Uhuru Era Corruption

Overview

The Uhuru Kenyatta presidency (2013-2022) was marked by tension between anti-corruption rhetoric and continued corruption at high levels of government. Major scandals (NYS Scandal, KEMSA Scandal, Eurobond) emerged during the era. The president campaigned on anti-corruption platforms while government officials implicated in major scandals often escaped prosecution.

Anti-Corruption Rhetoric vs. Implementation

Uhuru promised "radical" action against corruption in his 2013 campaign. However, when investigations approached high-level government officials and the president's allies, political pressure constrained prosecutions.

The Director of Public Prosecutions and anti-corruption agencies pursued some cases aggressively (particularly against opposition figures and lower-level officials) while declining to initiate cases against government officials who were well-connected.

NYS Scandals (Two Phases)

The National Youth Service (NYS) scandal involved two major theft events: (1) approximately KES 791 million stolen in 2015, (2) approximately KES 9 billion stolen in 2018.

The first phase involved embezzlement by NYS officials and businesspeople contracted to supply services. The second phase involved procurement fraud where suppliers were paid for goods and services never delivered.

Investigations revealed that funds diverted to politically connected businesspeople. The scandal became prominent because the scale was large and because some youth had protested and demanded accountability.

KEMSA Scandal (COVID-19)

The 2020 KEMSA pandemic procurement scandal involved KES 7.8 billion in fraudulent PPE procurement. The scandal occurred during the COVID-19 emergency when procurement was supposed to be fast-tracked but not corrupt.

The scale (KES 7.8 billion) and the timing (during a health emergency when supplies were critical) made the scandal particularly damaging to government credibility.

Eurobond Controversy (Uhuru Era Legacy)

While the Eurobond was issued at the end of the Kibaki era (2014), controversy over its use persisted into the Uhuru era. Opposition figures continued to allege that Eurobond proceeds were looted. Independent analysis suggested that significant portions of the funds were not clearly accounted for.

SGR Procurement and Corruption

The Standard Gauge Railway (SGR) project, financed with Chinese loans and built by Chinese contractors, has been subject to allegations of bid rigging and inflated costs. The contract was awarded to a Chinese firm at costs substantially higher than international benchmarks.

The Uhuru government defended the project as essential infrastructure. Opposition figures and civil society alleged corruption in the procurement process.

County Government Corruption

Devolution created 47 new county governments under the 2010 constitution. These counties have been sites of rampant corruption as county officials have diverted funds meant for local development.

Ward development funds, county procurement, and bursary allocations have been systematically stolen by county officials. Governors, county executives, and ward administrators have been prosecuted for corruption but convictions have been limited.

Political Interference in Prosecutions

Prosecutions of government officials for corruption have faced apparent political interference. Cases have been slow-walked. Key witnesses have been intimidated or have not been produced for testimony. The DPP has sometimes announced intention to prosecute high-level figures but has not followed through with actual charges.

Impunity for Connected Figures

While some individuals have been prosecuted for corruption, the most connected and highest-ranking officials have generally escaped prosecution. Individuals with direct access to the president or powerful cabinet ministers have not faced charges even when credible corruption allegations existed.

Civil Society and Opposition Pressure

Civil society organizations and opposition politicians have attempted to hold the Uhuru government accountable for corruption. This has been constrained by: (1) limited opposition parliamentary presence, (2) weak independent media, (3) constitutional independence of prosecuting authorities that is undermined in practice by political pressure.

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