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OFFICE OF THE ATTORNEY GENERAL AND DEPARTMENT OF JUSTICE

The mandate areas of the Office of Attorney General & Department of Justice (State Law Office) includes: Constitutional Implementation and Devolution; Rule of Law and Protection of Public Interest; Provision of legal services to the public and Government; Provision of national registration services; Ease of Doing Business; Promotion, Fulfillment and Protection of Human Rights; Anti- Corruption, Ethics and Integrity;  Reform of Electoral and Political Processes; Legal Aid; Reform of Legal Education; Regulation and Oversight over the Legal Profession; Co-ordination of GJLOS Sector Reforms, and Administrative management and Capacity Building.

ETHICS AND INTEGRITY REFORM PROGRAMMES

Achievement on Political Goodwill and Leadership

In March 2015, The President provided the critical political leadership and goodwill necessary to galvanize anti-corruption actors:
A list of 176 individuals who were facing investigations by the Ethics and Anti-Corruption Commission was tabled in Parliament;
Adversely mentioned individuals were directed to step aside;
Corruption was declared a national security threat.
The National Intelligence Service began to pursue information and intelligence on corruption.
The National Security Advisory Committee added corruption, particularly that which impacts security, in its agenda and advise to the National Security Council.
The Multi-Agency Team on Corruption was established. The team strategically uses the strengths of the various institutional mandates to jointly trace and freeze assets, investigate corruption incidences, undertake tax compliance and bring to prosecution the perpetrators of corruption including cases such as the National Youth Service saga, the ivory shipment cases and the contraband sugar, rice and ethanol cases.
The Office of Attorney General began a review the legislative and policy framework on corruption.

As a result of these actions this Government has recorded the highest number of corruption cases filed in our country’s history:

Six Cabinet Secretaries and four Principal Secretaries stepped aside, an unprecedented step in Kenya’s history. Various other senior officials within the Presidency and Parastatals similarly stepped aside to pave way for unfettered investigations.
Over 360 criminal cases are before various anti-corruption courts throughout the country undergoing prosecution; 518 additional cases are under investigation by the EACC
Kshs. 344 million worth of contraband ethanol, sugar and rice were destroyed.
Kshs. 1.3 billion worth of tax demands have been undertaken under the Multi Agency framework and 6 KRA officials charged with facilitating tax evasion;
Kshs. 158 million worth in frozen bank accounts;
17 assets in the form of land, vehicles and business entities have been preserved from 11 preservation cases by the Asset Recovery Agency.
The ODPP has also secured 25 vehicles, 2 properties and frozen 13 bank accounts in various ivory related cases.

Under investigation are an additional 11 properties, 14 vehicles and 5 business enterprises from the NYS saga as well as the Imperial Bank and Tatu City matters.

The Bribery Bill 2015 has been approved by the Cabinet sub-Committee on Legislation, awaiting to be tabled in Parliament in the next few weeks. The bill focuses intervention on bribery of foreign officials and private sector in line with international best practice.

Anti-money laundering and tax evasion strategies have been boosted. Today corruption investigation and tax enforcement measures are simultaneously pursued with each reinforcing the other for greater effectiveness. This is another first in Kenya’s history.

Non-intensive administrative measures to internally transfer critical PFM staff, develop a code of conduct for suppliers, common user item costings, curriculum on public sector training, among other strategies identified in the Taskforce on the Review of the Legal, Policy, and Institutional Framework for Fighting Corruption have been undertaken.

Specialized anti-corruption courts have been established with 2 judges and 10 magistrates. The Chief Justice has now directed all corruption cases to be heard continuously (day to day basis) to fast track conclusion.

Additional Anti-Corruption Measures

The Government continues to entrench of good governance principles in laws and regulations e.g. Companies Act (beneficial owner; governance structures; conflict principles); Public Finance Management Act (surcharge); proposed Government Owned Entities Bill etc

The country has concluded and actioned upon Mutual Legal Assistance Agreements with foreign governments and taken action to repatriate funds; extradite suspects; and receive/provide evidence in corruption cases e.g Anglo Leasing Proceeds in Switzerland; UK Jersey case etc

The Government continues to receive support from friendly nations e.g. the US  “Joint Commitment to Promote Good Governance and Anti-Corruption Efforts in Kenya” whose commitment areas are implemented through the Taskforce Report above.

