officials, bribery of law
enforcement authorities, fraud and production of false land
claim. The effects of corruption in land administration are:

26
1. Loss of job, fines or jail for those who are found guilty for
committing corruption offence
2. Resentment stemming from corrupt land transfers leading
to conflict and violence
3. Non-consensual land transfer, potentially leading to a loss
of livelihood for dispossessed families
4. Reduced confidence in the enforcement of existing land
rights which may in turn increase the risk of reducing
investment and engagement with formal land registration
systems
5. Inefficient land ownership with land owned by those most
able to undertake corrupt acts rather than those with the
best potential to use it.
6. Reduced desire among elites for land reform and the
implementation of a well-functioning system of land
governance. If elites can acquire land corruptly they will feel
less the need for a well-functioning land- market. Reforming
the governance of land is also often tied up with reforming
the allocation of land, and hence a greater amount of land
accumulated unjustly will lead to greater fears of future
reallocations
To prevent land corruption:
1. Always refuse to pay the bribe
2. Never accept a bribe or any other favour improperly
demanded from you.

27
3. Report the corrupt - In case you are being threatened or
harassed, report the official threatening/harassing you to
the police.

5.6 County Administration


Corruption is rampant in the county administration due to lack
of transparency. The common forms of corruption include:
1. Bribery and favouritism
2. Procurement irregularities
3. Embezzlement of public funds
4. Shoddy implementation of projects,
5. Abuse of office, conflict of interest, misuse of public
resources
6. Delay in service delivery and
7. Discrimination.
Effects of corruption in county administration:
1. Loss of job, fines or jail - those who are found guilty for
committing corruption offence
2. Loss of public funds due to embezzlement by the county
officials.
3. Underdevelopment when the money meant for
development of public facilities are embezzled by officials.
Shoddy work done by officials, especially in road
construction also hinders development of counties
4. Poor social services, especially in the health sector. Most
hospitals and dispensaries are poorly equipped

28
To prevent corruption in the county administration:
4. Always refuse to pay the bribe
5. Never accept a bribe or any other favour improperly offered
to you.
6. Report the corrupt officials - In case you are being
threatened or harassed, report the official
threatening/harassing you to the police.

5.7 Customs and Taxation


Customs is one of the most vulnerable sectors to corruption.
Opportunities for corruption arise in the complexity of customs
procedures, administration of freight clearance and in customs
enforcement. Without clear and accessible information, clients
are forced to rely on customs bureaucrats’ rulings, however
arbitrary. Corruption in taxation involves officials who receive
bribes from tax defaulters in order to clear their names.

5.8 Defence
With huge budgets and lucrative contracts combined with a
lack of transparency because of military and strategic secrecy,
the defence sector poses unique risks. It is especially vulnerable
given the prevalence of single source contracts, unaccountable
and often overpaid agents, obscure defence budgets and
effective scrutiny obscured by a veil of secrecy for “national
security” reasons. There are also corruption cases during
recruitment of military personnel.

29
5.9 Education
Education is one of the single biggest items in the budget and
therefore represents a prime target for corruption. Because
education requires an often large and complex administrative
apparatus, the opportunities for corruption are many and
varied. Those who provide education services are in a strong
position to extort favours.

5.10 Health
Corruption in the health sector has severe consequences on
access, quality, equity and effectiveness of health care services.
At the service delivery level, unofficial user fees (informal
payments) either discourage the poor from utilizing services or
force them to sell valuable assets driving them further into
poverty. Informal payments are regressive and can constitute a
major burden on scarce household resources. Procurement of
drugs and expensive medical equipment may involve bribery,
kickbacks and fraud, embezzlement and misappropriation.

5.11 Resources and energy


The energy and resources sectors often either are state-run or
have a high degree of state involvement as formal stakeholder
or as regulating or licensing authority. This can mean special
deals for favoured companies, in exchange for gifts to key
officials and policy-makers. There is also the potential for
embezzlement and self-dealing.

30
5.12 Media
Mass media is the most important source of information for
citizens. However, they represent a potentially significant means
of manipulating and influencing public opinion for private or
political interests. Monopoly media control, whether
government or private, can lead to corruption through
censorship, selective broadcasting or the promotion of private
or political interests.

5.13 Political parties


The running of a political campaign is an expensive business
and political parties require significant funding to undertake
them. The temptation is always there for a party to improperly
use government resources for political purposes. Political
parties can also extort bribes, and supply their members and
followers with lucrative positions in the public sector, or to
channel public resources into the hands of party leaders or
supporters.

5.14 Elections
The falsification of election results represents a major fraud on
the public and constitutes a fundamental corruption of the
democratic process. Like other areas of corruption, it takes
many forms, from the manipulation of the electoral rolls, the
prevention of eligible citizens from voting, the illegal
disqualification of candidates, vote buying to falsify results etc

31
5.15 Private sector
Much of the focus on anti-corruption is concerned with the
public sector, but corrupt actions in the private sector are often
a causal factor in corruption in the public sector. Like other
forms of corruption it can take many forms, but is mostly
associated with the payment of bribes, unlawful inducements
to officials, and acceptance of illegal commissions or kickbacks
etc. The private sector can also avoid paying taxes through a
range of illegal and quasi-legal subterfuges thus depriving host
governments of revenue.

5.16 Integrity agencies


Bodies set up to guard against corruption are themselves
obvious targets for corruption, blunting their effectiveness.
Dedicated anti-corruption agencies, like other law enforcement
bodies, can be subverted and weakened by corruption. Such
institutions sometimes become highly corrupt when there is no
or little accountability and transparency, no over sighting in its
operations, and political interests take precedence over its
mandate.

5.17 Civil Registry


Civil services such as registration of births, deaths, business
licensing etc are prone to bribery and other forms of
corruption, usually in exchange for quick service.

