REPUBLIC OF KENYA

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REPORT OF THE WORKSHOP ON STRATEGIES TO FIGHT/ELIMINATE CORRUPTION IN THE PUBLIC SERVICE FOR PERMANENT SECRETARIES/ACCOUNTING OFFICERS AND CHIEF EXECUTIVES OF STATE CORPORATIONS

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HELD AT THE KENYA INSTITUTE OF ADMINISTRATION ON 5TH 6TH FEBRUARY, 2010

FEBRUARY, 2010

TABLE OF CONTENTS
ABBREVIATIONS AND ACRONYMS ........................................................................... ii EXECUTIVE SUMMARY ............................................................................................... i 1.0 INTRODUCTION ................................................................................................. 1 2.0 WORKSHOP OBJECTIVES AND EXPECTATIONS ................................................ 1 2.1 General Objectives .......................................................................................... 1 2.2 Specific Objectives........................................................................................... 2 3.0 WORKSHOP CONTENT ....................................................................................... 2 4.0 PRESENTATION SYNOPSES ............................................................................... 2 5.0 THEMATIC AREAS OF FOCUS ............................................................................. 4 5.1 Financial Management .................................................................................... 4 5.2 Procurement of Goods and Services ................................................................. 5 5.3 Tax Administration ......................................................................................... 5 5.4 Immigration ................................................................................................... 6 5.5 Law Enforcement ........................................................................................... 7 5.6 Criminal Justice System................................................................................... 7 5.7 Public Administration and Management ............................................................ 8 5.8 Land Administration and Management.............................................................. 9 5.9 Implementation of Public Projects .................................................................... 9 5.10 Information, Communication and Technology (ICT) ........................................... 9 6.0 ACTION PLAN .................................................................................................. 10 7.0 INSTITUTIONAL FRAMEWORK FOR MONITORING AND EVALUATION ...... 10 8.0 MONITORING AND REPORTING ..................................................................... 11 Appendix I ............................................................................................................... 13 Resolutions........................................................................................................... 13 Way Forward ........................................................................................................ 16 Appendix II ............................................................................................................. 17 Action Plan for Preventing and Combating Corruption in the Public Service ................ 17

ABBREVIATIONS AND ACRONYMS ADC ADR AG AIE AOs AP APFIS BAC CBK CCK CDF CEOs CID COMPOL CTDLT DG EAPCC EOT EPZA ERC ETR GPS HC HELB ICDC ICT ID IDB IFMIS IPRIS ISP IT JG Agricultural Development Corporation Alternative Dispute Resolution Attorney General Authority to Incur Expenditure Accounting Officers Administration Police Automated Palm and Finder Print Information System Bukura Agricultural College Central Bank of Kenya Communications Commission of Kenya Constituency Development Fund Chief Executive Officers Criminal Investigations Department Commissioner of Police Catering and Tourism Development Levy Authority Director-General East African Portland Cement Company Extension of Time Export Processing Zones Authority Energy Regulatory commission Electronic Tax Register Global Positioning System High Court High Education Loans Board Industrial and Commercial Development Corporation Information Communication Technology Identification Industrial Development Bank Integrated Financial Management Information System Integrated Population Registration System Internet Service Provider Integrity Testing Job Group
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JKUAT KAA KAA KACC KARI KASNEB KBC KBS KEMRI KEMSA KENAO KEPHIS KICC KIE KIPI KIPPRA KIRDI KISE KLB KLRC KNBS KNHA KNLS KNTC KRA KVDA KWAL LIMS M&E MD MDAs MEAC MMU MOE MOF

Jomo Kenyatta University of Agriculture and Kenya Airports Authority Kenya Airports Authority Kenya Anti-Corruption Commission Kenya Agricultural Research Institute Kenya Accounts and Secretaries National Examinations Board Kenya Broadcasting Corporation Kenya Bureau of Standards Kenya Medical Research Institute Kenya Medical Supplies Agency Kenya National Audit Office Kenya Plant Health Inspectorate Services Kenya International Conference Centre Kenya Institute of Education Kenya Industrial Property Institute Kenya Institute of Public Policy and Research & Analysis Kenya Industrial Research Development Institute Kenya Institute of Special Education Kenya Literature Bureau Kenya Law Reform Commission Kenya National Bureau of Statistics Kenya National Highways Authority Kenya National Library Services Kenya National Trading Corporation Kenya Revenue Authority Kerio Valley Development Authority Kenya Wine Agencies Ltd Land Information Management System Extension of Time Managing Director Ministry/Department & Agencies Ministry of East African Community Masinde Muliro University Ministry of Education Ministry of Finance
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MOFA MOHEST MOIC MOJNCCA MoLG MOPW MOR MSOD MSPS NACADA NCA NEMA NEPAD NGOs NHIF NSSF NWCPC OCS OOP OPM PAIS PCSC PIN POSB PPSRRB PSC(K)

Ministry of Foreign Affairs Ministry of Higher Education, Science and Technology Ministry of Information and Communications Ministry of Justice, National Cohesion and Constitutional Affairs Ministry of Local Government Ministry of Public Works Ministry of Roads Ministry of State for Defence Ministry of State for Public Service National Agency for Campaign Against Drug Abuse National Constitution Committee National Environmental Management Authority New Partnership for African Development Non-Governmental Organizations National Hospital Insurance Fund National Social Security Fund National Water Conservation & Pipeline Corporation Officer Commanding Station Office of the President Office of the Prime Minister Office of the Vice-President and Ministry of Home Affairs Provincial Administration and Internal Security Public Complaints Standing Committee Personal Identification Number Post Office Savings Bank Permanent Public Service Remuneration Review Board Public Service Commission of Kenya Permanent Secretary, Secretary to the Cabinet and the Public Service Retirement Benefits Authority Secretary/Chief Executive State Corporations Advisory Committee Tana and Athi Rivers Development Authority Teachers Service Commission Radio Frequency Identification Water Services Regulatory Board
iv

OVP&MOHA -

PSSC&HOPS RBA S/CE SCAC TARDA TSC RFID WSRB -

Head of

EXECUTIVE SUMMARY This Report of the Workshop on Strategies to fight/eliminate Corruption in the Public Service for Permanent Secretaries/Accounting Officers and Chief Executives of State Corporations highlights the concern His Excellency the President raised regarding corruption in the Public Service and the need to institute sanctions on public officers who are found to be corrupt. It outlines the strategies and measures to be taken to combat the vice in the Public Service. The Report contains the Keynote Address His Excellency the President made when he officially opened the two-day workshop that took place on 5th and 6th February, 2010 at the Kenya Institute of Administration; Statement by The Right Honourable Prime Minister during the occasion; and the presentation made by the Acting Director of the Kenya Anti-Corruption Commission on the Status of Corruption in the Public Service and Mechanisms of Combating it. Outlined are issues that emerged from the plenary discussions on how to determinedly fight corruption. The issues are thematically presented with focus on corruption prone areas in Financial Management, Procurement of Goods and Services, Tax Administration and Immigration, Law Enforcement, Criminal Justice System, Public Administration and Management, Land Administration and Management, Implementation of Public Projects and Information, Communication and Technology. The strategies and mechanisms that could effectively contain the vice are also included. Spelt out are the resolutions and the commitments the Permanent

Secretaries/Accounting Officers and Chief Executives of State Corporations made to systematically and timely deal with corruption. An Action Plan on strategies to combat corruption in specified prone areas is appended showing specific actions to be taken. The report demonstrates the determination of the Government to methodically deal with a problem that has undermined effective and efficient delivery of service to the citizenry.
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1.0 INTRODUCTION Good governance has become a critical component in the operations of modern governments. The effective and continuing legitimacy of governments everywhere is now judged by the basic principles of good governance. It is for this reason that the national leadership must demonstrably implement good governance principles and anti-corruption strategies that enhance national development. In doing this, government has to ensure that accountability, transparency, rule of law and integrity undergird the management of public affairs thereby earning and sustaining the trust and loyalty of the citizens. It was in recognition of these principles that His Excellency the President on the occasions of the 46th Anniversary of Kenyatta Day, on 20th October, 2009; Jamhuri Day celebrations on 12th December, 2009 and the 2010 New Year message to the Nation directed that Accounting Officers in the Public Service should institute sanctions including prosecution and sacking of any public officer under them who engages in corruption and unethical conduct. Consequently, a two day workshop for Permanent Secretaries/Accounting Officers and Chief Executives of State Corporations was held on 5th and 6th February 2010, at the Kenya Institute of Administration (KIA), Lower Kabete to underscore the urgent need to strengthen these principles of governance in the operations of public institutions. The theme of the workshop was Leadership and Integrity in the Public Service. 2.0 WORKSHOP OBJECTIVES AND EXPECTATIONS 2.1 General Objectives The General Objectives were to: (i) Provide a forum for Permanent Secretaries/Accounting Officers and Chief Executives of State Corporations to collectively assess the status and challenges facing the fight against corruption in the Public Service; and

(ii)

Develop governmentwide and institution specific measures/strategies to fight/eliminate corruption in the Public Service.

