Political Risk:

High

Score:

47/100

Defence and Security Policy and Policy Transparency

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Q1 58/100

Is there formal provision for effective and independent legislative scrutiny of defence policy?

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Formal rights Score: 50 / 100
The Kenya Constitution stipulates in Article 238 (2a) that national security, which includes Defence organs, are subject to authority of the Constitution and Parliament.…
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Effectiveness Score: 50 / 100
Parliament reguarly reviews defence-related policies, especially budgets. The PAC, for instance, reviews Auditor-General’s annual audit reports, which include Ministry of Defence (MOD) audits. PAC…
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Independent legislature scrutiny Score: 75 / 100
The Executive, has, in the past, overlooked provisions of the constitution that require parliamentary approval before deploying troops internally or externally for missions. For…
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Q2 67/100

Does the country have an identifiable and effective parliamentary defence and security committee (or similar such organisations) to exercise oversight?

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Formal rights Score: 100 / 100
The National Assembly has two main defence and security committees in Parliament. These are the Defence and Foreign Relations Committee in the National Assembly,…
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Expertise Score: 0 / 100
Only two out of the nineteen members of the current Defence and Foreign Affairs Committee in the National Assembly, for instance, have experience in…
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Responsive policymaking Score: 100 / 100
Various committees regularly review the Ministry of Defence (MOD) in a variety of areas. In the period under review, the Defence and Foreign Affairs…
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Short-term oversight Score: 75 / 100
The two main committees that are responsible for regular budget oversight of the defence sector are the Parliamentary Accounts Committee (PAC) and Budget and…
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Long-term oversight Score: 75 / 100
Defence and Foreign Relations Committee (DFRC) is the only National Assembly Committee that is mandated by Parliamentary Standing Orders 216 to ‘investigate, inquire and…
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Institutional outcomes Score: 50 / 100
MOD has in the past responded to recommendations raised from the various committees, such as the auditing processes and Defence and Foreign Affairs Committee…
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Q3 19/100

Is the country’s national defence policy or national security strategy debated and publicly available?

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Scope of involvement Score: 25 / 100
On a macro-level, Kenya has developed a Grand Strategy which is informed by, among others, the Constitution, Vision 2030 blueprint, the Defence White Paper…
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Scope of debate Score: 0 / 100
Although the MOD has published a Defence Policy (Defence White Paper), the policy mainly focuses on the exisiting and possible threats that Kenya faces…
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Public consultations Score: 0 / 100
There has been no evidence of formal consultation process involving the public in the last 5 years in relation to the defence strategy. However,…
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Transparency Score: 50 / 100
Although the defence policy document is available to the public via the Ministry of Defence website and the National Defence College Website, the process…
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Q4 25/100

Do defence and security institutions have a policy, or evidence, of openness towards civil society organisations (CSOs) when dealing with issues of corruption?

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Policy of openness Score: 0 / 100
There is no formal policy that requires security institutions in general, and the defence sector in particular, to be open towards Civil Society Organisations.…
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CSO protections Score: 50 / 100
Today, Kenya has a relatively significant and diverse number of Civil Societies Organisation (CSO) in the country compared to most countries in the East…
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Practice of openness Score: 25 / 100
Kenyan defence institutions rarely engage civilian and non-governmental organisations on operational issues. However, recently the KDF engaged non-governmental organisations in monitoring one of the…
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Q5 75/100

Has the country signed up to the following international anti-corruption instruments: UNCAC and the OECD Convention?

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Signatory and Ratification status Score: 100 / 100
Kenya is not a significant defence exporter, and it has not signed the the OECD Convention. However it was actually the first country to…
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Compliance Score: 50 / 100
Kenya has signed several conventions, including the UNCAC. A task force appointed by the Attorney-General to advise the President on appropriate interventions for enhancing…
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Q6 63/100

Is there evidence of regular, active public debate on issues of defence? If yes, does the government participate in this debate?

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Public debate Score: 75 / 100
There are occasional public debates on defence issues the majority are held in the media often led by pundits drawn from academia, policy practitioners,…
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Government engagement in public discourse Score: 50 / 100
There are on occassions, where official authorities are involved, the majority are done, for instance, within parliamentary committee hearings or general National Assembly debates…
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Q7 25/100

Does the country have an openly stated and effectively implemented anti-corruption policy for the defence sector?

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Anti-corruption policy Score: 50 / 100
Kenya has only recently adopted a National Ethics and Anti-Corruption Policy (NEACP), which was officially launched in October 2020. The policy was developed in…
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Effective implementation Score: 0 / 100
As the NEACP was only launched in October 2020, it remains too early to assess its implementation. Nevertheless, the implementation of other corruption-related policies…
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Q8 58/100

Are there independent, well-resourced, and effective institutions within defence and security tasked with building integrity and countering corruption?