32
Chapter Six
MEASUREMENT AND EQUATION OF
CORRUPTION
Measurement, Equation

6.1 Measurement of Corruption


Measuring corruption quantitatively is difficult not just to the
illicit and necessarily secretive nature of the transaction, but
also the imprecise and sometimes ambiguous definitions of
corruption.
However, the formation of Transparency International (TI) in
1993 followed by the publication of its annual Corruption
Perceptions Index (CPI) since 1995 have been most influential
factors at work in drawing attention to corruption.
The index broke new ground by offering for the first time a
systematic basis on which to compare perceptions of
corruption across a range of different countries, year by year.
The Perception Index gives countries a score from zero to 100,
where zero is a perception that the country’s public sector is
“highly corrupt” and 100 is “very clean”.

6.2 Equation of Corruption


C=R+D–A
Where:

33
C stands for corruption,
R stands for economic rent,
D stands for discretionary powers,
A stands for accountability
Stated differently, the equation tells us that a fertile ground for
growth of a thoroughly corrupt system emerges if it satisfies
the following five conditions:
1. It has a large number of laws, rules, regulations, and
administrative orders to restrict business and economic
activities, thereby creates huge opportunities for generating
economic rent
2. If it has a large number of restrictive measures that are
complex and opaque and applied in a selective, secretive,
inconsistent and non-transparent way;
3. Administrators are granted large discretionary powers with
respect to interpreting rules, are given a lot of freedom to
decide on how rules are to be applied, to whom and in
what manner they are to be applied
4. Administrators are vested with powers to amend, alter, and
rescind the rules, and even to supplement the rules by
invoking new restrictive administrative measures and
procedures; and
5. There are no effective mechanisms and institutional
arrangements in the country to hold administrators
accountable for their actions.

34
Chapter Seven
EFFECTS OF CORRUPTION
Effects

7.1 Effects on Individuals

1. Dismissal of individuals from employment, i.e.


The growing trend of anti-corruption requirements by
governments and organisations has the effect that
employers must now be seen to be imposing stricter
disciplinary measures against employees who have been
involved in corruption, including dismissal from employment
2. Reputational damage for individuals, i.e.
Involvement by an individual in corruption may cause
irreparably damage an individual’s reputation
3. Serious penalties, i.e.
The penalties for corruption offences can be severe. In most
jurisdictions, such penalties for individuals may include
several years’ imprisonment and heavy fines
4. Disciplinary action against individual members by
professional associations, i.e.
Professional associations are becoming more conscious of
their duty to deter corruption by their members, and may
impose fines on, or suspend or disqualify from practice,
members who have engaged in corruption.

35
7.2 Effects on Society

7.1 Corruption leads to waste of public resources


As a result of corruption, investments are not allocated to
sectors and programmes which present the best value for
money or where needs are highest, but to those which offer
the best prospects for personal enrichment of corrupt
politicians. Thus resources go into big infrastructure projects or
where kickbacks are high, to the detriment of sectors like
education and health care. Moreover, public tenders are
assigned to the highest bribe payer, neglecting better qualified
companies not willing to bribe, which undermines the quality
of the projects carried out. In some instances public funds are
simply diverted from their intended use, embezzled and
exploited for private enrichment.

7.2 Uneven Income distribution


Under a corrupt system, the privileged and the well-connected
enjoy economic rent. As such, there is a tendency for wealth to
be concentrated in the hands of a tiny minority of the
population. Income distribution, therefore, becomes highly
uneven. In addition, the burden of corruption falls more heavily
on the poor as they cannot afford to pay the required bribes
have adequate access to government provided services.

36
7.3 Corruption corrodes public trust, undermines the rule of
law and democracy
Rules and regulations are circumvented by bribes, public
budget control is undermined by illicit money flows and
political critics and the media are silenced through bribes or
extortions levering out systems of checks and balances.
Moreover, corruption in political processes like elections or
party financing undermines the rule of the people and thus
democracy.

7.4 High cost of doing business and prices to consumers


When entrepreneurs and businessmen are required to pay
bribes before necessary permits are issued, they tend to view it
as a cost of doing business and therefore pass that cost onto
consumers who suffer from high prices. In instances where
businesses refuse to pay “speed money” or grease the palms of
the corrupt, they are subjected to delays and frustration. Again,
these frustrations increase the cost of doing business and are
passed onto the consumer in the form of higher prices.

7.5 Reduced investment leads to reduced goods and


services and inflation
In extreme cases, the extortion of bribes from entrepreneurs
can be seen as a burden which can reduce the incentive to
invest. Foreign entrepreneurs for example shy away from a
corrupt country because they claim the cost of doing business

37
is too high when one factors in the bribes. Reduced investment
leads to reduced goods and services, burdens the government
through importation of the goods and services.

7.6 Reduced commitments from donor agencies


Corruption reduces the effectiveness of aid flows through the
diversion of funds from their intended projects. Donor agencies
are now concerned that their aid end up in the pockets of
corrupt government officials or used to finance unproductive
public expenditure.

7.7 Reduced tax revenues


Corruption also brings about loss of tax revenue when it takes
the form of tax evasion or the improper use of discretionary
tax exemptions. There are the familiar stories of tax officers
receiving bribes and looking the other way as tax evasion runs
rampant.

7.8 Government’s inability to finance budget expenditures


By affecting tax collection, corruption has adverse budgetary
consequences. Tax revenue is used to finance budget
expenditures, therefore with reduced tax revenues; the revenue
section of the national budget is reduced, resulting in adverse
budgetary consequences. Revenue shortfalls lead to borrowings
to meet the deficits which leaves higher interest obligation for
future generations.

38
7.9 Inferior public infrastructure:
The allocation of public procurement contracts through a
corrupt system leads to inferior public infrastructure and
services. For example corrupt officials might allow the use of
cheap sub-standard materials in the construction of roads,
buildings or bridges. When corrupt politicians influence the
approval of an investment project, the rate of return as
calculated by cost benefit analysis ceases to be the criterion for
project selection. Consequently, the selected projects are not
selected on merit. These projects are sometimes never
completed because of exorbitant upfront bribes eroding the
operating capital.