2.2 Specific Objectives The Workshop was set to: (i) Evaluate the effectiveness of legislative and administrative frameworks for combating corruption and unethical behaviour in the Public Service; (ii) (iii) Identify specific measures and strategies to combat corruption and unethical conduct in the Public Service; and Enhance synergy in the fight against corruption in the Public Service.

3.0 WORKSHOP CONTENT The content consisted of: (i) (ii) (iii) Keynote Address by H.E. The President of the Republic of Kenya, Hon. Mwai Kibaki, CGH, MP; Statement by the Prime Minister of the Republic of Kenya the Rt. Hon. Raila A. Odinga, EGH, MP; Presentation on the Status of Corruption in the Public Service and mechanisms of combating it, by the Acting Director of the Kenya Anti-Corruption Commission, Dr. John P. Mutonyi, MBS; (iv) (v) Group Work and Plenary Discussions; and Resolutions and Way Forward as provided in Appendix I.

4.0 PRESENTATION SYNOPSES (i) Keynote Address by His Excellency the President His Excellency The President, expressed his appreciation of the Workshop theme Leadership and Integrity in the Public Service, that focused on corruption and maladministration in the Public Service. He, however, noted the need for a national anticorruption policy to guide war against corruption.

He underscored the Governments commitment, under Kenya Vision 2030, to transform the country into a middle income economy to enable all Kenyans enjoy prosperity and high standards of living in a secure environment. He directed the Permanent Secretaries/Accounting Officers and Chief Executive Officers of State Corporations to provide focused leadership, enhance integrity, eliminate corruption and unethical conduct, and improve efficiency and effectiveness in the delivery of public services. The President directed the Ministry of Finance to facilitate application of International Public Accounting Standards and vigorously enforce the Public Procurement and Disposal Act as a corruption disruption strategy. He called upon the Ministry of Education to incorporate the teaching and practice of positive values and integrity in education and training institutions. He asked government Ministries/Departments to fast-track the use of ICT as a weapon to combat corruption and also introduce the integrity testing programme across the Public Service. The President directed the formulation of an action plan and continuous monitoring and evaluating of government programs. This will ensure that incidences of corruption, economic crime and unethical conduct are detected early and prompt remedial action taken. (ii) Statement by the Right Honourable Prime Minister The Right Honourable Prime Minister expressed concern that corruption had undermined the gains the government had made in the last 10 years. He noted that corruption has resulted in loss of trust in public institutions by citizens and development partners. He called for a broad and bold reform initiative that would rid Public Service of corruption and unethical conduct. He challenged the Permanent Secretaries/Accounting Officers and Chief Executive Officers of State Corporations to take responsibility of their respective dockets. The Prime Minister recommended review of performance contracts to include a clause to require public officers implicated in corruption to step down to pave way for investigations.

5.0 THEMATIC AREAS OF FOCUS The workshop discussed nine corruption prone thematic areas, identified key challenges and proposed corruption prevention measures. These thematic areas are discussed as follows: 5.1 Financial Management Weak financial management control systems were identified as abetting corruption and unethical practices in the public service. This is caused by failure to enforce financial regulations leading to fraud and misappropriation of public assets. Notable weaknesses identified exist in the revenue collection, accounting and internal audit functions. This is compounded by inadequate capacity in the internal audit function which has led to insufficient checks and balances for timely detection and reporting of corruption and unethical conduct. In addition, lack of requisite competencies to provide oversight and advisory services to State Corporations; a comprehensive and updated Government Assets Register leading to fraud and misappropriation of public assets, pending bills arising from disputes relating to project variations during implementation and lack of updated financial records in pensions and insurance resulting into dormant accounts provided opportunities for corrupt practices; and lengthy bureaucratic steps in processing payments provide opportunities for corruption and unethical conduct. The measures and actions to be taken in the next three, six and twelve months to contain corrupt practices, economic crimes and unethical conduct in the financial sector are to; (i) Recruit/train additional Internal Auditors, Accountants and Finance Officers in risk management, Integrity Testing and good financial management; (ii) Professionalise Boards of State Corporations. Develop selection criteria specifying minimum educational, professional and experience requirements to guide appointing authorities in making such appointments; (iii) (iv) Fast track the determination of all pending bills; Review laws relating to dormant accounts and establish a Dormant Accounts Recovery Fund under the Treasury;

(v) (vi)

Develop and manage a comprehensive Government Assets Register; and Simplify accounting procedures by eliminating non-value adding steps.

5.2

Procurement of Goods and Services

It was stated that the procurement process has been adversely affected by high incidences of corruption and unethical practices. Key malpractices identified include the following: lack of standard pricing for common user items, collusion in tendering, conflict of interest, abuse of office, bid rigging and variations in procurement contracts. The following were measures and actions to be taken in the next three, six and twelve months to curb corruption in the sector; (i) The Public Procurement Oversight Authority to undertake a

comprehensive market survey and compile a price list for common user items to be provided to all public procuring entities through a web based portal; (ii) (iii) The current Supplies Branch to be restructured as a Unit under the Ministry of Finance; The Public Procurement Oversight Authority to develop an electronic procurement platform on which all public tenders will be uploaded to provide equal opportunities to qualified bidders; (iv) All public procuring entities to submit details of suppliers who frustrate terms of contract to the Public Procurement Oversight Authority (PPOA) to initiate debarment process; and (v) The PPOA to continuously compile list of debarred firms and regularly publish the names to forewarn public procuring entities. 5.3 Tax Administration Corruption in tax administration was raised as a concern since malpractices in it deny the Government the revenue it needs to develop the country. Rampant malpractices identified were; tax evasion, corruption in the process of tax audits and investigations; and processing of refunds by the Kenya Revenue Authority. In addition, use of multiple identification documents makes tax assessment and/or tracking difficult because the transactions have different identification documents belonging to the same client.
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The measures and actions to be taken in the next three, six and twelve months to address these concerns were: (i) The Ministry of Immigration and Registration of Persons to expedite

the development of the Integrated Population Registration System (IPRS) to facilitate single identification for citizens and foreigners resident in Kenya; (ii) The Kenya Revenue Authority to adopt the IPRS personal identification for all tax transactions; (iii) Amendments to be made to relevant laws to provide for stiffer penalties for tax evaders as a deterrence measure; and (iv) Measures to be instituted to ensure that tax compliance is a requirement for those seeking public office or promotion. 5.4 Immigration Corrupt practices in immigration and registration of persons were discussed with concern that misconduct and unethical practices in the sector critically undermine the security of the nation. Corruption occurs in the conferment of citizenship, issuance of national identity cards, travel documents and work permits. It was also stated that participation of the National Security Intelligence Service (NSIS) in the issuance of these documents undermines the expeditious issuance of the documents to legible applicants. Measures and actions to be taken in the next three, six and twelve months to contain the stated corrupt practices are:(i) Direct the Ministry of Immigration and Registration of Persons to undertake an audit of conferment of citizenship and work permits in the last five years and revoke those fraudulently acquired; (ii) Publish in the Kenya Gazette on a quarterly basis names of persons conferred with Kenyan citizenship and issued with work permits; (iii) Regularly transfer staff in identified corruption hot spots to break corruption cartels; (iv) Illegal issuance of citizenship to be made treasonable; (v) The general vetting of applicants for passports by NSIS to cease; and
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(vi) NSIS to regularly provide a watch list of persons who are classified as a security risk to the Ministry of Immigration and Registration of Persons to avert issuance of passports, visas and other travel documents to undesirable persons. 5.5 Law Enforcement

Endemic corruption in the Police Department particularly in Traffic Policing, Issuance of Police documents such as Police Abstracts, P3 forms, Certificates of Good Conduct and Investigation of Crime hampers speedy administration of justice. This was attributed to weak internal oversight mechanisms which resulted in abuse of discretionary powers, compromised investigations, collusion with criminals and extortion. The measures and actions to be taken in the next three, six and twelve months to tackle the corrupt practices as mentioned above are as follows:(i) (ii) Review and enforce the Police Force Standing Orders; Enhance targeted Integrity Testing Programme for deterrence purposes; and (iii) Introduce instant fines for petty offences to reduce delays that facilitate corruption. 5.6 Criminal Justice System Delay in the Administration of Justice was identified as an overarching problem. This is compounded by deliberate stalling of corruption cases through recourse to Constitutional References. Shortage of Judicial officers to administer justice leading to backlog of cases was also discussed. The measures and actions to be taken in the next three, six and twelve months to enhance the criminal justice system are:(i) (ii) Recruit 250 Magistrates and 27 Judges; Introduce Alternative Dispute Resolution mechanisms (ADR) in the Administration corruption; (iii) Review the legal regime governing constitutional references on corruption cases; (iv) Appoint additional special Anti-Corruption Magistrates;
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of