Value Based Anti-Corruption Campaigns: The Government continues to entrench corruption prevention and awareness creation campaigns to foster transparency and accountability, but more importantly, inculcate values based anti-corruption messaging to the public through the National Anti-Corruption Campaign Steering Committee as well as regular programming interventions.


CREATING A CONDUCIVE ENVIRONMENT FOR DOING BUSINESS

Enactment of the Companies, Insolvency and Business Registration Services Acts 2015

The Companies Act 2015 has revolutionized the legal framework for Companies operating in Kenya, overhauling an archaic Act (1947).
The new Act makes it possible to establish single director companies, an attractive feature for young entrepreneurs willing to engage in business.
It removes the need for a company secretary or lawyer unless so required by the client, considerably reducing the cost of forming a company.
Private companies will not need to hold physical annual meetings unless they positively opt to do so. It will be easier for companies to take decisions by written resolutions rather than holding a meeting.
A company registered under the new Act can do any type of business it wants to without amending the Memorandum of Objectives.
The Act has enhanced director’s duties and responsibilities, promoting governance, transparency and accountability tenets into company management.

The Insolvency Act 2015 has transformed the current process of company receivership from the current time consuming and tiresome procedures to one that makes it much easier for the affected company to revert to normal operations when all is cleared.

The Business Registration Services Act 2015 consolidates administration of the laws relating to the incorporation, registration, operation and management of companies, partnerships and firms; business names, bankruptcy, societies, hire purchase, chattels transfers, adoption, coat of arms, books and newspapers, the national flag, emblems and names.

The Companies Act and Regulations and Insolvency Act were operationalized in phases. This is to provide a framework for adjustment for existing and new companies to comply;

The Business Registration Service Board has been established and is responsible for implementation of the ease of doing business interventions under OAG&DOJ supervision;


Accompanying modified and simplified application forms have been developed to facilitate the process of registration, change of particulars, filing of returns etc. Further and more importantly, the single application form now incorporates a consolidated application mechanism for company registration, PIN registration, NHIF, and NSSF. The office is working on similarly easing the multiple payment requirements by providing a single fee for all transactions. Payment platforms for reservation and registration fees vide MPESA and Postapay are also available;

Through the e-citizen portal, some of the forms have been made available to facilitate online registration of companies. Development and testing of the registration process through e-citizen is currently ongoing for company’s registration and CR12s.


Continuous digitization and scanning of records in the Companies Registry for easy retrieval, safekeeping and access is a regular practice.

Secure Transactions Reforms

The Government is undertaking a review and overhaul of the secured transactions legal and regulatory framework (registration of Chattels). Stakeholder engagement is ongoing prior to publication of a proposed Moveable Properties Bill.

The Companies Registry continues to use Huduma Centers to further expand its business registration services to the regions, as well as establish regional offices in all places where the High Courts have been established.

The Government continues to enhance the use of Alternative Dispute Resolutions (ADR) mechanisms especially in commercial disputes as a strategy towards encouraging faster resolution of business conflicts. The Nairobi Centre for International Arbitration (NCIA) has concluded procedural rules for mediation and arbitration under the NCIA and embarked on a programme of sensitization of the rules in the country, regionally and internationally. The sensitization will create awareness on the existence of the center and its services and promote the practice of international arbitration in Kenya. This is in addition to the ADR solutions in place within the Judiciary including mediation for commercial disputes.

IMPLEMENTATION OF THE CONSTITUTION AND LAW REFORM

The State Law Office has concluded the development of all Constitutional bills and subsidiary legislation to implement the Constitution, more so the bills that were scheduled for the fifth and final year of implementation. These have been presented to Parliament for its enactment. They include the 2/3 Gender Rule Legislation; Community Land legislation, Public Procurement Legislation, Public Audit Legislation and various Land Law Amendment Acts.

The State Law Office has also initiated operationalization of critical legislation to give further effect to the constitution, especially legislation that enhances the Bill of Rights e.g. the Transfer of Prisoners Act, The Fair Administrative Action Act, Persons Deprived of Liberty Act, Victims Compensation Act etc.

The State Law Office and Kenya Law Reform Commission have initiated an overhaul of all existing legislation to align it to the new Constitution as well as review new legislation for concurrence. These include a review and overhaul of crime prevention and criminal justice reforms in the area of policy and legislation.

The State Law Office is reviewing a consolidated mechanism for consideration of various constitution review proposals as well as a mechanism for coordination in enacting legislation.