New Bribery Laws in Kenya

Kenya’s new Bribery Act 2016 and Election Offences Act 2016 came into force last month.

The Bribery Act repeals the previous Anti-Corruption and Economic Crimes Act offence of ‘bribery of an agent’ and replaces it with new provisions copy-pasted modelled after the UK’s Bribery Act. It also explicitly criminalises bribery of foreign officials while introducing new offences targeted at private sector bribery: failure to put in place anti-corruption/anti-bribery procedures, failure to prevent bribery and enabling bribery.

The Election Offences Act repeals the election offences found in the Elections Act. It is limited to conduct that occurs during the election period- it criminalises bribery, use of public resources and misuse of public office among other offences. It clarifies that these are criminal offences (in contrast with the Elections Act which was vague and left a giant loophole to evade liability).

The Bribery Act 2016 can be found here.

The Election Offences Act 2016 can be found here