The arrest of Kenya’s deputy chief justice late in August is the latest in a crackdown on high-profile cases in the country’s tough anti-corruption campaign. In 2016, Kenya was reported to lose about US$6 billion to corruption every year, an amount equal to a third of the country’s annual state budget. The latest treasury records show high public debt at KES 4.8 trillion (US$48 billion).
Tanzania and Somalia have launched similar campaigns, characterised by the arrest of high-level public officials. Throughout the region, graft has facilitated serious crimes, such as illicit arms proliferation, human trafficking, drug trafficking, cattle rustling, smuggling of counterfeit goods and terrorism. For instance, two international reports have accused Kenyan military units stationed in southern Somalia, as part of the African Union mission (AU) there, of facilitating the illegal charcoal trade and sugar smuggling. This illegal trade has been linked to funding for terrorist group Al-Shabaab, and occurs despite a UN ban on the charcoal trade that has been in place since 2012.
Some critics argue that anti-graft campaigns are used to crack down on political opponents. Kenya’s Deputy Chief Justice, Philomena Mwilu now faces prosecution for tax evasion, but argues that her arrest was politically motivated. Mwilu was one of the judges behind a supreme court ruling that nullified President Uhuru Kenyatta’s election win in August 2017. The judgement led to the first ever presidential election rerun in Kenya. In Tanzania, President John Magufuli has also been criticised for targeting opponents in his anti-graft war.
Some countries in the region, whose anti-graft efforts began even before the AU declared 2018 the ‘African Anti-Corruption Year’ at its January summit, have achieved tangible results. According to the 2017 edition of Transparency International (TI)’s Corruption Perceptions Index – which ranks countries according to perceived levels of public sector corruption, based on the views of experts and business people – Rwanda is perceived to be the least corrupt country in the region, ranked 48th out of 180 countries, up from 50th in 2016.
The TI index scores place Rwanda as well as Tanzania ahead of Burundi, Ethiopia, Kenya, Somalia, South Sudan, Sudan, and Uganda. Political leaders who are committed to fighting corruption seem to be the common denominator for success.
Clément Musangabatware, Rwanda's deputy ombudsman in charge of preventing and fighting corruption, attributes the country’s success in the fight against graft to strategies such as minimising direct contact with public procurement officials. The TI index ranked Tanzania 103rd globally, an improvement on the previous two years. President Magufuli’s efforts appear to be paying off, despite criticism from political opponents. His anti-graft campaign has led to arrests of top state officials and from among the country’s port and revenue authorities, and a shake-up in the civil service following high-level sackings.
Having all ratified the UN Convention Against Corruption, the only legally binding international instrument on corruption, most countries in the region have enacted domestic anti-graft legislation and set up institutions. Implementation, however, requires leadership. It is encouraging, therefore, to see the recent show of political will and state commitment in undertaking active anti-corruption efforts in countries such as Kenya, Somalia and Ethiopia, which have also announced plans to investigate officials’ foreign bank accounts.
Anti-graft measures in Somalia have led to the arrest and dismissal of top government officials and probes into government spending for the first time since the 1990s. Kenya’s anti-corruption legislation and institutions date back to 1956 and 1993, respectively, but the country’s most recent anti-graft efforts have for the first time since independence seen senior government officials arrested and prosecuted.
In recognition of the transnational nature of illicit financial flows occasioned by corruption, countries have signed agreements with partners outside the region. Examples include Kenya’s recent agreement with the UK to repatriate proceeds of corruption and crime, signed during Prime Minister Theresa May’s August visit; and a similar deal exists with Switzerland to trace and recover stolen assets and funds stashed in Swiss accounts. Uganda has in place a memorandum of understanding with the EU and UK to strengthen its anti-corruption response. These efforts are laudable, but such cooperation is also required within the region itself.
National and regional efforts are needed to bolster faith in state capacity to equitably distribute resources and create an enabling environment for economic development and socio-political stability. It also enhances public service delivery in line with AU values and principles. This should be binding to enable the AU to impose sanctions or compel compliance by all member states.
Measures like arresting and prosecuting senior state officials signal a strong intention to fight graft. However, a sustained criminal justice response – which includes the consistent dismissal of corrupt officials, imprisonment of convicted suspects and recovery of proceeds from corruption – is needed for zero tolerance to be translated into real success.
Deo Gumba, ENACT Regional Organised Crime Observatory Coordinator – East and Horn of Africa, ISS, and Charity Musembi, independent researcher
