Financial Risk:
High
Score:
42/100
Asset Disposals
Q24
33/100
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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Like all ministries and state corporations, the Ministry of Defence (MOD) and the Kenya Defence Forces are governed by The Public Procurement and Assets…
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The Public Procurement and Assets Disposal Act (PPADA), 2020, provides clear regulations on how public entities including Ministry of Defence (MOD) and Kenya Defence…
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Despite the recent progress made in developing national policies that now require ministries and state corporations including national security institutions, to report to the…
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Q25
50/100
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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A recent initiative by the National Treasury now requires ministries and state corporations including national security institutions like Ministry of Defence (MOD), Kenya Defence…
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There is limited evidence to suggest whether or not the executive or the military undermines scrutiny by audit bodies specifically relating to asset disposals.…
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Data on asset disposal within government agencies including the defence sector is generally minimal. [1] The only publicly available information is from the Office…
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Secret Budgets
Q26
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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Information on Kenya’s military expenditure is accessible through the Stockholm International Peace Research Institute (SIPRI), an independent resource on global security. Reports on expenditure,…
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Q27
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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Disposal of secret items in the Ministry of Defence is under the control of the procurement and disposal division of the ministry. The provision…
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Q28
75/100
Are audit reports of the annual accounts of the security sector (the military and intelligence services) subject to parliamentary debate?
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The Office of the Auditor-General (OAG) conducts annual in-depth financial audits of all ministries and state corporations including Ministry of Defence (MOD) and National…
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There is Parliamentary scrutiny with regard to audit reports of the Ministry of Defence (MOD) and the National Intelligence Service (NIS) [1]. Senior officials,…
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Q29
17/100
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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Off-budget expenditure in government is generally permitted and this does not exclude the military. Section 223 of the Kenyan Constitution permits the government, with…
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In general, there is limited information on off-budget expenditure by national security institutions, including Ministry of Defence and National Intelligence Service (NIS). In Supplementary…
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Ministry of Defence (MOD) and National Intelligence Service (NIS) has always had an off-budget military expenditure. [1] However, it is unclear how often such…
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Q30
38/100
Are mechanisms for accessing information from the defence sector effective?
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In law, according to the Access to Information Act No. 31 of 2016, every citizen has the right of access to information held by…
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This indicator is Not Scored in the GDI. The Access to Information Act No.31 of 2016 sets the guidlines on the rights to access…
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Despite clear guidelines including what limits are there to sensitive and classified information under the Access to Information Act No. 31 of 2016, access…
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Q31
50/100
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 Kenya Defence Forces conducts varied commercial businesses. Recently, Kenya Defence forces launched the Kenya Shipyards limited. The company is an incorporated State company…
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The public has some level of awareness of the commercial activities conducted by the KDF, but there is no apparent transparency of the entire…
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Military-owned Businesses
Q32
50/100
Are military-owned businesses subject to transparent independent scrutiny at a recognised international standard?
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Military operations in Kenya are subject to audits by KDF’s internal audit division. [1] At the same time, the Ministry of Defence is subject…
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Audit details from the Ministry of Defence’s audit reports are made public by the office of the Auditor-General. The details are available on the…
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Illegal Private Enterprise
Q33
88/100
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 section 95, schedule 2, prohibits members of the forces including those in the Defence Council from engagement…
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Unauthorised private enterprise can be said to be conducted by only a few individuals within the KDF. The reason for this observation is that…
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Actual Military Spending
Q77
63/100
Is comprehensive data on actual spending on defence published during the budget year?
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Accounting officers of all government ministries including Ministry of Defence (MOD) are required both by the section 226 (1) of the Constitution and section…
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Data on Kenya’s Ministry of Defence (MOD) expenditure alongside other government ministries and state corporations is published annually by a number of institutions, among…
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Section 81 of the Public Finance Management Act No 18 of 2012 requires Ministry of Defence (MOD) to prepare and submit its financial statements…
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Office of the Controller of Budgets (OCOB) and the National Treasury publish both budgets and expenditure financial statements from all government ministries and state…
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