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Mandate and resources Score: 75 / 100
There is no specific independent institution tasked with countering corruption in the defence and security sector. The defence and security sector rely on existing…
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Independence Score: 50 / 100
Although the EACC still has weaknesses such lack of prosecutory powers, unlike its predecessor, the KACC, EACC as an independent commission has both institutional…
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Effectiveness Score: 50 / 100
Despite the independence granted to the EACC, ODPP and Judiciary by the constitution, these institutions faces several challenges, particularly with respect to mandate and…
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Q9 NS/100

Does the public trust the institutions of defence and security to tackle the issue of bribery and corruption in their establishments?

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Score: NS / 100
This indicator is not assigned a score in the GDI. In the 2018 Ethics and Anti-Corruption Commission’s National Ethics and Corruption Survey, the Ministry…
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Q10 25/100

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?

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Risk assessments Score: 25 / 100
The EACC conducts system assessments for corruption risk in public bodies, however there is no publicly available evidence that this has been done for…
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Regularity Score: NA / 100
This indicator has been marked ‘Not Applicable’, as there is no evidence that risk assessments are conducted. An evaluation survey is conducted annually and…
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Inputs to anti-corruption policy Score: NA / 100
This indicator has been marked ‘Not Applicable’, as there is no evidence that risk assessments are conducted. One of the objectives of the annual…
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Defence Budgets

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Q11 33/100

Does the country have a process for acquisition planning that involves clear oversight, and is it publicly available?

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Acquisition planning process Score: 50 / 100
It is not clear from infomation currently publicly available what equipment is covered in acquisitions; however, the Ministry of Defence (MOD) has, through its…
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Transparency Score: 25 / 100
The public has limited access to the information and processes on both the acquisition planning process, including the changes to the acquisition process. Moreover,…
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External oversight Score: 25 / 100
There is no indication of the oversight mechanism for the Defence Procurement process outlined on the website. Information available from literature indicates in the…
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Q12 88/100

Is the defence budget transparent, showing key items of expenditure? And it is provided to the legislature in a timely fashion?

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Comprehensiveness Score: 75 / 100
The defence budget for the Ministry of Defence (MOD) is published publicly by the National Treasury. Review of published budgets indicates that the budget…
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Timeliness Score: 100 / 100
The legislature receives an accurate defence budget proposal between 2-4 months before the start of the budget year. The Kenyan Constitution requires the National…
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Q13 75/100

Is there a legislative committee (or other appropriate body) responsible for defence budget scrutiny and analysis in an effective way?

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Formal rights Score: 100 / 100
The Defence and Foreign Relations Committee has the mandate to scrutinise the defence budget. The Committee also has the powers to summon under both…
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Influence on decision-making Score: 50 / 100
Despite the powers and privileges above, the committees’ power and influence is only limited to recommending changes through policy recommendations, or inviting enforcing institutions…
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Q14 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?

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Proactive publication Score: 75 / 100
The constitution of Kenya under article 221 requires the Finance Cabinet Secretary to submit to the National Assembly estimates of expenditure of the national…
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Comprehensiveness Score: 50 / 100
Although the comprehensive national and ministerial approved budget including MOD is fully published by Treasury for the public, there are sensitive areas that are…
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Response to information requests Score: 25 / 100
While the National Treasury does release proposed budgets in advance, according to the Article 221 of the Constitution, together with the Ministry of Defence…
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Q15 75/100

Are sources of defence income other than from central government allocation (from equipment sales or property disposal, for example) published and scrutinised?

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Transparency Score: 50 / 100
Treasury publishes goverment revenue, grants and loans for every financial year. This includes actual receipts for previous two years, printed and revised estimates for…
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Institutional scrutiny Score: 100 / 100
There are mechanisms of scrutiny in place. The Office of the Auditor-General is a constitutionally mandated office to conduct audits of all public instititutions,…
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Public scrutiny Score: 75 / 100
There is a considerable level of public scrutiny, especially on expenditure, on both KDF and the Ministry of Defence largely by Parliament. Parliament’s Budget…
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Q16 31/100

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)?

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Activity Score: 25 / 100
The Ministry of Defence notes on its website that the internal audit division carries out its activities independently. [1] This division notes that its…
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Enabling oversight Score: 25 / 100
Despite having parliamentary committees, such as Public Accounts Committee and the Budget Appropriation Committee, which have the mandate of oversight of the appropriation of…
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External scrutiny Score: 50 / 100
The internal audit division of the Ministry of Defence states that it publishes and submits periodical reports to the Office of Auditor General (OAG),…
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Institutional outcomes Score: 25 / 100
The Ministry of Defence sometimes addresses audit findings especially when tasked by parliament to accout for expenditure and accountabilty of public funds allocated to…
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Q17 50/100

Is there effective and transparent external auditing of military defence expenditure?