Justice

to

reduce

backlogs

which

facilitate

(v) Introduce Hansard to record court proceedings; and (vi) Recommend to the Chief Justice to direct counsels to provide written submissions ahead of Court Hearings. 5.7 Public Administration and Management Corruption in the public administration and management sector is facilitated by the wide latitude in the use of discretionary powers by public officials leading to abuse, existence of corruption cartels, lack of power for Accounting officers to institute expeditious disciplinary actions against errant officers, non-observance of the Codes of Conduct and Ethics as stipulated in the Public Officer Ethics Act 2003. Measures and actions to be taken in the next three, six and twelve months to address corrupt practices and unprofessional conduct are:(i) (ii) Introduce Integrity Testing Programme in the entire Public Service; The Kenya Law Reform Commission to review laws relating to the discharge of Discretionary Powers; (iii) Ministries/Departments, State Corporations and Local Authorities to set up Technical Committees to advise on the exercise of such Discretionary Powers by Ministers, Assistant Ministers, Accounting Officers, Management and Board Members of State Corporations; (iv) Undertake Integrity Vetting of Officers to be appointed to the positions of Minister, Assistant Minister, Permanent Secretary, Constitutional Office holders, Chief Executive Officer, Board Member and Management of Statutory Agencies; (v) Tax Compliance to be a condition for appointment/promotion; (vi) Introduce a Suspension Clause in the appointment/performance contracts requiring officers implicated in corruption, economic crimes and unethical conduct during investigations to step aside; (vii) Regularly transfer staff in identified corruption hot spots to disrupt corruption cartels; (viii) Review current disciplinary procedures to empower Permanent Secretaries /Accounting Officers and Chief Executives of State Corporations to expeditiously institute sanctions including dismissals and prosecutions against errant officers, and (ix) Empower Accounting Officers to fast-track automation of public service provision as a measure to combat corruption.
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5.8 Land Administration and Management Rampant corruption has negatively affected land transactions. Common malpractices in land management arise due to existence of multiple laws, corruption cartels, ineffective dispute resolution, weak oversight mechanisms, poor land records management and lack of a national cadastre. The measures and actions to be taken in the next three, six and twelve months to address the concerns raised are:(i) (ii) Digitize all lands records; Undertake regular staff reshuffles to disrupt corruption networks;

(iii) Develop a National Cadastre; and (iv) Audit and revoke irregularly acquired land ownership documents. 5.9 Implementation of Public Projects Collusion and conflict of interest between contractors and public officials during implementation of public projects were identified as prevalent corrupt practices. The malpractices are manifested through stalling of public projects, cost overruns, fraudulent extension of time and variations of projects scope leading to loss of colossal sums of public money. The measures and actions to be taken in the next three, six and twelve to address these issues are as follows:(i) Issue a Circular Letter to Accounting Officers to comply with rules and regulations governing negotiations for loans and contracts binding the government. The input of the State Law Office and the Treasury is mandatory in such cases; (ii) Authorize the creation of a National Construction Oversight Authority to regulate the implementation public projects; and (iii) Hold Accounting Officers responsible for implementation of all public projects under their dockets. 5.10 Information, Communication and Technology (ICT) It was noted that Government has not optimally utilized ICT in its operations. The use of ICT would enhance efficiency and effectiveness in service delivery and reduce opportunities for corrupt conduct.
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The measures and actions to be taken in the next three, six and twelve months to contain corrupt practices are:(i) (ii) Install CCTV cameras at Ports of Entry and corruption prone offices; Introduce Internet Protocol (IP) Telephony to reduce telephony costs; and (iii) Acquire and install GPS system to manage Government fleets and Weighbridges to curb against misuse and corruption. 6.0 ACTION PLAN An Action Plan has been developed to facilitate implementation of the Anticorruption agenda within the Public Service. The Action Plan outlines the following: (i) The practical action or measure to be taken to address the issue/ problem; (ii) Implementation time frame (duration); (iii) The responsible office/actor; (iv) Resource requirements; and (v) Key performance indicators. The comprehensive Action Plan covering all the nine thematic areas is provided in appendix II.
7.0 INSTITUTIONAL FRAMEWORK FOR MONITORING AND EVALUATION

The institutional framework for implementation, monitoring and evaluation of the Action Plan will be coordinated as follows: (a) The Cabinet: (i) Providing policy direction and support for the war against corruption; (ii) Taking decision on measures to fast-track the war against corruption in the Public Service; (iii) Taking measures to deal with errant senior government officials in line with the Code of Conduct and Ethics for Ministers and Assistant Ministers; and

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(iv) Committing corruption.

government resources towards the war against

(b) Ministries/Departments/State Corporations (i) (ii) The Presidency and Cabinet Office, the Office of the Prime Minister and the Ministry of State for Public Service for coordination; and All Ministries and State Corporations to prepare and submit returns on implementation of their Action Plans.

(c) The Kenya Anti-Corruption Commission As the premier institution mandated under the Anti Corruption and Economic Crimes Act of 2003 to combat and prevent corruption and economic crimes through law enforcement, prevention, public education and recovery of corruptly acquired assets, KACC will undertake to monitor, evaluate and report on the Action Plan for preventing and combating corruption in the Public Service. The Commission will also coordinate with the respective institutions in the Public Service, the following, as set out in the Resolutions: (i) (ii) Integrity Testing Programme; Mainstreaming corruption prevention;

(iii) Public education and awareness campaigns; (iv) Mainstreaming anti-corruption curriculum in the education system; (v) Coordinating the leadership and integrity course for the public service; (vi) Coordinating the inter-agency forum that facilitates networking of agencies involved in fighting corruption; and (vii) Monitor the list of debarred suppliers/contractors. 8.0 MONITORING AND REPORTING The Action Plan will require continuous monitoring, evaluation and reporting as outlined below: (i) Monitoring will be done and reports made to the Cabinet; (ii) The reports shall provide status of implementation of measures based on the key performance indicators, the gaps, challenges and lessons learnt;
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(iii) The KACC will undertake to receive all reports on a quarterly, semiannual and annual basis as provided for in the action plans for submission to the PSSC & HOPS for tabling before Cabinet by the Minister of State for Public Service; and (iv) Evaluations will also be conducted periodically on the basis of institutional action to determine achievements, outcomes and impact of their respective institutional initiatives/efforts against corruption.

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Appendix I

REPUBLIC OF KENYA

------------------WORKSHOP ON STRATEGIES TO FIGHT/ELIMINATE CORRUPTION IN THE PUBLIC SERVICE FOR PERMANENT SECRETARIES/ACCOUNTING OFFICERS AND CHIEF EXECUTIVES OF STATE CORPORATIONS
KENYA INSTITUTE OF ADMINISTRATION: 5TH 6TH FEBRUARY, 2010

KIA COMMUNIQU

RESOLUTIONS At the end of the workshop the Permanent Secretaries/Accounting Officers and Chief Executive of State Corporations adopted the following Resolutions. The Resolutions were as follows: We, the Permanent Secretaries/Accounting Officers and Chief Executives of State Corporations of the Government of the Republic of Kenya attending the Workshop on Strategies to fight/eliminate corruption in the Public Service on 5th - 6th February, 2010; Concerned with the level and incidences of corruption and integrity challenges facing the Public Service; Aware of our responsibility to provide efficient, effective and ethical services to the public; Acknowledging that corruption, poor governance and unethical conduct continue to adversely affect performance and service delivery in the Public Service and overall economic development in the country;

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Hereby Make the Following Resolutions: 1. We commit to implement His Excellency the Presidents and the Rt. Hon. Prime Ministers directives on the fight against corruption; 2. 3. 4. 5. 6. Exercise firmness in the execution of laws and regulations; Expeditiously deal with corruption cases in our respective mandate; Fast track the use of ICT as a weapon to fight corruption; Mainstream preventive measures to fight corruption; Institute innovative intelligence collection strategies on unethical practices in the Public Service; 7. Recognize, reward and protect whistleblowers, anti-corruption reformers and officers of integrity; 8. Institute Integrity Testing Programmes in the respective Ministries and Departments to create an aura of omnipresence of KACC in all government agencies as a measure to deter corrupt practices; 9. Transform closed-up government offices into open work-stations to ensure more transparency and accountability starting with corruption prone areas; 10. Revamp and enforce systems and procedures of work that ensure transparent, accountable and efficient service delivery and seal corruption loopholes; 11. Continuously monitor and evaluate respective institutional programmes being implemented to fight corruption; 12. Encourage procurement of local goods, especially furniture with a view to create employment for the youth;

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13.

