APRM • SECOND COUNTRY REVIEW REPORT OF THE REPUBLIC OF KENYA and multi-agency collaboration, technical assistance, capacity-building, strict adherence to the Constitution of Kenya, and the rule of law and due process, among others, in the fight against corruption. 370. Some of the recommendations of The Task Force are: (i) fighting corruption within the framework of the Constitution of Kenya, and the adherence to due process and the principles of fair trial irrespective of the pressure from the society on the fight against corruption; (ii) the development of new laws to support the fight against corruption; (iii) all public and private entities are required to put in place measures to prevent bribery and corruption, and would be held liable for failure to do so; (iv) the membership of Ethics and AntiCorruption Commission (EACC) be increased to five and the terms of service should be part time; (v) the capacity of the key agencies directly involved in fighting corruption and those of other institutions whose functions contribute to the fight against corruption be strengthened; (vi) multi-agency linkage and collaboration in the fight against corruption; (vii) a whistleblower be protected; and (viii) improve the capacity of various institutions to fight corruption and economic crimes. 371. During the consultative forums, the CRM was informed that the Government has accepted the recommendations of the Task Force and that implementation of some of the proposals had commenced. Indeed, the CRM was told that pursuant to the recommendations of the Task Force, the Ethics and Anti-Corruption (Amendment) Act, 2016 was enacted, the establishment of a High Court Division on Anti-Corruption and Economic Crimes through Gazette Notice No. 136 of 11th December 2015 to hear and conclude cases speedily, while several anti-corruption bills (the Anti-Corruption Laws (Amendment) Bill, 2016 to operationalize the legislative framework for fighting corruption, Whistle Blower Protection Bill, 2016, Computer and Cyber Crimes Bill, 2016, Data Protection Bill, Electronic Transactions Bill and Bribery Bill, 2016) are underway and the appointment of an interagency committee to oversee the implementation of the recommendations of the Task Force. The CRM acknowledges the various recommendations of the Task Force and the positive steps taken thereafter by the Government. 4.6.2.2 Challenges 372. In spite of the achievements in creating the tool-kit to deal with corruption, which includes the creation of numerous institutions dealing with the matter, including EACC, Parliamentary PAC and PIC, DPP, AG, KENAO, Police, Judiciary, the Controller of the Budget, the public and the financial sector regulatory authorities (and attendant laws), the fight against corruption has continued to face serious challenges and is far from being won. 373. The participants in most of the consultative forums expressed that the level of corruption is very endemic and systemic, more than ever recorded in the country’s history. The CRM found that the various ratings on Kenya’s economic governance are fretting (examples are: the Global Ease of Doing Business Report 2014 that ranked Kenya 136 out 189 countries considered in its sample; and that Kenya occupied 115 position out 144 countries evaluated by the Global Competiveness Report for the year 2014. That, also in 2014, Kenya’s position in the Global Corruption Perception Survey Index was 145 out of the 174 countries rated). | 169 |