7.10 Poor maintenance of infrastructure


Because of corruption, maintenance and repairs always takes a
back seat to new projects. For fear of being exposed, corrupt
officials prefer to approve new projects rather than spend to
revamp the old corrupt projects they approved in the first
place. The result is that new projects are constantly being
undertaken whilst existing infrastructure is left to deteriorate

7.11 Impact on economic reforms


Unfortunately, corruption places severe constraints on a
country’s capacity to undertake economic reforms. This is
because reforms require greater transparency, accountability,
free and fair competition, deregulation, and reliance on market

39
forces and private initiative, as well as limiting discretionary
powers, special privileges, and price distortions – all of which
will reduce opportunities for economic rent on which
corruption thrives. The rich and the powerful, the main gainers
of a corrupt system, therefore can oppose reforms.

7.12 Fragility and conflicts


Corruption has doubly pernicious impacts on the risks of
violence, by fuelling grievances and by undermining the
effectiveness of national institutions and social norms. Further,
corruption can undermine the roles of crime-fighting
government agencies like the police and investigators,
encouraging efforts of organised crime.

7.13 Rise of the underground economy


Underground economic activities exist in all countries. They are
of two types. First, there are those that are illegal such as
engaging in the drug trade or the smuggling business. The
second consists of those activities that are legal but are not
officially recorded to evade taxes or for some other reason.
Corruption gives rise to both these types of activities.

7.14 Social costs


In any society, there are laws and regulations to serve social
objectives and to protect the public interest, such as building
codes, environmental controls, traffic laws and prudential

40
banking regulations. Violating these laws for economic gain
through corrupt means can cause serious social harm. There
has also been growing concern over corruption in large
infrastructure projects such as dams and bridges, railways and
roads. Shoddy workmanship, use of substandard materials and
disregard for proper design and engineering specifications, due
mainly to corruption, has caused bridges and buildings to
collapse resulting in heavy loss of life and property.

7.15 Effect on Governance


Corruption, hidden by nature, is a violation of agreed rules and
affects democracy and good governance, i.e. basically the way
decisions are taken, through various channels. A core function
of a democratic state is the control over public funds through
the public finance system. Corruption can undermine this
system in three ways.
1. First, corruption undermines provision of public goods and
causes excessive social inequality.
2. Second, corruption distorts the budget towards
expenditures offering the highest corrupt opportunities,
undermining thereby the democratically wished use of
resources favouring narrow interests over public interest.
3. Finally, corruption may also directly seek to influence the
policy making and the rules and regulations of a society,
thereby undermining democratic processes as well as the
legitimacy of the state.

41
Chapter Eight
PREVENTION OF CORRUPTION
Benefits of Prevention, Prevention

8.1 Benefits of Preventing Corruption


1. The economy of the country will improve
2. With growth of economy, more revenue will be collected
3. More jobs will be created and this will benefit the large
number of the unemployed youth.
4. We will have better social services, for example good health
care system and education.
5. The public infrastructure will be improved which will
improve economic development.
6. Poverty will reduce as more people will be able to start
personal investments leading to improved living standards.
7. Transparency will be improved which will lead to good
governance.
8. The crime rate will decline and we shall have improved
stability and security.
9. Foreign investors will be encouraged to invest in our
country and more jobs will be created
10. There will be peaceful coexistence between communities in
the country.
11. Citizens will become more patriotic

42
8.2 Individual Preventive Measures
1. Act at all times honestly and without deception.
2. Report the corrupt people
3. Never offer, give, demand or accept any bribe or other
improper advantage.
4. Never participate in any dishonest or deceptive activity in
relation to any pre-qualification, tender or nomination
process.
5. Never provide, conceal, or approve work, materials,
equipment or services which are not of the quality and
quantity required under a contract
6. Never provide false, inaccurate or misleading information.
7. Never dishonestly withhold information
8. Never make or submit false, inaccurate, misleading or
exaggerated records, invoices, claims, extensions of time, or
requests for payment
9. Never dishonestly refuse or fail to approve, or delay in
approving, work, materials, equipment, services, invoices,
claims or requests for
10. If you are a government or company officer of, or have any
management responsibility for, a company, you must act as
follows:
a) You must make proper enquiries regarding any suspicion
of corruption of which you become aware.
b) You must take reasonable preventive measures to
stop corruption for which the company may be liable.

43
c) You must not instruct, authorize or condone,
expressly, any corrupt activity.

8.3 General Preventive Measures

8.1 Dismissal from service if found guilty of committing


This seems a better option. For instance if you see cases
where anti-corruption body rides an officers home and finds
disproportionate assets, the officer is suspended from
employment and taken for judicial trials. But after couple of
years you will find them in employment at same or even better
positions. So this creates no fear among the officials against
corruption. Effective law enforcement is essential to ensure the
corrupt are punished and break the cycle of impunity, or
freedom from punishment or loss. Successful enforcement
approaches are supported by a strong legal framework, law
enforcement branches and an independent and effective court
system.

8.2 Transparency by Public Officials


Transparency via public scrutiny has proven to be one of the
most powerful forms of monitoring public officials. Such
transparency can be fostered by a number of these measures:

44
1. Opening sessions of the parliament, government, and the
courts to be made public
2. Registering lobbying activities
3. Publishing the voting records of parliamentarians
4. Annual reports of government bodies
5. Free and vibrant media is another important factor in
making transparency work for the general public.

8.3 Strict Rules and Legal Instruments


There should be a range of legal instruments as well as
agency-specific rules which can be effective in deterring
corrupt behaviour. These include:
1. Codes of ethics
2. Regulations on lobbying disciplinary committees
3. Prohibitions on and disclosure of conflict of interest,
including the receipt of gifts and other benefits received
from private resources
4. Strict asset declaration and vetting laws
5. Procurement laws
6. Party financing laws
7. Freedom of information laws, whereby citizens can demand
the disclosure of information regarding government
activities and a whistle-blower protection law in order to
encourage the reporting of corruption cases can further
reinforce the impact of increased transparency and
accountability.