Formulate a plan of action with a time frame and measurable strategies that have specific inputs/outputs and outcomes with respect to tackling corruption;

14. 15.

Take full responsibility for actions and decisions bearing on integrity; and Include a requirement in the employment contracts and appointment letters for those implicated in corruption through investigation to step aside.

In addition, we undertake to: 1. Adopt a holistic approach in the fight against corruption, including development of good governance and anti-corruption curricula for use in education and training programmes; 2. Inculcate values of governance and ethical behaviour in the Civil Service Code of Conduct; 3. 4. Develop a code of conduct for all public institutions; Undertake a rigorous public education and awareness campaign on corruption; 5. Develop appropriate governance structures to enhance internal oversight mechanisms/strategies in the fight against corruption; 6. Compile (by KACC) and regularly update blacklisted private service providers and individuals involved in corruption and disseminate information to all public institutions; 7. Respond promptly and decisively on public concerns on incidences of corruption on our mandate areas; and 8. Strengthen Inter-Agency collaboration in preventing and combating corruption.
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daily life of a

public officer through rigorously application of Public Officer Ethics Act and

WAY FORWARD As a way forward it was agreed as part of the Resolutions as follows: 1. To have anti-corruption measures/actions on specific and cross-cutting issues that need to be taken in next 3, 6, and 12 months; 2. 3. Undertake to develop costed action plans in our respective ministries and parastatals, institutions, and agencies; To have a follow-up meeting organised in 30 days from the end of this workshop to receive, discuss and validate these action plans; 4. All institutions to establish and activate Corruption Prevention Committees and submit names of members to the Minister for Public Service; 5. All public institutions to professionalise their respective procurement systems though certification of procurement personnel by the accredited professional bodies, and adoption of e-procurement; 6. KACC, NSIS and KENAO in collaboration with KIA to develop curriculum for Leadership and Integrity Course to be offered across the entire public service; and 7. To submit quarterly progress Reports to the Cabinet.

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Appendix II

REPUBLIC OF KENYA

-------------------

Action Plan for Preventing and Combating Corruption in the Public Service

Thematic Area 1:
No. Issue

Financial Management
Practical Measure/Action Time frame Months 3 6 12 X Actor Cost (Kshs.) Key Performance Indicator Internal Audit units established and staffed with auditors in every public entity

1.

Inefficient, ineffective & inadequate capacity in Internal Audit

Establish/enhance/recruit for internal audit units in all Ministries, State Corporations and Local Authorities Minimum number for a Ministry & State Corporations would be one Senior Auditor JG L, Auditor I JG K, Auditor II JG J or outsource internal audit services Review the Scheme of Service for Internal Auditors

PS Treasury CEOs of State Corporations Clerks of Local Authorities PS Treasury PS Ministry of State for Public Service (MSPS)

X 17

PS Treasury PS MSPS

No.

Issue

Practical Measure/Action

2.

Untimely reporting and action on Audit Reports Compromised Internal Audit Lack of Capacity

3.

4.

Establish regional internal audit offices staffed with a minimum of 3 Auditors Prepare and submit timely Audit Returns to Accounting Officers Accounting Officers to institute prompt disciplinary action Training of auditors on computerised systems Five days Corporate governance training for CEOs, Board Members of State Corporations and Second line managers Train PSs/AOs/CEOs on corruption risk assessment, integrity testing and best practices in financial management Undertake training of selected officers in Integrity Testing, corruption and financial risk assessment Conduct corporate governance training for CEOs, Board Members of State Corporations and second line managers Treasury to allocate funds for

Time frame Months 3 6 12 X

Actor

Cost (Kshs.)

Key Performance Indicator

PS Treasury PS MSPS Internal Auditors of the respective public institutions Accounting Officers of respective public institutions PS Treasury CEOs State Corporations PSs/AOs & CEOs,

The number of timely reports to AOs/CEOs Number of officers disciplined Number of Auditors trained on the system Number trained

5.

Lack of training on risk assessment, integrity testing and good financial management practices

Director, KACC PS MSPS

Number of PSs/AOs/ and CEOs trained

PSs/AOs & CEOs Director, KACC

Number trained

PSs/AOs & CEOs Director KACC & KIA

Number trained

6.

Pending Bills

X 18

PS Treasury

Centralized payment

No.

Issue

Practical Measure/Action

Time frame Months 3 6 12

Actor

Cost (Kshs.)

Key Performance Indicator system operational

all genuine pending bills by the end of the Financial Year 2009/2010 Include a module in IFMIS to reject over expenditure Determine the nature and amount of existing pending bills for each institution Clear all pending Bills 7. Negative Creative Accounting (below the line Accounting) Computerise all financial management systems

X X

PS Treasury AOs

X X

AOs/PS Treasury Controller and Auditor General Secretary eGovernment PS Treasury, PSs/AOs & CEOs Controller and Auditor General PS, Treasury PS, Treasury, all DCs

Rationalise and clean-up all the below the line accounts Continuous auditing of below the line accounts Treasury to issue circular to close all dormant accounts Treasury to issue a circular that all unclaimed pension should be surrendered within three months Pension department to publish all unclaimed pension in the newspapers every quarter Immediate reconciliation of pension accounts by PS Treasury, DCs & POSB

X X X

8.

Dormant Accounts (especially for pensions)

Module included and operational List of pending bills for each institution compiled Number of pending bills cleared Computerized financial management systems installed and operationalized All below the line accounts rationalized and cleaned up Audited below the line accounts Circular issued and implemented Number and amount of pension surrendered

Director Pensions

PS Treasury, DCs, DG, POSB

Date and name of newspaper where published Reconciled dormant accounts

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No.

Issue

Practical Measure/Action

9.

Cash Transaction

10.

Assets Register

Establishment of Dormant Accounts Recovery Fund managed by the Treasury Publish all unclaimed insurance claims/awards Review all respective laws affected by dormant accounts Introduce payments through banks for of all goods and services Maintain minimal petty cash for administrative/routine activities Payroll cleansing every two years Pay all salaries through banks and financial institutions All public institutions to secure ownership documents of their assets1 Set up a special unit to fast track the acquisition of titles for public institutions Establish special inter-agency unit outside the Ministry of Lands to follow up titles for public entities Create and maintain a comprehensive and updated

Time frame Months 3 6 12 X

Actor

Cost (Kshs.)

Key Performance Indicator Recovery Fund Account in place Published claims/awards Amended laws Number of payments made through banks Amount of petty cash maintained Headcount results Bank details of all employees Assets Register

PS Treasury

X X X

PS Treasury PS Treasury, Respective institutions PSs/AOs/CEOs

PSs/AOs/CEOs

X X X

PSs/AOs/CEOs PSs/AOs/CEOs PS Lands PSs/AOs & CEOs Commissioner of Lands PS Treasury

Special unit operational

Special inter-agency unit

11.

Lack of a comprehensive and

PS Finance and all AOs/CEOs

Asset Register established and

This will require total cooperation of the Ministry of Lands.

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No.

Issue

Practical Measure/Action

Time frame Months 3 6 12 X

Actor

Cost (Kshs.)

Key Performance Indicator updated Reduced steps in processing payment in Accounts Units

12.

updated Asset Register Delay in processing payments

asset register Process re-engineering in Accounts Units to remove non-value adding steps

PS Treasury

Thematic Area 2:
No. Issue

Procurement of Goods & Services

Practical Measure/Action Time frame 3 6 months months X Actor 1 Year PS MSPS PS Treasury PS MSPS PS Treasury PSs/AOs & CEOs DG PPOA PSs/AOs & CEOs DG PPOA PSs/AOs & CEOs DG PPOA 70M Cost Key Performance Indicator Number of officers reshuffled Number of officers recruited e-Procurement operational Number of suppliers sensitized on eProcurement platform Number of officers trained

1.

Inadequate capacity among the Procurement Cadre

Reshuffle of staff who have served for more than 3 years in one station Recruitment of 700 more personnel of different cadres e-Procurement rolled out in all Government institutions Sensitize suppliers on eProcurement

X X

2.

Roll out e-Procurement in all Government MDAs

Train all Procurement Officers on e-Procurement

21

No.

Issue

Practical Measure/Action

3.

Inadequate expert information on works from MoPW

Prepare and publish construction booklist on cost of building materials and unit rates Prepare and publish a list of service providers in Public Works Issue a circular on public works service providers and booklist on cost of building materials and unit rates for compliance by procuring entities Centralize prequalification of suppliers and disseminate the information to the public Publish the list of pre-qualified suppliers and tenderers on PPOA Website Publish Tenders on the PPOA Website

Time frame 3 6 months months X

Actor 1 Year PS MoPW DG PPOA

Cost

Key Performance Indicator Booklist published

PS MoPW DG PPOA PS MoPW DG PPOA

List of service providers published Circular issued to all procurement entities

4.

