While the constitution states that a state or official may not have a bank account outside of Kenya, the 12th official has to keep such accounts under the conditions set out in the law, including obtaining the approval of the Ethics and Anti-Corruption Commission (EACC ).
The law states that a civil servant “has reasonable grounds to open or operate an account” has a bank account outside of Kenya to apply for approval from the Ethics and Integrity Committee. “
As a result, according to its 2017-2018, the EACC has given at least 453 officials permission to hold and operate secret accounts since 2012.
During the same period, the Commission received requests and processed eight closure notifications of bank accounts, four of which were executed in fiscal 2017/18.
The revelations come to the ailing kenya amid calls for the repatriation of f foreign assets Strengthening the niche economy after it became known that Mr. Kenyatta’s family had multi-billion shillings worth of real estate and liquid assets in overseas.
The first family, in a global exposé called Pandora Papers, belonged to to the powerful global personalities who owned multi-million dollar real estate overseas and $ 3.3 billion in stocks and bonds that critics said should be liquidated and returned to kickstart the troubled economy.
Most Kenyatta accounts were opened before the 2010 Constitution and Integrity Act were passed two years later.
The synopsis in 12 million files The International Consortium of Investigative Journalists (ICIJ) accused the first family of not engaging in illegal activities.
According to the EACC, they received and approved in the 2017/18 financial year 15 requests from state and public officials to open or continue bank accounts outside of Kenya.
Once public officials receive the green light from the commission for managing the foreign account, they must notify the commission by 31st with the EACC at the latest they are investigating 191 officials who work in missions abroad who illegally operate secret bank accounts abroad.
An examination of the bank accounts of officials outside Kenya by the agency covered the unauthorized foreign accounts of the 191. Foreign Ministry officials.
According to CEO Twalib Mbarak, the Commission has continued to identify 58 officials who, despite having their overseas bank accounts approved, have failed to make their annual bank staff available to the Commission.
And MPs are now blaming the weak 2012 law for this mess.
Rarieda MP Otiende Amolo said yesterday that The Leadership and Integrity Act lowered the standards contemplated by the authors and gave civil servants the freedom to operate foreign bank accounts.
“The authors were categorical that no civil servant outside of Kenya should have a foreign bank account. The requirement that a civil servant should seek authority from the commission weakens this intention. It lowers the standard, “he said, saying anyone could cite the commission’s approval to justify their position.
Ugunja MP Opiyo Wandayi opposed such a law, arguing that it should Kenya as a. could endanger players in the world economy.
“Such a law is not appropriate in the globalized economy and restricts Kenyans who want to invest in international markets. We cannot afford to be an island in the international economy, ”he said.
Former Mandera MP Abdikadir Mohamed, Chairman of the Constitutional Oversight and Implementation Committee (CIOC) in the 10th Parliament, said there were enough laws that regulate state officials and their finances, noting that the challenge lies in implementing such laws.
“Implementation is always the problem,” he said, citing the Leadership Integrity Act, which he chaired the committee as midwife.
The law requires all government officials to declare their assets at the end of each year, a medium that the former MP believes is sufficient for all civil servants to to make their disclosures on such matters.
“At the end of each year, state officials are required to sign their property declaration forms and if there is a problem they are required to make it public. Everything else is criminal. ”