Political Risk:
Moderate
Score:
50/100
1
58/100
Is there formal provision for effective and independent legislative scrutiny of defence policy?
View Question
The Kenya Parliament has powers over the defence laws. In addition, Chapter 8 of the Constitution gives formal powers to make laws to the…
Explore
Articles 94, 241, and 242 of Kenya’s 2010 Constitution empowers Parliament to regularly approve and veto laws on security, exercise budgetary power, and review…
Explore
While there is no evidence of coercion, it is common practice for stakeholders such as ministries to lobby and engage Parliament before presenting new…
Explore
2
67/100
Does the country have an identifiable and effective parliamentary defence and security committee (or similar such organisations) to exercise oversight?
View Question
The Departmental Committee on Defence, Intelligence and Foreign Relations is established under the National Standing Orders No. 216 [1]. The committee’s mandate includes oversight,…
Explore
The Departmental Committee on Defence, Intelligence, and Foreign Relations in Kenya’s 13th Parliament faces a unique challenge due to the limited military expertise among…
Explore
The review is often undertaken whenever the need arises, such as during the debate on various Defence Cooperation Agreements (DCAs). An example is the…
Explore
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…
Explore
Modernisation of the KDF is one of Kenya’s Vision 2030 flagship projects [1]. However, long-term oversight and investigations into defence-related matters have been inconsistent.…
Explore
Follow-up mechanisms are weak despite legal and policy frameworks in place to ensure that recommendations are implemented. Failure to implement recommendations can result in…
Explore
3
31/100
Is the country’s national defence policy or national security strategy debated and publicly available?
View Question
Kenya’s National Defence Policy (2017) is publicly accessible on the Ministry of Defence website and in the Kenya Institute of Public Policy Research &…
Explore
There is limited to almost non-existent substantive debate or discourse in public at both the civil society and the general public levels. An interview…
Explore
The last review of Kenya’s National Defence Strategy was undertaken seven years ago. While Kenya is yet to initiate its review of its National…
Explore
The Departmental Committee on Defence reports are generally available to the public [1]. However, the accessibility of certain confidential documents, such as annual performance…
Explore
4
42/100
Do defence and security institutions have a policy, or evidence, of openness towards civil society organisations (CSOs) when dealing with issues of corruption?
View Question
While there is no formal or informal policy that requires openness towards Civil Society Organisations (CSOs) in the defence sector, anecdotal evidence shows elements…
Explore
Interviews with two civil society members confirm that there is robust space for civil society groups to engage in multiple activities within Kenya. Despite…
Explore
Defence and security institutions are open towards CSOs, but have infrequently or superficially worked on issues of corruption. The military does not engage with…
Explore
5
75/100
Has the country signed up to the following international anti-corruption instruments: UNCAC and the OECD Convention?
View Question
Kenya signed and ratified the UNCAC Convention, and deposited its instrument of ratification on 9 December 2003 [1]. Kenya is not a significant security…
Explore
Kenya was grey-listed in February 2024 for outstanding strategic gaps in its technical compliance and effectiveness with the Financial Action Task Force (FATFT) requirements.…
Explore
6
50/100
Is there evidence of regular, active public debate on issues of defence? If yes, does the government participate in this debate?
View Question
Outside government, there is a regular public debate among academics, journalists, opinion-formers, and CSOs about defence issues [1, 2, 3]. These debates usually revolve…
Explore
Parliament facilitates most discussions with the public about defence issues through open forums and media briefings [2]. However, this does not happen regularly or…
Explore
7
63/100
Does the country have an openly stated and effectively implemented anti-corruption policy for the defence sector?
View Question
There is no anti-corruption policy that applies directly to the defence sector. However, guiding principles under the Kenya Defence Forces Act requires the Defence…
Explore
The Government’s official policy is the Sessional Paper number 2 of 2018 on National Ethics and Anti-corruption policy. The policy is a comprehensive framework…
Explore
8
33/100
Are there independent, well-resourced, and effective institutions within defence and security tasked with building integrity and countering corruption?