Pre-qualification of suppliers

DG PPOA PS Treasury PS MoPW DG PPOA PS Treasury PS MoPW X DG PPOA PS Treasury PS MoPW

Centralized system operational On-line list on PPOA Website List of awarded tenders on PPOA Website /Ministry of Finance Website

22

No.

Issue

Practical Measure/Action

Time frame 3 6 months months X X

Actor 1 Year DG PPOA PSs/AOs & CEOs DG PPOA Secretary eGovt PS MoPW PSs/AOs & CEOs Secretary Egovt DG PPOA DG PPOA PS Treasury DG PPOA PSs/AOs & CEOs Director KACC DG PPOA PSs/AOs & CEOs Director KACC

Cost

Key Performance Indicator Procurement & tender committees trained

5.

Inadequate capacity of Tender and Procurement Committees Inflated prices for common user items

Training on relevant laws, regulations & good corporate governance Conduct market survey & compile price lists on common user items

6.

50M

Price list compiled

Establishment of a web-based portal for common user items 7. Lack of clear guidelines on AOs powers on procurement process Debarment of suppliers Issue guidelines to clarify the AOs and CEOs veto powers on procurement decisions Regularly compile & publish a list of debarred Suppliers and Contractors Accounting Officers, Procurement Personnel and members of Ministerial Tender Committee to declare their interest

On-line price list

0.5M

Circular issued

8.

List of debarred suppliers published Number of PSs/AOs &CEOs and all Procurement Officers who declared their interest

9.

Conflict of interest

23

Thematic Area 3: Tax Administration and Immigration

No. Issue Practical Measure/Action Time frame 3 6 1 months months Year X X X Actor Cost Kshs. Million 3M Key Performance Indicator Quality of services Increase in customer care Number of services online

1.

Delay in the delivery of taxation and immigration services providing opportunities for rentseeking

Monitor and evaluate implementation of service charters Fast-track e-services in immigration and tax administration Create awareness on eServices Constitute technical committees to advise the Minister in the exercise of his/her discretionary powers

PSs/AOs/CEOs PS Performance Contracting PS Immigration Secretary eGovernment CG KRA PS Immigration CG KRA PS Immigration Secretary Kenya Law Reform Commission PS Treasury

3M

X X

2M 1M

Awareness created Draft Bill on discretionary powers Presidential directive on discretionary powers on immigration matters Criteria for award of citizenship Number of sensitization programmes implemented Freeze operational Report on irregular conferment of citizenship

2.

Ministers discretionary powers over work permits, citizenship, registration, ID issuance, visas, tax exemptions

Develop and publicise the criteria for award of citizenship Sensitise the public on immigration procedures and processes of citizenship conferment etc Freeze conferment of citizenship Conduct public audit to establish irregular conferment of citizenship

PS Immigration

1M

PS Immigration

3M

X X

PS Immigration PS Immigration PS Internal Security

3M 300,000

24

No.

Issue

Practical Measure/Action

3.

Delays in processing travel documents

4.

Illegal registration of non-Kenyans

Publish in the Kenya gazette the names of those awarded citizenship in the last 5 years NSIS should develop and submit to PS Immigration a watch list of persons who should not travel into/out of Kenya Remove the vetting by NSIS on citizens applying for passports Enforce the requirement that registration of Kenyans takes place at birth Vetting of border communities at the time of application for IDs Strengthen ID application vetting committee Mop out illegal immigrants in Kenya Establish an e-visa system Enforce the requirement that all immigration and customs officers must wear uniforms and identification badges at all times

Time frame 3 6 1 months months Year X

Actor

Cost Kshs. Million

Key Performance Indicator Names published

PS Immigration

DG NSIS PS Immigration COMPOL

Watch list submitted and updated regularly

DG NSIS PS Immigration PS Immigration PS Internal Security PS Immigration PS Internal Security PS Immigration PS Internal Security PS Immigration COMPOL PS Immigration PS Immigration CG KRA MD KAA 4M

Vetting removed

Registration at birth mandatory

5.

Illegal entries into Kenya

X X X

5M

6.

Corruption cartels at the ports of entry

50 M

Vetting mandatory for border communities Number of committees strengthened Number of illegal immigrants deported e-Visa system in place Number of officers wearing badges and uniforms during official working hours

25

No.

Issue

Practical Measure/Action

Develop and enforce a criteria for issuance of security passes Install and operationalise CCTV and electronic access controls at all ports of entry Post notices on procedures for application of travel documents at all ports of entry Outsource analysis of data from CCTV derived from ports of entry Institute Integrity Testing for officers at the ports of entry Establish an inter-agency collaboration to audit issuance of security passes Redeploy all officers who have worked in the same place for more than 3 years Fast-track processing of claims (adequate allocation, vetting, classification, processing and payments)

Time frame 3 6 1 months months Year X

Actor

PS Immigration CG KRA MD KAA PS MOIC CG KRA MD KAA COMPOL DG, NSIS COMPOL DG NSIS

Cost Kshs. Million 1.5 M

Key Performance Indicator New criteria operational CCTV and electronic access systems operational

10 M

COMPOL PS MOIC PS Immigration PS Immigration Director, KACC MD KAA PS Immigration COMPOL PS Immigration CG KRA

30 M

Information on travel documents readily available at all ports of entry Analysis outsourced

8M

Number of tests conducted Inter agency forum operational Number of officers redeployed

2.5 M

7.

Delays in the processing of Tax Refunds

CG KRA PS Treasury

Amount of refund paid out to claimants Amount of allocation by Treasury

26

No.

Issue

Practical Measure/Action

Ensure adequate provision for tax refunds including backlog (Treasury to commit for the backlog of Kshs.10 Billion of refund) Institute mechanisms to verify the authenticity of claims and weed out false claims Seek Cabinet approval for KRA to retain refunds 8. Corruption in the process of Tax Audits and Investigation Institute risk management and integrity testing for tax auditors and investigations KRA to link with the Integrated Population Registration System (IPRS) to create a single identifier for tax payers Monitor and prosecute those not issuing Electronic Tax Registers (ETR) receipts Public to be sensitized to be asking for ETR receipts

Time frame 3 6 1 months months Year X

Actor

Cost Kshs. Million

Key Performance Indicator Amount allocated for tax refunds

PS Treasury

CG KRA

Number of false claims identified

X X

PS Treasury CG KRA CG KRA Director KACC X CG KRA PS Immigration Secretary eGovernment CG KRA Executive Director Brand Kenya Executive Director Brand Kenya CG KRA CG KRA Secretary PSC(K) Director KACC 15 M

Approval given Number of tests done

Link established and operational

9.

Tax evasion due to non-compliance with the Electronic Tax Registers (ETR)

Monitoring reports from KRA

Awareness created

Propose amendments of the relevant law to provide for stiff penalty for convicted tax evaders

Amended Laws

27

No.

Issue

Practical Measure/Action

Time frame 3 6 1 months months Year

Actor

Cost Kshs. Million

Key Performance Indicator

10.

Institute measures to ensure tax compliance for those seeking public office or promotion Irregular of issuance of Publish list of persons work permits issued with work permits in the last 5 years Seek Cabinet approval to re-classify illegal issuance of citizenship as treasonable Undertake an independent audit of work permits, IDs and passports issued in the last 5 years. Revoke illegal work permits, IDs and Passports Take disciplinary action against officers responsible for issuance of illegal documents

PS MOJCA Secretary KLRC AG CG KRA Secretaries to the responsible commissions PS Immigration PS Labour X PS Immigration PSSC & HOPS

Number vetted for Tax compliance

5M

List published

Cabinet memo

PS Immigration

25 M

Audit report

X X

PS Immigration PS Immigration

The number of documents revoked Number of officers disciplined

28

Thematic Area 4: Law Enforcement

No Issue Practical Measure/Action Make Police Abstracts and P3 Forms readily available in all Police Stations. Post in the Government website Police Abstracts and P3 Forms to be offered free of charge including their availability on the Kenya Police Website Decentralize the issuance of certificate of good conduct to all Police Stations Operationalize Automated Pam and Finger Print Information System (APFIS) Provision of adequate resources such as Vehicles, Fuel etc. Timely release of Exchequer and AIEs Strengthen Community Policing Issue cash bail and bonds for petty offenders. 3 months X Time frame 6 months Actor 1 Year Commissioner of Police (COMPOL) Cost Key Performance Indicator Abstracts and P3 Forms available and free of charge

1.

Bribery in issuance of P3 Forms, Police Abstracts and Certificates of Good Conduct

COMPOL

COMPOL

Abstracts of P3 Forms provided free of charge and available on the Kenya Police Website Issuance of all the documents at all Police stations APFIS operationalized

COMPOL PS Treasury

2.