45
8.4 Civil Society/Community Based Organisations (CSO, CBO)
Since most cases of corruption involve public officials and
private companies, Civil Society and community based
organisations as independent actors representing the interests
of the general public is uniquely positioned to investigate and
bring to light cases of corruption. This is achieved through
various functions:
1. Creating public awareness about corruption
2. Formulating and promoting action plans to fight corruption
3. Monitoring government’s actions and decisions in an effort
to reduce corruption.
4. Conducting further research, monitoring and evaluation (e.g.
annual integrity surveys)
5. Co-ordinating the corruption campaign with the media and
educational and religious organisations, for example in
colleges, secondary schools, universities, churches etc

8.5 The Role of the Media


A free and open media help expose levels of corruption by
uncovering and shedding light on abuses. Greater openness
felt by the media brings plethora of stories of fraud, corruption,
and criminal activity, making the media perhaps the most
persistent institution in the fight against corruption. The
Internet provides unprecedented opportunities of disseminating
knowledge and increasing transparency across national borders

46
in a timely fashion at low cost. For media to be effective in the
fight against corruption, the following should be done:
1. Legislating liberalisation of broadcasting
2. Legislating more access to information in ministries
3. Demanding more balanced reporting
4. Implementing Code of Conduct for journalists
5. Introducing more specialised training (e.g. investigative
journalism)
6. Demanding more balanced coverage between private-sector
and public-sector on corruption issues
7. Having media engage in public awareness campaign on
corruption issues

8.6 Good Corporate governance


Weak institutions for corporate governance not only result in
inefficiency they, encourage corruption. A wide array of
corporate governance reforms have proven directive in curbing
both incentives and opportunities for corruption, including:
1. Public disclosure of share ownership and cross-holdings
2. Strong penalties for insider trading and pyramid schemes;
3. The appointment of outsiders to boards of directors
4. The introduction of regular published independent audits of
financial accounts based on standardized rules
5. The establishment of an effective legal framework for the
exercise of creditors rights
6. The strong enforcement of ethical standards.

47
8.7 Independent & Effective Judiciary
Corruption has a devastating effect on the legal system. It
distorts law making, court ruling and law enforcement and in
the end, erodes the rule of law. This has devastating
consequences for the society as well as economic activity.
Any anti-corruption strategy needs a functioning legal system
to build on if it is to introduce real change. The challenge is
therefore to clean up the legal system and turn it from being
an arena of corruption into an effective tool for can be used as
an effective first step within broader governance reform is
outlined. The following can be done to ensure that there is an
independent, competent and clean legal system:
1. Introduce strict Code of Conduct for all sectors within
Judiciary
2. Conduct speedy investigations into allegation of misconduct
made against judicial staff according to existing regulations.

8.8 Audit Organizations


Audit organizations can also have an important role. For full
effectiveness, state audit offices should be backed by
parliamentary committees that review and follow up on their
reports. By contrast, watchdog enforcement agencies have a
mixed record and have too often been subject to capture
themselves. A condition for their effectiveness is the prior
establishment of a core of strong, independent and credible

48
professionals in the judicial, prosecutor, and police arms of the
state.

8.9 A meritocratic civil service with adequate pay


A first step in reforming public sector management is to
encourage meritocratic system for appointment, promotion,
and evaluation and where feasible, establishing an independent
civil service oversight body. In parallel it is important to
increase salaries, relate them to skill and responsibility, and
regularize non-salary benefits to employees.

8.10 Transparency and accountability in budget


management
To improve transparency and accountability in fiscal
management it is crucial to ensure full budget coverage and
control. This can be achieved by reducing the diversion of
resources into off-budget accounts that typically lack oversight
and transparency. These off-budget transactions take different
forms, from extra-budgetary funds to lack of integration of
investment planning and external financing into the budget. To
be effective in reducing corruption, external audit must be
independent and equipped with strong auditing and diagnostic
skills, moving beyond individual faults to target systemic
weaknesses.

49
8.11 Transparency and accountability in tax and customs
Corruption in customs and tax administration lowers state
revenues, creates a distorted private sector environment and is
often linked with smuggling and organized crime. Reforms to
simplify tax policy and eliminate discretionary exemptions help,
as does professional staff, standardization of forms and
procedures, and transparent systems such as the use of
computerized risk analysis at the borders. It is important to
eliminate one-on-one contact between taxpayers and officials
and ensure that operating and management systems are
efficient and easily monitored, including through periodic
taxpayer surveys.

8.12 Policy reforms in sectors of service delivery


Administrative corruption can be profoundly damaging to the
level and quality of service delivery across key sectors.
Reducing non-cash transactions can reduce private rent
seeking, as cash exchange at artificially inflated rates is a
standard method of extracting private gains.

8.13 Political Competition


Effective sanctions on politicians can be enhanced most
effectively through a meaningful degree of political
competition in the electoral process. Such competition
increases the likelihood that alternative candidates and parties
will seek to expose corruption in government by holding

50
politicians accountable for the poor performance associated
with high levels of corruption.
Historically, anti-corruption and accountability measures were a
by-product of these political struggles. While perceived
corruption of a particular party of candidate has shown to
influence voters’ decisions considerably and therefore exposure
of cases of political corruption is an effective deterrent to
corrupt behaviour, there are limits to the benefits of political
competition. Excessive political competition can become a
destabilizing factor if it undermines the legitimacy of existing
state institutions.
Political parties that lack broad-based support are more likely
to be dependent on powerful firms and financial interests for
sources of financing and non electoral tactics such as:
1. Vote-rigging
2. Intimidation
3. Acquiring a monopoly over election coverage by the media.
It is thus imperative that political parties be held to high
standards of accountability.

8.14 Decentralization of Services


Governance at the local level is seen as a way to curb abuse of
public office for personal gains because of the fact that it
brings governance closer to the people and encourage
accountability. This implies that administrators are directly in
contact with the people they govern and are seen to be tied to

51
the cause of the community and therefore responsive to their
needs and encourage accountability which can help reduce the
incidence of corruption.

8.15 Empowerment of citizens


Strengthening citizens’ demand for anti-corruption and
empowering them to hold government accountable is a
sustainable approach that contributes to the detection of
corruption, reduction in leakages of funds, and improvement of
the quantity and quality of public services.

