APRM • SECOND COUNTRY REVIEW REPORT OF THE REPUBLIC OF KENYA fragile national unity. As a result, it is strongly recommended, that Kenya makes urgent steps to address this issue of ethnic representation in a way that preserve national unity. Relevant institutions, such as the Commission for Revenue Allocation (CRA), the National Treasury, and the Senate, should go further and enforce strict compliance with this critical legal provision if Kenya is desirous of preserving its national unity. 2. Corruption and the Quest for Transformational Leadership 2.49 The Government of Kenya (GoK) admits that corruption is the main social challenge in the country as it negatively impacts development. It hinders development in two ways. First, corruption limits the resources available to the government to address poverty. Second, it destroys social values and undermines democracy and good governance. The Kenyan Constitution provides the linchpin to check corruption through relevant provisions, such as Article 10 dealing with accountability, transparency, integrity good governance, among others, while Article 232 is pre-occupied with the principles of public service. The Constitution accentuates the separation of power among the three arms of government. 2.50 There is widespread perception that corruption permeates all sectors of public life in Kenya as reflected by major governance indicators. There has been slight improvement over the past decade according to transparency International’s Corruption Perception Index and the World Bank Governance Indicators but Kenya still scores relatively poorly on both these measures. In 2011, Kenya was ranked 154 out of 182 countries assessed by Transparency International. In contrast, it is noteworthy appreciating that the World Bank has recorded other governance improvements, including progress in terms of governmental effectiveness (from a score of 28.3 in 2002 to 36.0 in 2011) and in relation to voice and accountability, from 25.5 in 2002 to 40.4 in 2011. 2.51 The GoK admits that corruption must be fought and it has taken various measures to fight corruption. Among the laws enacted are the Ethics and Anti-Corruption Commission Act, 2011 that led to the establishment of the Ethics and Anti-Corruption Commission, EACC (a body that replaced the Kenya Anti-Corruption Commission, KACC), the Leadership and Integrity Act 2012 and Public Officers Ethics Act 2003. The Constitution of Kenya and laws on financial management underscore the principles of transparency, accountability and integrity. 2.52 There are proofs of corruption cases handled and actions taken by the anti-corruption bureau, the Ethics and Anti-Corruption Commission (ACC). The EACC statistics reveal that: 434 cases related to corruption and economic crimes are being investigated; 187 cases being investigated for unethical behaviour; and 536 cases are pending in courts involving 891 persons arraigned for corruption. A total sum of KShs 9.768 billion was traced and recovered by the EACC in the period between 2005 and 2016. The Government has expressed its commitment in the fight against corruption, but makes clear it has to be within the framework of the Constitution of Kenya, and strict adherence to due process and the principles of fair trial. | 44 |