View Question
There is evidence to suggest that the MoD actively engages with independent institutions with an anti-corruption mandate, specifically the Commission for Administrative Justice (CAJ)…
Explore
There are no independent, well-resourced, and effective institutions within defence and security tasked with building integrity and countering corruption. Instead, the MoD works closely…
Explore
There is evidence to suggest that staff within the unit are aware of corruption risks in the MoD since most have been publicised, including…
Explore
9
NS/100
Does the public trust the institutions of defence and security to tackle the issue of bribery and corruption in their establishments?
View Question
The public perceives a clear commitment from the defence establishment to combat bribery and corruption, viewing their efforts as sincere and effective. Kenyan Defene…
Explore
10
0/100
Are there regular assessments of the areas of greatest corruption risk for ministry and armed forces personnel, and are the findings used as inputs to the anti-corruption policy?
View Question
EACC has developed a comprehensive Corruption Risk Assessment (CRA) methodology for public entities. This methodology promotes integrity, transparency, and accountability in institutional operations by…
Explore
There exists a document “Public Sector Risk Management Guidelines” in Kenya, specifying that risk management (including risk assessment) should be integrated into entity planning…
Explore
Kenya’s broader anti-corruption framework, as outlined in the 2024 EACC Guidelines on Corruption Risk Assessment & Management, requires public entities to identify and map…
Explore
11
42/100
Does the country have a process for acquisition planning that involves clear oversight, and is it publicly available?
View Question
There is a clear process for the entire acquisition planning cycle in place, with formally separate internal acquisition planning functions, e.g., budget, commercial, and…
Explore
There is limited information available about entire acquisition planning cycle in place and connections between specific purchases and defence strategy. The only information available…
Explore
There is strong external oversight in land acquisition matters within the defence sector, primarily because land issues are highly public and sensitive. However, there…
Explore
12
75/100
Is the defence budget transparent, showing key items of expenditure? And it is provided to the legislature in a timely fashion?
View Question
The National Budget from the National Treasury provides a lump sum allocation to the Ministry of Defence. The Budget Policy Statement offers a topline…
Explore
Parliament receives budget estimates by 21st March and has until June to review and present what has been approved [1]. Article 223 covers Supplementary…
Explore
13
50/100
Is there a legislative committee (or other appropriate body) responsible for defence budget scrutiny and analysis in an effective way?
View Question
The Departmental Committee on Defence, Intelligence and Foreign Relations is one of 20 departmental committees established under Standing Order 216, with 11 core functions.…
Explore
There are instances where the Departmental Committee on Defence and Parliamentary Accounts have raised questions about utilisation of Defence budgets in previous FYs and…
Explore
14
50/100
Is the approved defence budget made publicly available? In practice, can citizens, civil society, and the media obtain detailed information on the defence budget?
View Question
Treasury publishes the Programme Based Budget publicly. The Programme Based Budget provides a summary of expenditure by vote and category, as well as by…
Explore
According to Open Budget Surveys on Kenya which measures online available, timeliness and comprehensiveness, Kenya’ ranks at 55/100 in transparency. A transparency score of…
Explore
Article 35 of the Constitution guarantees on the right to access information. However, there are limits when it comes to classified information. Sessional paper…
Explore
15
67/100
Are sources of defence income other than from central government allocation (from equipment sales or property disposal, for example) published and scrutinised?
View Question
The Minisrtry of Defence produces an annual report on budget allocation and expenditure, broken down into National Defence, Civic Aid, National Space Management, General…
Explore
Scrutiny mechanisms are in place to assess other sources of defence income other than Treasury allocation [1]. These sources of income are audited by…
Explore
Public and media scrutiny of defence matters is constrained by limited access to information. The KDF Act’s definition of classified information presents challenges for…
Explore
16
58/100
Is there an effective internal audit process for defence ministry expenditure (that is, for example, transparent, conducted by appropriately skilled individuals, and subject to parliamentary oversight)?