8.16 Educating and involving citizens in governance


This is to ensure that citizens are aware of their rights and to
know what to do when faced with various ethical dilemmas.
The citizens also need to know where to report corruption and
should be made aware of the whistleblower protection.

8.17 Prevention of corruption under International Law


Most of the efforts of international organizations are directed
at the criminalization of corruption. Also, international
organizations have started to collect the experiences of their
members and to organize training and other programs aimed
at sharing these experiences and developing the skills of the
officials charged with dealing with corruption in their member
countries.

52
Chapter Nine
INTERNATIONAL ANTICORRUPTION BODIES
Transparency International, UNCAC, Other Bodies

9.1 Transparency International


Transparency International was born of the growing realization
in the 1980s-90s that corruption was directly undermining
efforts to fight poverty and further development in the world’s
poorest countries. Transparency International is best known for
the Corruption Perceptions Index, which measures levels of
perceived corruption around the world. Since its beginning, it
has raised awareness about the far-reaching and devastating
effects of corruption, and played a crucial role in lobbying for
co-ordinated, multilateral action against it. It has created a
coalition of organisations and individuals who are co-operating
as never before to build just and honest governments, and
sound and socially responsible business practices. The following
are the functions of Transparency International:
1. Putting corruption on the world agenda
2. Diagnosing risks and remedies to corruption
3. Creating a global convention against corruption
4. Clamping down on foreign bribery
5. Busting secret companies
6. Benchmarking good business
7. Fighting secrecy in defence

53
8. Making development sustainable
9. Keeping climate finance clean
10. Protecting public money
11. Securing information for all
12. Helping people speak up
13. Empowering communities

9.2 United Nations Convection Against Corruption


The United Nations Convention against Corruption (UNCAC)
was formed in October 2003. With 178 countries bound by
UNCAC so far, it is unique not only in its worldwide coverage
but also in the extent of its provisions, recognizing the
importance of both preventive and punitive measures against
corruption. The measures are:
1. Preventive measures: States Parties are obliged to adopt
coordinated policies that prevent corruption and designate
a ‘body or bodies’ to coordinate and oversee their
implementation. The preventive policies covered by the
Convention include measures for both the public and
private sectors. These include, among others, transparent
procurement and sound financial management, a merit-
based civil service including clear conflict of interest
regimes, effective access to public information, auditing and
other standards for private companies, an independent
judiciary, active involvement of civil society in efforts to

54
prevent and combat corruption, and measures to prevent
money-laundering.
2. Criminalization and law enforcement: Acts that states are
encouraged to criminalise include acceptance of bribes by
foreign and international public officials, trading in
influence, abuse of function, illicit enrichment, bribery and
embezzlement within the private sector, money laundering
and the concealment of illicit assets. This chapter also
covers other issues related to enforcement and prosecution,
including protection of whistleblowers and witnesses in
corruption cases, as well as remedies for corruption, such as
freezing assets and compensating victims.
3. International cooperation: States Parties are obliged to
assist each other in cross border criminal matters. This
includes, for example, gathering and transferring evidence
of corruption for use in court.
4. Asset recovery: The UNCAC provisions lay a framework for
countries to adapt both their civil and criminal law in order
to facilitate tracing, freezing, forfeiting, and returning funds
obtained through corrupt activities.
5. Technical assistance and information exchange: Technical
assistance refers generally to support aimed at helping
countries comply with the UNCAC’s provisions. These
include provisions on training, material and human
resources, research, and information sharing. The
Convention encourages the provision of training on topics

55
such as investigative methods, planning and developing
strategic anticorruption policies, preparing requests for
mutual legal assistance, public financial management, and
methods used to protect victims and witness in criminal
cases. States Parties should also consider helping each other
conduct evaluations and studies on the forms, causes and
costs of corruption in specific contexts, with a view to
developing better policies for combating the problem.

9.3 Other International Anticorruption Bodies


1. African Union Convection on Prevention and Combating
Corruption: The African Union Convention on Preventing
and Combating Corruption was adopted in Maputo on 11
July 2003 to fight rampant political corruption on the
African continent. It represents regional consensus on what
African states should do in the areas of prevention,
criminalization, international cooperation and asset recovery.
The Convention covers a wide range of offences including
bribery (domestic or foreign), diversion of property by
public officials, trading in influence, illicit enrichment, money
laundering and concealment of property and primarily
consists of mandatory provisions
2. Inter-American Convention Against Corruption: The first
international convention in the anti-corruption field was the
Inter-American Convention against Corruption (IACAC) of
the Organization of American States (OAS). This convention

56
was adopted on 29 March 1996 and came into force on 6
March 1997. The IACAC establishes a number of anti-
corruption measures, including the following:
a) Criminalisation: Establishes the criminalisation of corrupt
acts, including bribery and illicit enrichment.
b) Cooperation: Includes provisions to strengthen
cooperation between its States Parties for mutual legal
assistance, technical cooperation, extradition and
identification.
c) Asset Recovery: Includes provisions to strengthen
cooperation between its States Parties for tracing, freezing,
seizing and forfeiting the proceeds of acts of corruption.
d) Monitoring: The IACAC Follow-Up Mechanism provides a
comprehensive system of inter-state monitoring and
compliance assessments.
3. European Union Norms and Standards on Anticorruption
The following are the norms and standards adopted by the
European Union:
a) Convention on the Fight against Corruption involving
Officials of the European Communities or Officials of
Member States of the European Union
b) Council of the European Union framework decision on
combating corruption in the private sector
c) First Protocol and Second Protocol to the Convention on
the protection of the European Communities’ financial
interests.

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Chapter Ten
WORK ETHICS
Work Ethics

10.1 Work Ethics


Work Ethics refers to the sets of moral values that are defined
and characterized by diligence and hard work. Work ethic can
as well be defined as the inherent ability of work to strengthen
character.

