Financial Risk:
Moderate
Score:
51/100
24
58/100
How effective are controls over the disposal of assets, and is information on these disposals, and the proceeds of their sale, transparent?
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The Public Procurement and Asset Disposal Act (2015) requires all government entities, including the Ministry of Defence to follow an annual Asset Disposal Plan…
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The Ministry of Defence publishes planned disposals in its website although this is not consistent and comprehensive as some of this information is often…
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While MOD publishes planned disposals on their website and in daily newspapers, information on the financial results of asset disposals is never provided. This…
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25
58/100
Is independent and transparent scrutiny of asset disposals conducted by defence establishments, and are the reports of such scrutiny publicly available?
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Asset disposals are regularly scrutinised by the OAG and the scrutiny is thorough and formalised. In June 2022, the OAG scrutinised MOD’s fixed assets…
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While there has been no direct interference in the scrutiny process, access to information has required diplomatic navigation. When the OAG has encountered challenges…
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The Office of the Auditor General, despite its efforts to submit timely reports to Parliament, faces significant delays due to lengthy parliamentary debate processes…
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26
0/100
What percentage of defence and security expenditure in the budget year is dedicated to spending on secret items relating to national security and the intelligence services?
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The budget is a one-line item and there is no breakdown. Officially, it is not known how much goes to confidential budgets [1]. In…
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27
0/100
Is the legislature (or the appropriate legislative committee or members of the legislature) given full information for the budget year on the spending of all secret items relating to national security and military intelligence?
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The budget is a one-line item and there is no breakdown. Officially, it’s not known how much goes to confidential budgets [1]. In June…
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28
25/100
Are audit reports of the annual accounts of the security sector (the military and intelligence services) subject to parliamentary debate?
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Legislators are provided with detailed audit reports related to the security sector and other secret programmes. Audit reports examine all expenditures (major and minor).…
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Article 229 (7) and (8) of the Constitution mandates the Auditor General (7) Audit reports to be submitted to Parliament. Within three months after…
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29
58/100
In law, are off-budget military expenditures permitted, and if so, are they exceptional occurrences that are well-controlled? In practice, are there any off-budget military expenditures? If so, does evidence suggest this involves illicit economic activity?
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The Public Finance Management (PFM) Act No. 18 of 2012 establishes the framework for planning, budgeting, implementing, and evaluating the use of public funds…
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In the financial year ending June 2022, the OAG flagged the Ministry of Defence for signing contracts that exceeded the actual funds allocated for…
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Off-budget expenditures are rare and discouraged. They typically occur during emergencies, such as banditry attacks or floods [1]. In the financial year ending June…
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Kenya has a robust legal framework governing access to information, as outlined in Article 35 of the Constitution and the Access to Information Act…
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Mechanisms for public access to defence information are limited due to classification of information. Section 49(5 a-d) outlines four categories of classified information: top…
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The MoD publishes non-classified information on its website. However, there are limits to accessing classified information. “Classified information” is defined as any information of…
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31
100/100
Do national defence and security institutions have beneficial ownership of commercial businesses? If so, how transparent are details of the operations and finances of such businesses?
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The Ministry of Defence (MOD) in Kenya has been allocated a total budget of KES 168.09 billion for the 2024/2025 fiscal year [1]. This…
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Ownership of commercial businesses is publicly declared, with details of their operations and finances being transparent, fully disclosed, and with standards of governance equivalent…
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32
100/100
Are military-owned businesses subject to transparent independent scrutiny at a recognised international standard?
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The Auditor General undertakes audits of the military-owned businesses as provided by Article 229 of the Constitution, the Public Finance Management Act, 2012 and…
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The Auditor General report for 18 months period ending June 2023 established the following regarding the National Defence University Kenya: Use of unapproved Human…
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33
100/100
Is there evidence of unauthorised private enterprise by military or other defence ministry employees? If so, what is the government’s reaction to such enterprise?
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The Kenya Defence Forces Act of 2012 and the Public Officer Ethics Act of 2003 forbid military personnel and Defence Council members from engaging…
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There is limited information to suggest that KDF or MoD employees are involved in private business. Unauthorised private enterprise is strictly regulated and does…
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77
31/100
Is comprehensive data on actual spending on defence published during the budget year?
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The Ministry of Defence produces an annual report on budget allocation and expenditure, broken down into National Defence, Civic Aid, National Space Management, General…
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The Budget Policy Statement (BPS) provides only headline allocations for defence, without line-item details on operations, procurement, or intelligence, which are withheld on national…
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Kenya’s financial year runs from July 1st of the current calendar year to June 30th of the following year. The budget-making process begins in…
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Aden Duale, the Defence Cabinet Secretary, refused to provide a detailed breakdown of KDF’s expenditure for the 2022/2023 financial year when he appeared before…
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0
NA/100
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Asset Disposals
Q24
NA/100
How effective are controls over the disposal of assets, and is information on these disposals, and the proceeds of their sale, transparent?
View Question
Q25
NA/100
Is independent and transparent scrutiny of asset disposals conducted by defence establishments, and are the reports of such scrutiny publicly available?
View QuestionSecret Budgets
Q26
NA/100
What percentage of defence and security expenditure in the budget year is dedicated to spending on secret items relating to national security and the intelligence services?
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Q27
NA/100
Is the legislature (or the appropriate legislative committee or members of the legislature) given full information for the budget year on the spending of all secret items relating to national security and military intelligence?
View Question
Q28
NA/100
Are audit reports of the annual accounts of the security sector (the military and intelligence services) subject to parliamentary debate?
View Question
Q29
NA/100
In law, are off-budget military expenditures permitted, and if so, are they exceptional occurrences that are well-controlled? In practice, are there any off-budget military expenditures? If so, does evidence suggest this involves illicit economic activity?
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Q30
NA/100
Are mechanisms for accessing information from the defence sector effective?
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Q31
NA/100
Do national defence and security institutions have beneficial ownership of commercial businesses? If so, how transparent are details of the operations and finances of such businesses?
View QuestionMilitary-owned Businesses
Q32
NA/100
Are military-owned businesses subject to transparent independent scrutiny at a recognised international standard?
View QuestionIllegal Private Enterprise
Q33
NA/100
Is there evidence of unauthorised private enterprise by military or other defence ministry employees? If so, what is the government’s reaction to such enterprise?
View QuestionActual Military Spending
Q77
NA/100