Penalties for Corruption Offences
The Law provides for the following penalties:
– A fine not exceeding Ksh 1,000,000/- or imprisonment for a period not exceeding 10 years or both.
– Additional mandatory fines, if as a result of the corrupt conduct or economic crime a person receives a benefit that can be quantified or measured, or a person has suffered a loss that can be quantified or measured. The mandatory fine shall be equal to two times the amount of the benefit or loss.
But there is more to it:
Remark: The additional mandatory fines may be of more importance than the first fines and/or imprisonment, because in many cases the damages of corruption are much higher. Each offender may be charged the same amount again.
Sec. 48 of Anti-Corruption and Economic Crimes Act
Also, a person who engages in corruption or economic crimes is personally liable to compensate anyone who suffers a loss as a result of the offence and for other compensations. (Sec. 51 to 54 of the same act)
The EACC may adduce evidence that a person has unexplained assets. If with this evidence a court concludes the assets were unexplainable without being the result of corrupt conduct “the High Court may make an order prohibiting the transfer or disposal of or other dealing with property” (Sec. 55 of the same act and following sections). The EACC may at any time appoint a receiver for such property. (Sec. 56A)
Additional penalties for public officers
- If charged with corruption or economic crime: suspension on half pay with effect from the date of the charge.
- If convicted: suspension without pay pending the outcomes of the appeal.
- If the appeal is upheld (or period for launching the appeal lapses): dismissal from service
- Further disqualifications from holding any public office for a period of ten years
(Sec. 62 to 64 of the Anti-Corruption and Economic Crimes Act)
Penalties for Public Officers in the Public Officers Ethics Act
Other penalties and sometimes higher penalties (or sometimes the same) apply to public officers according the the Public Officers Ethics Act.
E.G. a public officer who does not correctly declare his income, assets and liabilities according to the Public Officers Ethics Act (Sec. 32) is liable, on conviction, to a fine not exceeding one million shillings or to imprisonment for a term not exceeding one year or to both.