Towards a Comprehensive Anti-Corruption Strategy in Kenya in the Wake of the 2010 Constitutional Dispensation

Abstract

This thesis critically examines the efficacy of Kenya’s anti-corruption legal regime established in the wake of the 2010 constitutional dispensation. It analyses the scope and scale of public sector corruption, explores the array of anti-corruption measures adopted, and identifies the limitations that undermine the effective realisation of the anti-corruption objectives as envisioned in the Constitution. Key research questions include: What is the extent of public sector corruption in Kenya? How has Kenya’s legal framework addressed corruption? To what extent have these measures succeeded or failed in combatting corruption? The research reveals that while Kenya has designed a robust anti-corruption framework, including constitutionalising integrity and ethics in public life and establishing specialised anti- corruption entities, the impact of these efforts remains limited. Loopholes in the legal framework have led to systemic corruption that continues to undermine governance. Specifically, the constitutional Code of Conduct lacks enforceability, rendering its ethical provisions ineffectual. Consequently, state officers can remain unaccountable for breaches of integrity. Drawing on Integrated Social Contract Theory (ISCT), this thesis argues that a disconnect arises because the formal legal mandates (macro-social contracts) are not adequately supported by the ethical norms and expectations (micro-social contracts) of public officials. This research contributes to academic discourse by critically evaluating Kenya’s anti- corruption strategy through a constitutional lens, highlighting the interplay between formal legal structures and societal norms in curbing corruption. It illuminates the strengths and weaknesses of Kenya’s approach to corruption, providing a nuanced understanding of how legal structures can both enable and constrain anti-corruption efforts. The study findings inform debates on the effectiveness of constitutionalising anti-corruption mechanisms and offer comparative insights for other countries with similar governance challenges. By proposing concrete reforms, this thesis aims to influence future anti-corruption policy design in Kenya and beyond. Ultimately, this thesis highlights the urgent need for targeted legal reforms to fortify Kenya’s anti-corruption framework and ensure accountability at the highest levels of public office.