Delays in response to crime reports and distress calls leading to corrupt conduct (rent seeking)

COMPOL PS Treasury PS Treasury COMPOL

3.

Corrupt practices in effecting arrests:

COMPOL

Reduced response time to crime reports and distress calls Prompt release of Exchequer and AIEs Number of joint Police/Community operations Number of cash bails and bonds issued

29

No

Issue

Practical Measure/Action Ensure strict supervision by OCS Set up countersupervision/quality assurance systems for accountability in investigations Train all Crime Branch Officers in criminal investigation Expand capacity of CID Training School to train more police investigators (from 3000 to 5000) Refurbish and construct Police Stations

4.

(unwarranted arrests, remanding of petty offenders) Compromised and Incompetent Investigations

Time frame 3 6 months months X

Actor 1 Year COMPOL

Cost

Key Performance Indicator Prompt screening of suspects Counter supervision/quality assurance systems operational Number of officers trained in criminal investigations Number of officers trained

COMPOL

COMPOL PS Treasury COMPOL PS Treasury

X (1000/yr)

5.

Staff Welfare (shortage of staff houses 27,000-Police; 24,000-AP; leading to low morale and poor service)

Refurbishment and Construction of Staff Houses 6. Inadequate Public Awareness/Communication Strategy leading to misunderstanding and poor perception of the Police Service Set up Toll free information lines Set up an integrated Police command and communication system X

X (50 Police Stations/ yr) X (10,000 units per year)

COMPOL PS Internal Security PS MOPW

COMPOL X COMPOL Executive Director Brand Kenya DG CCK PS Treasury

Number of refurbished and constructed Police Stations Number of refurbished/ developed staff houses Number of toll free lines Integrated Police command & communication system operationalised

30

No

Issue

Practical Measure/Action Introduce instant fines system with tamperproof machines similar to ETR Reduce number of Police roadblocks Introduce motorbike traffic police patrols

7.

Corruption in Traffic Policing

Time frame 3 6 months months X

Actor 1 Year AG COMPOL PS Treasury PS Transport COMPOL COMPOL PS Treasury PS Internal Security PS Local Government PS Treasury PS Treasury PS MOIC PS MoW PS MoLG PS Treasury PS Internal Security COMPOL COMPOL PS Treasury AG COMPOL Director KACC COMPOL

Cost

Key Performance Indicator Instant fining systems introduced

X X (100/6)

Number of road blocks reduced Number of Motorcycles

Install & operationalise additional traffic lights in towns and cities Install CCTV on Highways

Number of new traffic lights installed Number of CCTV cameras installed and operationalised Number of vehicles and fitted with the online System Equipment acquired and operational

Enable police officers access traffic information online (fit equipment in 30 vehicles country) Traffic Police to be equipped and empowered to deal with traffic offences instantly Conduct Integrity Testing X Take prompt disciplinary measures against errant officers X X

X (30/1)

8.

Unethical conduct of Police Officers

Number of officers tested Number of officers disciplined

31

No

Issue

Practical Measure/Action Develop a transparent and predictable hiring and promotion criteria Integrity Testing on driving instructors Develop a quality assurance and public awareness system to ensure foolproof driving testing

9.

Corruption in recruitment & promotion of Police Officers Corruption in Driving Tests

Time frame 3 6 months months X

Actor 1 Year COMPOL Secretary PSC Director KACC COMPOL COMPOL PS Transport

Cost

Key Performance Indicator Criteria developed and operationalised Number of tests conducted Foolproof driving testing system

10.

Thematic Area 5: Criminal Justice System

No Issue Practical Measure/Action Time Frame Actor 3 6 1 months months Year X (50) X (100) Registrar High Court PS Treasury X (27) X (30) Registrar High Court Registrar, High Court PS Treasury Registrar High Court CEO ICT Board Cost Kshs. Millions Kshs.50m (3mths) Kshs.50m (1 yr) Key Performance Indicator Number of Magistrates recruited Number of Judges recruited Number of Interns engaged (30 Interns engaged) % of digitized records

1.

Corruption arising from delay in Administration of Justice

Recruit 250 Magistrates

Recruit 27 Judges (3 Court of Appeal, 24 High Court) Engage 30 Legal Interns to assist Judges

Digitize High Court records from the year 2000

32

No

Issue

Practical Measure/Action

2.

Corruption and inefficiency in the Judiciary Inadequate capacity in prosecutions Compromised Prosecutions

Develop and implement a communication strategy with the public Provide legal basis for Teleconferencing in court proceedings Set up Teleconferencing facilities in Kamiti, Industrial Area, Langata, Shimo la Tewa and Naivasha prisons; Nairobi, Mombasa and Naivasha Law Courts Adopt and implement the Justice Ouko Report Recruit of 400 State Counsels Harmonize remuneration and terms of service of legal officers in the public service Conduct Integrity Testing for legal officers Introduce to Parliament the Judicial Service Commission Bill and the Small Claims Court Bill (to be clarified after 30 days meeting)

Time Frame 3 6 months months X

Actor 1 Year Registrar HC

Cost Kshs. Millions -

Key Performance Indicator Strategy in place

Registrar High Court AG Registrar HC PS Treasury ICT Board PS MoHA

Relevant laws amended Number of Prisons and Courts with Facilities

3. 4.

X (100) X

X(100)

Registrar High Court PS MOJNCA AG S/CE PPSRRB

Cabinet approval

Number recruited Terms harmonised

SG State Law Office Director KACC Minister for Justice AG

Number tested

Bills tabled

33

No

Issue

Practical Measure/Action

5.

Abuse of Discretionary Powers

Introduce printed and serialized spot fines for minor traffic offences

Time Frame 3 6 months months X

Actor 1 Year PS Internal Security COMPOL AG PS Transport PS MOJNCCA Secretary KLRC Registrar HC

Cost Kshs. Millions -

Key Performance Indicator Spot fines introduced

Kenya Law Reform Commission to review all laws that grant discretionary powers Automate High Courts proceedings Provide legal basis for automatic granting of cash bail/police bond for misdemeanour or minor offences that attract fines below Kshs.10,000 Conduct Integrity Testing in the Judiciary Establish Court Users Committee in all courts X

Laws reviewed

Kshs.500 M

Number of Courts Automated Legal basis established

AG PS MOJNCCA Secretary KLRC

6.

Corruption in the Judiciary

X X

Registrar HC Registrar HC

Establish a Judicial Conduct Division for public complaints Expand Court Infrastructure (restructure the Commission Income Tax Building to increase 34

Registrar HC

Number of tests done Number of courts with operational committees Division established % furnished and equipped

Registrar HC

Kshs.500 M

No

Issue

Practical Measure/Action

Time Frame 3 6 months months

Actor 1 Year

Cost Kshs. Millions

Key Performance Indicator

7.

Fraud in Revenue collection

8.

Stalling of corruption cases

capacity to accommodate new Court House) 56 Court Rooms Introduce Alternative Dispute Resolution (ADR) in Administration of Justice as a Miscellaneous Amendment Introduce payments of fees and deposits for the High Court through banks Review legal regime governing constitutional references on corruption cases

AG Registrar High Court

N/A

ADR Introduced

Registrar HC

PS MoJNCCA Dir. KACC Registrar HC

Payments through banks introduced Review completed

Thematic Area 6: Public Administration and Management

No. Issue Practical Measure/Action Immediate circular by the Secretary to the Cabinet & PSSC & HOPS to Ministers and Accounting Officers on separation of powers Time frame 3 6 months months X Actor 1 Year PSSC & HOPS Cost Key Performance Indicator Circular issued

1.

Illegal instructions by Cabinet Ministers to Accounting Officers and Civil Servants. Example: Ministers issuing instructions to Procurement Officers bypassing the Permanent Secretary

35

No.

Issue

Practical Measure/Action Immediate circular by the State Corporations Advisory Committee on the guidelines to be followed Establish criteria with a minimum of a University Degree and relevant experience for eligibility Audit current stock of Board membership and identify unqualified members for replacement A National anti-corruption policy Build a national moral and value system

2.

Illegal instructions by Chairmen/Mayors to Chief Executive Officers/Clerks and Staff Appointment by Ministers of unqualified persons to Boards

Time frame 3 6 months months X

Actor 1 Year PSSC & HOPS PS Local Government Secretary SCAC Secretary SCAC -

Cost

Key Performance Indicator Guidelines issued

3.

Criteria issued by SCAC

Secretary, SCAC

Audit Report

4.