10.2 General Characteristics Good Work Ethics


1. Honesty - Employees with strong ethics refrain from lying or
cheating. Instead, they take responsibility for mistakes, up
to failures and keep the lines of communication open with
everyone involved.
2. Diversity - People with a good work ethic understand the
importance of a diverse workplace. When you value
everybody's contributions regardless of ability, age, gender
or race it allows for more creativity and better problem
solving.
3. Respect and professionalism - An employee with a strong
work ethic is polite, conscientious of people's feelings and
considerate of workers in a shared work space. In addition,
someone with a strong work ethic uses time wisely so that
deadlines are met. You'll keep personal phone conversations

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quiet and not disrupt others. Out of respect, you'll also hear
and consider everyone's opinions.
4. Cooperation - Having a good work ethic means you
cooperate with others. While work may not always be
satisfying or enjoyable, you see the bigger picture and do
what is necessary for the team and company. Instead of
debating every issue and finding reasons why things can't
get done, you use strong conflict resolution skills to solve
problems and manage the workload.
5. Selflessness - Employees in should make decisions solely in
terms of the public interest. They should not make any
decisions in order to gain financial or other benefits for
themselves, their family, or their friends.
6. Integrity - Employees should not place themselves under
any financial or other obligation to outside individuals or
organizations that might influence them in the performance
of their official duties.
7. Objectivity - Objectivity holds that in carrying out daily
activities, including making appointments or awarding
contracts, choices should be made on the merits.
8. Accountability - Employees are accountable for their
decisions and actions and must submit themselves to
whatever scrutiny is appropriate to their position.
9. Transparency and openness - Employees should be as open
and transparent as possible about all the decisions and
actions that they take. They should give reasons for their

59
decisions and restrict information only when the wider
public interest clearly demands.
10. Dependability - Dependability is an essential element of a
strong work ethic. You have to prove that you are
dependable. You need to meet your deadline and if you
can’t meet it, you clearly communicate and offer alternate
timeline.
11. Adaptability - Adaptability means being open to change and
improvements. It also means adapting to the personality and
work habits of co-workers and supervisors. Each person
possesses their own set of strengths and adapting personal
behaviours to accommodate others is part of what it takes
to work effectively as a team.
12. Teamwork - Cooperative work can be highly beneficial in
the work environment, something that individuals with a
strong work ethic know well. Because they recognize the
usefulness of cooperative practices -- such as teamwork --
they often put an extensive amount of effort into working
well with others.

10.3 Unethical conduct displayed by some Employees:


a) Indulging in Corruption in high places by colluding with
politicians, contractors, corporate groups etc.
b) Misuse of power for personal benefits
c) Biased decisions to favour influential people or politicians
d) Pilferage of public funds from government projects

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e) Manipulation/withholding of information
f) Deliberate delays in service delivery
g) Negligence and dereliction of duty
h) Collusion with tax payers to cheat the public exchequer
i) Lying to please bosses out of fear of reprisal
j) Misuse of government facilities
k) Favouritism
l) Cover up of crime, frauds and financial irregularities
m) Being a party to electoral malpractices
n) Intoxication during working hours
o) Using abusive and insulting language
p) Insubordination
q) Dressing improperly and poor personal hygiene
r) Wilful destruction of government facilities
s) Always being late for work
t) Complaining about unexpected assignments
u) Gossiping colleagues

10.4 Expectations from the Public Servants in Governance:


a) Humanism and positive thinking in government servants
b) To imbue purity in thought, speech and action
c) Realizing the dignity of being a government servant
d) Appreciating his/her placement in government as an
opportunity to serve the society rather than a lucrative
position to amass wealth
e) Obeying all the laws

61
f) Understanding the sanctity of Public Funds so that they
utilize them without leakages thereby providing maximum
benefit to the citizens
g) Ability to satisfy himself/herself with the government salary
and benefits and to imbue the philosophy of ‘Simple living
and high thinking’
h) Display of ‘Sense of justice and impartiality’ during decision
making,
i) Ability to stand up to truth despite adversity, fears and
threats
j) Develop self-confidence & faith in oneself and in one’s
ideas even if everyone condemns them as wrong
k) Motivate them to be the change they want to see in the
society
l) Fresh thinking, renewed energy and rejuvenation to do
something extra-ordinary and useful to the society
m) Empathy for citizens, especially for vulnerable sections of
society such as women, children, elderly and the disabled
n) Inculcate ‘Rational thinking’, ‘Self-accountability’ and ‘Self
transparency’ which are benchmarks of ethical conduct
o) Motivate the other employees to adhere to higher ideals in
life and to walk on the path of truth and righteousness
p) Report corrupt individuals
q) Keep accurate records and documents relating to duties
r) Not engage in private duties during official working hours
s) Being role models

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Chapter Eleven
INTEGRITY IN DETAIL
Integrity

11.1 Definition of Integrity


Integrity is the quality of being honest and having strong moral
standards. It involves doing what is right, especially when faced
with an ethical dilemma.

11.2 Elements of Integrity


1. Accountability, i.e. being answerable to ones actions. The
following are characteristics of accountability:
a) Transparency
b) Access to information
c) Consistency
d) Social responsibility
e) Clear record keeping
f) Openness to stakeholders etc
2. Competence, i.e. doing things well in a specific context.
Characteristics of competence include:
a) Professionalism
b) High quality work
c) Effectiveness
d) Reliability
e) Responsiveness to stakeholders concerns

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f) Good stewardship of resources
g) Successful teamwork
3. Ethical behaviour, i.e. doing things with honour and with a
public purpose. Some of the features of ethical behaviour:
a) Trustworthiness
b) Fairness
c) Honesty
d) Lawfulness
e) Social Justice
f) Respecting rights
g) Confidentiality
4. Corruption controls, i.e. applying corruption controls and
not abusing entrusted power for private gain. These include:
a) Policies and procedures that set legal and social
standards against corruption
b) Incentives for those promoting integrity
c) A clear stance against corruption
d) Support for anti-corruption practitioners and agencies
e) Encouragement of anti-corruption champions
f) Discouragement of impunity
g) Protection of whistle-blowers

11.3 Why integrity is so difficult to achieve


1. Entrenched and powerful interests are practicing corruption
2. There is pervasive impunity for those practicing corruption
3. Corruption is commonly accepted as it benefits the corrupt