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Activity Score: 50 / 100
Other than Parliament, the Office of the Auditor-General (OAG) is the only external entity that has the statutory mandate to conduct an in-depth review…
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Independence Score: 50 / 100
The Office of the Auditor-General (OAG) is the only institution that can independently audit military defence expenditure. OAG operates independently and has its own…
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Transparency Score: 50 / 100
The Office of the Auditor-General conducts audit processes using International Standards on Supreme Audit Institutions (ISSAIs) or consistent national auditing standards. The audit reports…
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Institutional outcomes Score: 50 / 100
The Ministry of Defence sometimes addresses audit findings but it is usually when tasked by parliament to address issues that arise from audit reports…
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Nexus of Defence and National Assets

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Q18 83/100

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?

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Legal framework Score: 50 / 100
The Kenya Defence Force, according to the Constitution of Kenya, is a statutory security organ established as a national security institution with the sole…
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Defence institutions: Financial or controlling interests in practice Score: 100 / 100
There are no known cases where Kenyan defence institutions are involved in exploitation of natural resources. According to section 285 of the Kenya Defence…
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Individual defence personnel: Financial or controlling interests in practice Score: 100 / 100
There are no cases of defence personnel being involved in natural resource exploitation. All funds allocated to KDF are either from the government or…
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Transparency Score: NA / 100
KDF is not involved in exploitation of natural resources and hence there is no precedent. The law requires that all funds allocated to KDF…
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Scrutiny Score: NA / 100
This indicator is marked ‘Not Applicable’. Due to the lack of involvement of defence in exploitation of resources, there is no precedence of oversight.
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Organised Crime

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Q19 13/100

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?

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Penetration of organised crime Score: 25 / 100
There is evidence of penetration of organised crime into the defence and the security sector. There have been past reports that have linked some…
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Government response Score: 0 / 100
Despite the publication of media reports, whose investigations were backed by UN monitoring group, suggesting the involvement of some defence officials in illicit trade…
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Q20 50/100

Is there policing to investigate corruption and organised crime within the defence services and is there evidence of the effectiveness of this policing?

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Existence of policing function Score: 100 / 100
There is a directorate of counter-violent extremism and organised crime within the National Policing Service. [1] While this unit is authorised to work on…
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Independence Score: 50 / 100
The Kenya Defence Force has an independent Director of Military Prosecution (DMP) established under section 213 of by the Kenya Defence Force Act. [1]…
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Effectiveness Score: 0 / 100
There is no evidence that can be used to determine the effectiveness of the Director of Military Prosecution (DMP) on investigating corruption and organised…
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Control of Intelligence Services

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Q21 50/100

Are the policies, administration, and budgets of the intelligence services subject to effective and independent oversight?

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Independence Score: 75 / 100
There is limited information in the public domain about oversight of the National Intelligence Service’s (NIS) policies, administration and budgets. According to the National…
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Effectiveness Score: 25 / 100
According to the National Intelligence Service Act, oversight bodies such as the NSC and National Intelligence Service Complaints Board have access to classified information…
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Q22 58/100

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?

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Objective selection criteria Score: 50 / 100
The criteria for selecting senior officials of the National Intelligence Service (NIS) particularly the Director-General (DG) and other Directors within the service is well…
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Selection bias Score: 50 / 100
Although the criteria of selecting members of the services are, in general, outlined in the NIS Act; there are issues of impartiality. This is…
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Vetting process Score: 75 / 100
All individuals joining the service according to the National Intelligence Service Act of 2012 have to undergo Security screening by service. [1] This involves…
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Export Controls

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Q23 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)?

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Signatory and Ratification Score: 0 / 100
Although Kenya voted to support adoption of Arms Trade Treaty (ATT) in 2013, it has not – according to the United Nations Register of…
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Compliance Score: NA / 100
This indicator is marked ‘Not Applicable’ as Kenya is not a member of Arms Trade Treaty (ATT). According to United Nations Register of Conventional…
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Parliamentary scrutiny Score: NA / 100
This indicator is marked ‘Not Applicable’ as Kenya is not an arms exporter. [1]
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Lobbying in Defence

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Q76 0/100

Does the country regulate lobbying of defence institutions?

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Legal framework Score: 0 / 100
There is no framework to regulate lobbying activity in the defence sector. In the past, scholars have called for Parliament to enact laws to…
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Disclosure: Public officials Score: NA / 100
There is no framework for lobbying activity in the defence sector. As such, this indicator is marked ‘Not Applicable’.
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Lobbyist registration system Score: NA / 100
There is no framework for lobbying activity in the defence sector. As such, this indicator is marked ‘Not Applicable’.
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Oversight & enforcement Score: NA / 100
There is no framework for lobbying activity in the defence sector. As such, this indicator is marked ‘Not Applicable’.
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