Integrity concerns amongst top Government officials

Undertake Integrity vetting of Cabinet Ministers, PSs/AOs & CEOs & Board Members prior to appointment Conduct Integrity Audit in the current stock of Cabinet Ministers, PSs/AOs & CEOs & Board Members

Minister for MoJNCCA PS MoJNCCA Minister for MoJNCCA PSSC & HOPS PSs/AOs & CEOs PSs/AOs & CEOs Director KACC Cabinet Office

A National anticorruption policy developed National moral, integrity and value system in place Report of Integrity vetting

PSSC & HOPS Director KACC

Integrity Audit Report

36

No.

Issue

Practical Measure/Action Debar any convicted person from holding public office Full disclosure of wealth by Cabinet Ministers, Assistant Ministers, PSs/AOs, CEOs & Board members to KACC upon appointment and subsequently after every two (2) years Declaration of business interests by Cabinet Ministers, Assistant Ministers, PSs/AOs, CEOs & Board members to KACC upon appointment Undertake audit of current deployment in the Public Sector on the basis of Regional and Gender balance Personnel attached to offices of Ministers, PSs/AOs and CEOs should not exceed 33% from the same community as the Minister, PS or CEO

Time frame 3 6 months months X

Actor 1 Year PSSC & HOPS Secretary PSC(K) PSs/AOs & CEOs PSSC & HOPS Secretary PSC(K) Director, KACC

Cost

Key Performance Indicator List of debarred persons/firms compiled and published Number of declarations made

PSSC & HOPS Secretary PSC(K) Director, KACC

Number of declarations made

5.

Nepotism, Cronyism & Tribalism in the Public Service

Secretary PSC(K) PSs/AOs & CEOs

Audit Report

Ministers PSSC & HOPS PSs/AOS & CEOs Secretary PSC(K) PS MSPS

Report on deployment of Staff in offices of Ministers, PSs and CEOs, and % ratio of staff from same/own community

37

No.

Issue

Practical Measure/Action Review the recruitment processes in the Public Service Commission Filling of vacant positions in the Public Service to be done competitively by competent persons

6.

Inadequate Human Capacity in the Public Service (Quality of Staff and Performance)

Time frame 3 6 months months X

Actor 1 Year PSSC & HOPS PS MSPS Secretary PSC(K) PSSC & HOPS PS MSPS Secretary PSC(K) Secretaries to all responsible Commissions PSs/AOs & CEOs

Cost

Key Performance Indicator New recruitment processes and procedures in place Commissioners not conducting interviews directly

7.

Lack of adherence to the Code of Regulations leading to poor work ethics

Institute mechanisms to ensure staff report and leave on/in-time using electronic access control systems such as the biometric access control Institute mechanisms to monitor and evaluate the achievement of set individual Performance targets for all employees Enforce continuous participatory performance appraisal Direct Public Officers with more than 30 accumulated Leave Days to go on Leave immediately X

Mechanisms put in place & operationalized

PS Performance Contracting PSSC & HOPS PS MSPS PSs/AOs & CEOs PSs/AOs & CEOs PS Performance Contracting PSs/AOs & CEOs

Mechanisms put in place & operationalized

Periodic reports

Number of officers taking leave

38

No.

Issue

Practical Measure/Action Harmonize terms and conditions of similar positions in the Public Service Review categorisation of State Corporations Review Salary Scales of Public Officers

8.

Disparities in Terms and Conditions of Service and poor remuneration for some cadres in the Public Service

Time frame 3 6 months months X

Actor 1 Year PS MSPS S/CE PPSRRB Secretaries for responsible Commissions Secretary SCAC

Cost

Key Performance Indicator Harmonized terms and conditions

9.

Poor service-delivery in the Public Sector

Put Judiciary and the National Assembly on Performance Contracting

Involve citizens in tracking implementation of Service Delivery Charters

Resolve Public Complaints on service delivery

S/CE PPSRRB PS MSPS PSSC & HOPS PS Performance Contracting Registrar High Court Chief Justice Clerk to the National Assembly Speaker National Assembly PS Performance Contract Department Executive Director, Public Complaints Standing Committee (PCSC) PSs/AOs & CEOs Executive Director/PCSC

Reviewed Categorisation of State Corporations Reviewed Salaries in the Public Service Judiciary and Parliament on Performance Contracting

Tracking mechanism in place

Number of complaints resolved

39

No.

Issue

Practical Measure/Action Resolve all disciplinary cases in the Public Sector

Time frame 3 6 months months X

Actor 1 Year Secretaries to all responsible Commissions PS MSPS PSs/AOs & CEOs

Cost

Key Performance Indicator All pending disciplinary cases resolved

Thematic Area 7: Land Administration and Management

No. Issue Practical Measure/Action Transfer/remove senior staff in Land Administration Train senior staff officers in Land Administration Restructure Land Administration 2. Corruption Cartels in Land Administration Transfer/dismiss corrupt officers in Land Administration Integrity Testing (IT) X Time frame 3 6 months months X Actor 1 Year PS Lands PS MSPS PS Treasury PS Lands PS MSPS PS Treasury PS Lands PS MSPS PS Treasury PS Lands PS MSPS PS Treasury PS Lands Director KACC PS Treasury PS Lands Cost Kshs. Million Key Performance Indicator Number of senior staff transferred/ removed Number of staff trained

1.

Poor, lethargic and unethical practices in Land Administration

Restructured Land Administration 37 million Corruption networks disrupted Number of staff tested 350 Million A cadastre in place

X X

3.

Absence of a national Create a cadastre for map on national property Kenya ownership (Cadastre) leading to corrupt practices

40

No.

Issue

Practical Measure/Action Set up Land Information Management System (LIMS) Automate land rent payment system Automate land registry transactions Authenticate and digitise land titles Train the staff in the use of LIMS

4.

Poor lands record management

Time frame 3 6 months months X

Actor 1 Year PS Lands Secretary e-Government PS Lands Secretary e-Government PS Lands Secretary e-Government PS Lands Secretary eGovt PS Lands Director eGovernment

Cost Kshs. Million

Key Performance Indicator Automated lands record management system operational Land rent payment system automated Land registry transactions automated Title deeds digitised

10m (from the Min. of Lands) 10m from Treasury

Number of staff trained on LIMS

5.

Insufficient access controls in Land Offices and prevalence of brokers

Introduce electronic access control to land offices Install CCTV Cameras in Lands Offices Identify and remove brokers in the Land Offices Complete the banking hall in central province and Nairobi registry

PS Lands PS Treasury PS Lands PS Treasury PS Lands

Electronic access control in place CCTV cameras in place Number of brokers in land offices 13.5 million New banking hall complete and operational

X X

PS Lands PS Treasury

41

No.

Issue

Practical Measure/Action Public relations and customer care on land services Conduct public awareness in land registration

6.

Poor Public Relations/Customer Care

Time frame 3 6 months months X

Actor 1 Year PS Lands

Cost Kshs. Million 10 million (from the Min. of Lands) 10mllion Min. of Lands 25 Million (Treasury to allocate)

Key Performance Indicator Number of officers trained in public relations/customer care Awareness created

7.

Corruption and inefficient Land control boards and land dispute tribunals

Train Land Control Board and Land Dispute Tribunals in key land administration competency areas Introduce competitive recruitment for Land Control Boards and land Dispute Tribunals members Conduct Integrity Testing for Land Control Boards and Land Dispute Tribunal members Vet Land Control Boards and Disputes Tribunals members Clear outstanding allowances for Land Board Members Revoke allocation of irregular titles

PS Lands PS Treasury

Number of Lands Boards and Tribunals members trained

PS Lands

Competitive recruitment

PS lands Director KACC

Number of Tests done

PS Lands

5 Million (Treasury to allocate) 22 Million (Treasury to give)

Vetting undertaken

PS Lands PS Treasury Commissioner of Lands PS Lands 42

Allowances cleared

8.

Irregular Titles

Number of Title deeds revoked

No.

Issue

Practical Measure/Action Expedite resolutions of cases through appointment of special DCs Establish taskforce to determine and settle the 8000 backlog cases Deploy more Legal Officers (at least 4 officers to the Ministry of Lands) Set up a functioning legal department in the Ministry of Lands Operationalise the Land Reform Transformation Unit Commence harmonisation of the 75 pieces of legislation dealing with land

9.

Backlog in Ministerial Land Appeal cases under the Land Adjudication Act (46,000 backlog) 8000 Pending boundary cases Inadequate capacity to deal with numerous legal cases on land

Time frame 3 6 months months X

Actor 1 Year PS Lands PS Internal Security

Cost Kshs. Million 6 Million

Key Performance Indicator Number of backlog cases cleared

10.

11.

PS Lands PS MSPS PS Treasury PS Lands PS MSPS

20 Million

Number of cases settled

5 million

Number of officers deployed

12.