64
4. The cumulative damage caused by corruption is not widely
appreciated
5. Those building integrity are not widely supported

11.4 Tools and mechanisms for protecting integrity


1. Due diligence - make sure the rules and procedures are
being followed by the staff under your supervision
2. Human Resource policies and guidelines - ensure that there
are incentives for integrity built into the hiring procedures
3. Communication - make sure all employees and other
stakeholders are aware of the integrity policies and
procedures at all levels of the organisation
4. Information and Communication Technologies (ICTs) - ICTs
can document and store clear records of work
5. Compliance framework - ensure the organisation has a full
compliance platform that includes legislation, policies,
procedures, rules and regulations that employees must
follow.
6. Complaint mechanisms - use legitimate avenues to present
your case and seek its acceptance
7. Integrity as a differentiating factor - establish an award or
set a standard that is reviewed regularly to ensure that an
organisation that says it works with integrity actually does
so.
8. Legal and legislative environments - if all else fails, take a
case to court.

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Chapter Twelve
ACCOUNTABILITY IN DETAIL
Accountability

12.1 Definition of Accountability


Accountability is an obligation or willingness to present an
account and answer for the execution of responsibilities to
those who entrusted those responsibilities.

12.2 Conditions necessary for accountability:


1. There must be public accessibility to the account giving
2. There must be an explanation and justification of conduct
3. The explanation is directed at a specific forum
4. The actor (agent) feels obliged to come forward
5. Debate and judgement of one’s actions, including (informal)
sanctions

12.3 Ways of promoting Personal Accountability


1. Be willing to proclaim that something needs to be done -
we all know of examples where employees and officials see
the same problem occur over and over again but never
raise a flag about it. You have to care about your
subordinates if you want others to be accountable.
2. Accept personal responsibility for tackling an
issue. Apathetic people are quick to point the finger at

66
someone else, or defer by saying “It’s not my job.” Leaders
must send the message and show by example by delivering
quality solution to the public. People working on problems
must be rewarded.
3. Make positive choices or decisions to act. Officials who
don't think they have enough training or sense of
mission shy away from making big decisions, which is vital
for accountability.
4. Think deeply about the consequences of each choice. Are
you working to get a problem off your back, or are you
only serving solution your ego? Are you creating the best
long-term for the people that you are serving, or are you
merely using an expedient? Think before you act.
5. Set high expectations for yourself and your team. When you
set your own sights high, you cannot help but inspire
others. When you know others are taking their lead from
you, it's easier to stay accountable. Inspired team members
will then set their own target higher, and that momentum
will lead to better experiences and success in the work
place both in private and public institutions.

12.4 Categories of Accountability


1. Horizontal accountability – Is the capacity of state
institutions to check abuses by other public agencies and
branches of government

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2. Vertical accountability - Is the means through which citizens,
mass media and civil society seek to enforce standards of
good performance on officials
3. Social Accountability – It is an approach towards building
accountability that relies on civic engagement, namely a
situation whereby ordinary citizens and/or civil society
organizations participate directly or indirectly in exacting
accountability. Social accountability initiatives are as varied
and different as participatory budgeting, administrative
procedures acts, social audits, and citizen report cards which
all involve citizens in the oversight and control of
government
4. Political accountability – Is acting by following the political
and programmatic provisions adopted by the government.
An effective political accountability has the following
characteristics:
a) Uses outcome as parameter of evaluation of
performance of political leaders
b) Citizens are the ultimate reference for the control and
the evaluation of political accountability
c) There are different consequences according to the legal
and constitutional system for political leaders who lack
accountability
5. Administrative accountability – Is acting in full compliance
with the legally established rules and procedures of

68
administration. The characteristics of effective administrative
accountability are:
a) Full subjection of administrative officials to a wide set of
legal, constitutional and administrative rules and
procedures that govern their performance
b) Full subjection of administrative officials to instructions
and commands issued by officials superior in the
hierarchical ladder
c) Realisation of administrative accountability is done
through numerous internal and external mechanism of
supervision, among which mechanisms of financial
control are especially relevant
d) Evaluation is based on fulfilment of administrative
officials, and also proper use of public resources
e) Punishment of administrative officers who cannot
account for their decisions
6. Professional accountability – Is acting in full compliance
with the technical rules and practices of a given profession.
An effective professional accountability has the following
features:
a) Subjection of professional officials to a set of rules and
practices which are set by the profession itself
b) Autonomy of the members of the profession where they
act following their personal criterion and professional
knowledge

69
c) Realisation of accountability through organs of
supervision and control of the public administration
d) Evaluation based on performance’s compliance with the
technical rules and principles technical-professional
character, formed by members of the same profession
by the profession, as on the performance’s technical
results
e) Punishment of professionals who do not account for
their actions.
7. Democratic accountability – Is acting according to the needs
and interests of social groups or society as a whole. The
characteristics of an effective democratic responsibility are:
a) Official and administrative units subjection to the needs
and interest of social groups or society at large
b) Realisation of accountability is done through
mechanisms of popular participation in the decision
making process and in the implementation of
administrative acts and norms, and through the media
and other instruments of expression of public opinion
c) Evaluation of administrative performance based on its
outcomes, i.e. on the satisfaction of the needs and
interests of social groups and society at large.
d) Consequences of the realisation of democratic
accountability are mainly adoption of disciplinary acts,
and the democratic legislation of public administration’s
performance.