View Question
While Specific internal audit reports detailing issues within the Ministry of Defence are not publicly accessible, the Office of the Auditor-General provides oversight by…
Explore
There are instances where information required by parliament has not been provided on security grounds. Parliament has many tools that they use to conduct…
Explore
The Auditor General examines the effectiveness of internal audits and provides opinions on their performance. When internal audit functions are missing or ineffective, the…
Explore
There is not enough evidence to score this indicator. Section 172 of the Internal Audit Regulations requires internal auditors to ensure there is enforcement…
Explore
17
50/100
Is there effective and transparent external auditing of military defence expenditure?
View Question
The Auditor-General is mandated by the Constitution of Kenya, under Article 229, to audit and report on the use of public resources by all…
Explore
While an independent audit office exists through the Office of the Auditor-General (OAG), it faces challenges in securing adequate and protected funding, particularly during…
Explore
Article 229(7) of the Constitution requires the Auditor-General to “submit to the National Assembly a report on the accounts of the National Government, and…
Explore
Evidence from the Auditor General suggests that the Ministry does not always address audit recommendations. For example, the Kenya Ordnance Factories Corporation received qualified…
Explore
18
55/100
Is there evidence that the country’s defence institutions have controlling or financial interests in businesses associated with the country’s natural resource exploitation and, if so, are these interests publicly stated and subject to scrutiny?
View Question
In Kenya, there is no explicit legislation prohibiting the military from controlling financial interests in businesses associated with the country’s natural resources [1, 2].…
Explore
The KDF and MoD have been involved in multiple land disputes, with orders to vacate encroached land in Marsabit (2,500 hectares) [3], court rulings…
Explore
While there are no formal reports linking the KDF to natural resource exploitation, the military faces significant land-related challenges. Currently, KDF is involved in…
Explore
Kenyan law requires public officers, including military officers to declare assets and conflicts of interest under the Leadership and Integrity Act (2012) and the…
Explore
Public Officer Ethics Act (2003) and Leadership & Integrity Act (2012) require all public officers, including defence officers, to declare assets, liabilities, and interests…
Explore
19
63/100
Is there evidence, for example through media investigations or prosecution reports, of a penetration of organised crime into the defence and security sector? If no, is there evidence that the government is alert and prepared for this risk?
View Question
There is moderate likelihood of military involvement in sectors in which organised crime operates. There are standalone cases of KDF officers implicated in crime.…
Explore
The Defence Strategy as well as the country’s leadership have acknowledged terrorism risks but have not adequately addressed the threat of organised crime penetrating…
Explore
20
75/100
Is there policing to investigate corruption and organised crime within the defence services and is there evidence of the effectiveness of this policing?
View Question
Kenya Defence Forces maintain a specialised policing unit—the Kenya Defence Forces (KDF) Military Police Directorate—tasked with enforcing discipline and investigating internal misconduct, including corruption…
Explore
The Kenya Defence Force has an independent Director of Military Prosecution (DMP) established under section 213 of the Kenya Defence Force Act. The DMP…
Explore
The Kenya Defence Forces have acknowledged incidents of bribery within their ranks, particularly in relation to recruitment. Officers have been investigated and prosecuted by…
Explore
21
75/100
Are the policies, administration, and budgets of the intelligence services subject to effective and independent oversight?
View Question
The National Assembly Departmental Committee on Defence, Intelligence, and Foreign Relations is designated to scrutinise the intelligence service’s policies, administration, and budgets. It functions…
Explore
The National Assembly Departmental Committee on Defence, Intelligence and Foreign Relations exercises statutory oversight of the National Intelligence Service [1]. When handling sensitive matters,…
Explore
22
75/100
Are senior positions within the intelligence services filled on the basis of objective selection criteria, and are appointees subject to investigation of their suitability and prior conduct?
View Question
There is an objective selection criteria for appointing the Director-General of the National Intelligence Service (NIS), but it is unclear if it is consistently…
Explore
There are sufficient checks and balances to ensure there is no opportunity for intervention by third parties that may result in selection bias or…
Explore
Section 7(1) of the National Intelligence Service Act 2012 provides for a Director General to be appointed by the President with the approval of…
Explore
23
0/100
Does the government have a well-scrutinised process for arms export decisions that aligns with Articles 7.1.iv, 11.5, and 15.6 of the Arms Trade Treaty (ATT)?