Lack of structures to implement the new land policy in the Ministry of Lands

PS Lands PS Treasury PS MSPS PS Lands

Legal department operationalized 250 million Land Reform Transformation Unit operational Legislation harmonized

Secretary Kenya Law Reform Commission PS Lands

Thematic Area 8: Implementation of Public Projects

No. Issue Practical Measure/Action Time frame 3 6 months months X 43 Actor 1 Year PSs/AOs & CEOs Cost Key Performance Indicator Criteria developed

1.

Political interference at project inception

Develop a clearly defined selection criteria for public

No.

Issue

Practical Measure/Action

Time frame 3 6 months months

Actor 1 Year X PS Treasury PS Public Works

Cost

Key Performance Indicator

projects Develop a sessional paper on government project investment programs for nominal projects20 years (5 year rolling) 2. Weak supervision of Projects All contract awards to consultants must be reported to the regulatory body with an attachment of credentials of the professionals involved Publish the details of the existing consultancies the various public agencies have engaged All public projects must have professional indemnity cover All public projects to have publicity signs with all pertinent details including completion dates All public project must engage licenced professionals Publish guidelines for all consultants and contractors Establish/strengthen Project Implementation Committees X Sessional Paper passed by Parliament

PSs/AOs & CEOs

Number of reports made to the regulatory body

PSs/AOs & CEOs DG PPOA PSs/AOs & CEOs PSs/AOs & CEOs

X X

Published names of licenced professionals in both the website and print media Indemnity cover provided Number of sign boards erected

X X X

PSs/AOs & CEOs PSs/AOs & CEOs PSs/AOs & CEOs

Number and details of professionals engaged Guidelines published Project Implementation Committees established

44

No.

Issue

Practical Measure/Action

3.

Collusion between contractors and public officers

Establish National Construction Authority Reclassify all contractors by the envisaged National Construction Authority All agencies to share information on debarred contractors Provide names of constructors recommended for debarrement to PPOA All payments must be made within the provisions of the contract Reduce the number of signatories to a maximum of 3 Tender documents must be certified by 3 qualified professionals independently who will be held accountable The certifying professionals involved in malpractices or unethical conduct to be reported to the regulatory bodies and sanctioned accordingly Relevant training for officers involved in negotiations for loans & grants

Time frame 3 6 months months X X

Actor 1 Year PS MoPW SG State Law Office PSs/AOs & CEOs PSs/AOs & CEOs PSs/AOs & CEOs PSs/AOs & CEOs PSs/AOs & CEOs PSs/AOs & CEOs

Cost

Key Performance Indicator Enactment of the NCA Bill into law Database on contractors List of debarred contractors published List of contractors recommended for debarrement Payments made promptly Reduced number of signatories Appointment of three independent professionals Number of sanctioned professionals

X X

X X

4.

Layers of bureaucracy in processing payments

X X

5.

Failure to deliberately inbuild safeguards in the tender documents

PSs/AOs & CEOs

6.

Inadequate capacity of negotiations for loans and grants

PS, Treasury PSs/AOs & CEOs

Number of officers trained

45

No.

Issue

Practical Measure/Action

7.

Extension of time/variations change of scope

All requests for extension of time, variations or change of scope must be tabled before respective tender committees well in advance Professionals involved in Extension of Time (EOT) or change of scope to be sanctioned by the relevant regulatory bodies Effective appraisal and M&E reviews during project implementation

Time frame 3 6 months months X

Actor 1 Year PSs/AOs & CEOs

Cost

Key Performance Indicator Tabling of request for EOT before tender committees

PSs/AOs & CEOs

Number of sanctioned professionals

8.

Lack of an effective M& E System for Projects

PSs/AOs & CEOs

Quarterly M&E Reports

Thematic Area 9:
No Issue

ICT Action Items

Practical measure/action Time Frame 3 6 1 M M yr X Actor Cost Key performance indicator Number private sector ISPs in GoK Mobile e-services implemented.

1.

2.

Under-utilisation of existing Broadband in government by public institutions Lack of mobile e-services delivery (Judiciary, Immigration, Pensions, NHIF, NSSF)

Effect non-renewal of Private Sector ISP contracts with effect from FY 2010/2011 Circular from PSSC & HOPS so as to fast-track implementation of mobile eservices in the identified services

PSSC & HOPS PS MOIC Secretary e-Govt PS/SC PS Lands Registrar, Judiciary PS Immigration PS Performance Contracting Department PCSC/Ombudsman PS MOIC MD NHIF and NSSF

46

No

Issue

Practical measure/action

3.

Inadequate use of ICT by Judiciary, Immigration and Pensions, NHIF, NSSF, etc

Automate recording of court proceedings Lawyers to provide written submissions to Courts in advance of hearings Recruit of Research Assistants for Judicial Officers Introduce pleas and mentions Cabinet approval via Telepresence Enforce implementation of the directive to all PSs/AOs to submit returns on performance contracting guidelines issued by PCSC by 15th March 2010 Enhance citizen involvement in Public Complaints on an eplatform and provision of feedback Fully operationalize the use of email communication in government Introduce RFID/GPS Systems for trucks

Time Frame 3 6 1 M M yr X

Actor

Cost

Key performance indicator Court Proceedings automated Directive on implementation of written submissions in courts Number of Research Assistants recruited Telepresence operational Directive being implemented

Director e-Govt PS MOIC Registrar High Court Registrar Judiciary Chief Justice

X X

X X

X X

Registrar High Court Registrar High Court PS, MOIC PS Performance Contracting PSs/AOs PSSC & HOPS Executive Director PCSC (Ombudsman) Secretary ICT Sec. E-Govt PSs/AOs & CEOs PS Transport CG KRA DG KENHA PS Roads PSs/AOs & CEOs

4.

Inadequate feedback on Public Complaints

Prompt feedback on Citizens Complaints

5.

Inadequate use of E-Communication Corruption at Weighbridges

Operationalize intranet RFID/GPS Systems operationalized

6.

7.

Misuse of Government vehicles

Accounting Officers to be given weekly reports on vehicle administration

Number of reports submitted to PSs/AOs & CEOs

47

No

Issue

Practical measure/action

Install GPS Tracking device for all Government vehicles Provide individualized fuel cards for each vehicle Prioritize Integrity Testing for the Transport Department of all MDAs Directive to all public institutions to migrate/adopt the IFMIS platform Extend IFMIS to State Corporations 9. Sensitisation on Government Data Center Directive to Public Bodies to populate Government Data Center Re-issue ICT specifications and application standards to all public bodies Introduce IP Telephony in Government Institute appropriate and adequate ICT Security measures such as firewalls, PDF, Biometric in Gov laptops, Removal of flash Disks, Firewalls, Data-Encryption, etc

Time Frame 3 6 1 M M yr X

Actor

Cost

Key performance indicator GPS established

PS Roads PS Transport PSs/AOs & CEOs PS Transport PSs/AOs & CEOs PS Transport PSs/AOs & CEOs Director KACC PSSC & HOPS PS Treasury Secretary e-Govt PSs/AOs &CEOs PS Treasury Secretary e-Govt All PSs/AOs & CEOs PS MOIC PSSC & HOPS ICT Secretary

Individual fuel card allocated for each vehicle Number of Transport Officers tested Number of public institutions using IFMIS Number of state corporations using IFMIS Directive issued

8.

Failure to optimally use IFMIS

10. Lack of standardised specifications for ICT Procurement 11. High Cost of Telephone Communication 12. Insufficient security of handling on-line Government documents

Standardized specifications issued IP Telephony installed and utilized Directive issued

X X

PSs/AOs & CEOs Secretary E-Govt PS MOIC DG NSIS ICT Secretary

48

No

Issue

Practical measure/action

13. Lack of single Identification System (multiple identities) leading to corruption

Implement Integrated Population Registration System (IPRS) to include ID, Passport, Drivers Licence, Birth Certificate, Voting Card & PIN

Time Frame 3 6 1 M M yr X

Actor

Cost

Key performance indicator IPRS operational

Directive to implement IPRS

14. Inadequate capacity in system audit 15. Lack of an executive information system (e.g. Dash Board, Exec-net)

Train system auditors

PS Immigration PS MOIC Director E-Govt SG State Corp. COMPOL CG KRA PS Immigration DG Kenya Bureau of Statistics IIEC Secretary PS MOIC PSSC & HOPS Secretary e-Govt Secretary e-Govt

Directive issued

Number certified

Install an executive information management systems for PSs/AOs & CEOs

Secretary e-Govt PS MOIC PSs/AOs & CEOs

16. Insufficient monitoring of Government operations 17. National specific physical address

Install monitoring systems e.g. access control, CCTV across Government Develop a national specific physical address system

PSs/AOs & CEOs

Number of Accounting Officers utilizing Executive Information Management Systems Monitoring systems installed National Specific Physical Address operational

PS MOIC PS Lands Post-Master General PS Local Government

49