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Chapter Thirteen
TRANSPARENCY IN DETAIL
Transparency

13.1 Definition of Transparency


Transparency refers to citizens’ or employees’ access to
information in order to facilitate their understanding of
decision making processes

13.2 Importance of Transparency


1. Transparency is the basis for accountability
2. It attracts investment
3. Promotes equity and equality among disadvantaged groups
4. Value for money for the government
5. Stimulates national economy
6. Important to development strategies
7. Improves public confidence in their leaders and government
8. Checks mismanagement and corruption
9. Transparency is a time saver – having an existing method of
being able to push information out means governments
spend less time on public disclosure
10. Transparency helps re-purpose information
11. Provides an opportunity for people to be better informed
about what is going on in their country or organisation
12. Promotes good governance

71
13.3 Pillars of Transparency
1. Information access and presentation, i.e. Information from a
wide variety of sources should be accessed and presented
to citizens or employees in an intuitive, easy to use fashion
2. Service performance, i.e. Citizens should know how well the
government is providing services and meeting targets
3. Budget/financial Information, i.e. Citizens need an interactive
way to view the budget and other financial information
4. Access to Public Documents, i.e. Governments, through
employees, need to provide an easy way for citizens to
search for and retrieve a wide variety of documents

13.4 Impediments to Transparency


1. Discretion without accountability
2. Excessive, inadequate or too complex rules
3. Lack of timely, publicized information
4. Lack of resources to publish information
5. Information not accessible to disadvantaged
6. Lack of service culture in government

13.5 How to improve personal Transparency


1. Create trust
2. Be honest
3. Be prepared to explain your decisions
4. Talk openly about mistakes

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Chapter Fourteen
STEWARDSHIP IN DETAIL
Stewardship

14.1 Definition of Stewardship


Stewardship is the conservation of public resources and funds
against misuse and abuse. It can also be defined as
accountability without control or compliance. A steward must
be responsible, which is a crucial aspect when dealing with the
public resources.
Note:
A public employee should never use public resources for:
a) Conducting private business or employment
b) Supporting or promoting the interests of an outside group
c) Assisting a campaign for an election or a ballot proposition
d) Participating or assisting in lobbying the state legislature or
an agency head
e) Personal use if removed from government facilities
f) Non-application of mind, negligence and dereliction of duty
g) Selling, advertising, or buying personal goods or services
h) Disclosing confidential information
i) Promote a political, philosophical or religious belief
j) Promoting discrimination
k) Organising a criminal activity
l) Promoting conflict between people and communities etc

73
14.2 Pillars of Stewardship
a) Good governance
b) Efficient public sector management and
c) Good service delivery

14.3 A move towards stewardship


A move towards stewardship requires the following:
a) Redefining and restating the mission of government, i.e.
placing emphasis on both higher-order and lower order
tasks of governance.
b) Selecting and designing policy instruments, i.e. deepening
policy reflection and improving central minds of
governments.
c) Opening up civil service to development and putting service
above everything else
d) Educating people about government, i.e. empowering
people with understanding, encouraging constant societal
learning and innovativeness, and promoting education.
e) Building a strategic capacity to change public institutions,
for example rebuilding trust in government institutions
f) Promoting accountability
g) Developing measurements and evaluation of performance
h) Ending secrecy and offering full disclosure of information
and demanding a promise of commitment to act in the
interests of the whole
i) Promoting teamwork at place of work

74
SUMMARY:
1. Good work ethics, integrity, accountability, transparency and
stewardship is associated with lower corruption
2. Corruption substitutes personal gain for public good
3. Corruption is associated with low economic growth
4. Corruption reduces domestic investment and foreign direct
investment
5. Corruption reduces public sector productivity
6. Corruption distorts the composition of government
expenditure, away from services directly beneficial to the
poor and the growth process, e.g., education, health, and
operation and maintenance
7. Better healthcare and education indicators are positively
associated with lower corruption
8. Corruption reduces government revenues
9. Corruption lowers the quality of public infrastructure
10. Corruption lowers spending on social sectors
11. Corruption increases income inequality
12. Corruption increases inequality of factor ownership
13. Inequality slows growth
14. Corruption decreases progressivity of the tax system
15. Corruption acts as a regressive tax
16. Low income households pay more in bribes as percent of
their income
17. Corruption causes loss of lives

75
18. Better governance, including lower graft level, improves
economic growth dramatically
19. High state capture makes it difficult to reduce inequality
20. Extensive, organized, well institutionalized and decisive
political competition is associated with lower corruption
21. Trust is a component of social capital. Higher social capital
is associated with lower poverty. Corruption undermines
trust and thereby undermines social capital.
22. Corruption prevents or makes it more difficult for
governments to implement laws and policies
23. Corruption changes the image of politicians and encourages
people to go into politics for the wrong reasons
24. Erodes international confidence in the government
25. Encourages cynicism and discourages political participation
26. Corruption can contribute to political instability, provoke
coups d’état, and lead to civil wars
27. Corruption perverts the conduct and results of election
28. Corruption keeps the poor politically marginalized
29. Corruption consolidates political power and reduces political
competition
30. Corruption delays and distorts political development and
sustains political activity based on patronage, clienteles and
money
31. Limits political access to the advantage of the rich
32. Corruption reduces the transparency of political decision-
making

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FURTHER READING:
1. United Nations Convention Against Corruption (UNCAC)
2. Transparency International (TI)
3. Global Infrastructure Anti-Corruption Centre (GIACC)
4. United Nations Public Administration Network (UNPAN)
5. Global Indicators Group (GIG)
6. Global Witness (GW)
7. U4 Anti-Corruption Resource Centre
8. World Bank (WB)
9. International Monetary Fund (IMF)
10. African Union Convection on Prevention and Combating
Corruption (AUCPCC)
11. Inter-American Convention Against Corruption (IACAC)
12. European Union Norms and Standards on Anticorruption
13. Organisation for Economic Co-operation and Development
14. United Nations Office on Drugs and Crime (UNODC)
15. Cologne Institute for Economic Research (CIER)
16. UKAID, Department for International Development
17. United Nations Development Programme (UNDP)
18. Wikipedia
19. Stefan Batory Foundation
20. Centre for International Private Enterprise
21. GAN Integrity
22. Integrity Action
23. Corruption & Fraud Audit Consortium (CAFAC)

77
Congratulations For Reading The Book
Hope You Enjoyed It

If You Have Any Suggestion That Can Lead To Improvement Of


This Book, Kindly Contact Christopher Through
Email: ogolachris@gmail.com
Phone: +254704593519

78
Mr. Christopher Ogola is an integrity
ambassador, a writer and a trainer
focusing on corruption prevention
and work ethics

For
Integrity
Ambassadors
Be a Hero
79

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