View Question
Kenya is not a signatory of the Arms Trade Treaty [1]. In 2006, Kenya was among the six member states that co-authored the initial…
Explore
While Kenya is not a signatory of the Arms Trade Treaty, it has made significant progress in the region such as committing to marking…
Explore
Kenya is not considered a significant arms exporter according to SIPRI [1]. However, Kenya does engage in limited domestic arms production and may export…
Explore
The country does not have a framework that regulates lobbying activity. Lobbying occurs but there are no lobbying regulations except for procurement where there…
Explore
The country does not have legislation that regulates lobbying in the defence sector, this sub-indicator is marked as Not Applicable [1].
Explore
The country does not have legislation that regulates lobbying in the defence sector, this sub-indicator is marked as Not Applicable [1].
Explore
The country does not have legislation that regulates lobbying in the defence sector, this sub-indicator is marked as Not Applicable [1].
Explore
Defence and Security Policy and Policy Transparency
Q1
NA/100
Is there formal provision for effective and independent legislative scrutiny of defence policy?
View Question
Q2
NA/100
Does the country have an identifiable and effective parliamentary defence and security committee (or similar such organisations) to exercise oversight?
View Question
Q3
NA/100
Is the country’s national defence policy or national security strategy debated and publicly available?
View Question
Q4
NA/100
Do defence and security institutions have a policy, or evidence, of openness towards civil society organisations (CSOs) when dealing with issues of corruption?
View Question
Q5
NA/100
Has the country signed up to the following international anti-corruption instruments: UNCAC and the OECD Convention?
View Question
Q6
NA/100
Is there evidence of regular, active public debate on issues of defence? If yes, does the government participate in this debate?
View Question
Q7
NA/100
Does the country have an openly stated and effectively implemented anti-corruption policy for the defence sector?
View Question
Q8
NA/100
Are there independent, well-resourced, and effective institutions within defence and security tasked with building integrity and countering corruption?
View Question
Q9
NA/100
Does the public trust the institutions of defence and security to tackle the issue of bribery and corruption in their establishments?
View Question
Q10
NA/100
Are there regular assessments of the areas of greatest corruption risk for ministry and armed forces personnel, and are the findings used as inputs to the anti-corruption policy?
View QuestionDefence Budgets
Q11
NA/100
Does the country have a process for acquisition planning that involves clear oversight, and is it publicly available?
View Question
Q12
NA/100
Is the defence budget transparent, showing key items of expenditure? And it is provided to the legislature in a timely fashion?
View Question
Q13
NA/100
Is there a legislative committee (or other appropriate body) responsible for defence budget scrutiny and analysis in an effective way?
View Question
Q14
NA/100
Is the approved defence budget made publicly available? In practice, can citizens, civil society, and the media obtain detailed information on the defence budget?
View Question
Q15
NA/100
Are sources of defence income other than from central government allocation (from equipment sales or property disposal, for example) published and scrutinised?
View Question
Q16
NA/100
Is there an effective internal audit process for defence ministry expenditure (that is, for example, transparent, conducted by appropriately skilled individuals, and subject to parliamentary oversight)?
View Question
Q17
NA/100
Is there effective and transparent external auditing of military defence expenditure?
View QuestionNexus of Defence and National Assets
Q18
NA/100
Is there evidence that the country’s defence institutions have controlling or financial interests in businesses associated with the country’s natural resource exploitation and, if so, are these interests publicly stated and subject to scrutiny?
View QuestionOrganised Crime
Q19
NA/100
Is there evidence, for example through media investigations or prosecution reports, of a penetration of organised crime into the defence and security sector? If no, is there evidence that the government is alert and prepared for this risk?
View Question
Q20
NA/100
Is there policing to investigate corruption and organised crime within the defence services and is there evidence of the effectiveness of this policing?
View QuestionControl of Intelligence Services
Q21
NA/100
Are the policies, administration, and budgets of the intelligence services subject to effective and independent oversight?
View Question
Q22
NA/100
Are senior positions within the intelligence services filled on the basis of objective selection criteria, and are appointees subject to investigation of their suitability and prior conduct?
View QuestionExport Controls
Q23
NA/100