Kenya
Kenya has seen major international corruption cases in recent years. The Goldenberg, Anglo-Leasing and Chickengate scandals became talking points across Kenya. Only some of these have seen substantial progress towards resolution. Outside of these well-known examples, domestic institutions have been increasingly engaged in investigating and prosecuting public officials accused of corruption and have been engaged in recovering funds stolen by them. Since 2018, CiFAR has engaged with civil society in Kenya, promoting transparency in management of recovered assets, the social reuse of assets and engaging with key asset recovery authorities.
Overview
In recent years, the Kenyan government has engaged in domestic and cross-border asset freezing, confiscation, and return of the proceeds of corruption. Corruption, nevertheless, remains pervasive in the country. In 2021, the former President Uhuru Kenyatta was quoted as saying that Kenya loses KSh 2 billion per day through corruption.
Whereas this was widely perceived as an admission of the failure in his administration’s efforts to stem the tide of corruption, the acknowledgement of the sheer magnitude of the challenge is the first step in addressing the issue. Previously, in 2016, the former Ethics and Anti-Corruption Commission (EACC) Chairman Philip Kinisu announced that about KSh 600 billion was lost to corruption every year.
Domestic asset recovery cases have been the priority for Kenya in recent years. Between the three responsible agencies – the Ethics and Anti-Corruption Commission, Assets Recovery Agency, and Office of the Director of Public Prosecution, substantial amounts of assets resulting from corruption have been investigated, prosecuted and recovered.
Our work in Kenya
Since 2018 CiFAR has engaged with civil society in Kenya, establishing a presence in 2020 and registering as a Kenyan organisation in 2023. Our work in Kenya focusses on:
building political momentum for asset recovery and for related reforms;
participation of the public and non-state actors;
strengthening laws, policies and institutions;
ensuring transparency and accountability; and
compliance with global commitments.
Latest research
Challenges in addressing illicit finance in Kenya’s real estate ecosystem
This paper looks at the challenges the ecosystem faces in addressing illicit finance. Illicit finance continues to pose a significant threat to the integrity of Kenya’s real estate sector. Although Kenya has addressed gaps in its anti-money laundering and countering the financing of terrorism (AML/CFT) laws and deficiencies identified in the 2022 Eastern and Southern Africa Anti-Money Laundering Group (ESAAMLG) Mutual Evaluation, the system still struggles in practice.
Kenya's Real Estate Ecosystem
Our report describes the key architecture current to 2025 that operates to prevent money laundering in the real estate sector in Kenya. It discusses the major players across five different categories of actors, the ways they work and the challenges they face. In doing so, it lays out the network that seeks to prevent and address money laundering into real estate in Kenya, as well as those actors seeking to introduce illicit finance into the sector or make it easier to do so.
Anti-Money Laundering Rules and Reporting for the Kenyan Real Estate Sector
This paper explores AML/CFT controls relevant to the real estate sector after three years of revision since the 2022 assessment. It outlines the supervisory roles and reporting obligations that apply to buyers, sellers and key intermediaries in real estate transactions.
2024 CAPAR Assessment Kenya
This pilot assessment provide a first round of analysis of the implementation of the Common African Position on Asset Recovery in Kenya, assessing commitments across the four CAPAR pillars.
A Framework for the Distribution of Recovered Assets to Communities in Kenya
This policy brief analyses the current framework in Kenya to distribute recovered assets upon their confiscation and forfeiture and conducts an initial exploration of an approach to return recovered property and funds in a way that benefits affected communities.
Asset Management in Kenya
This report scrutinizes Kenya’s asset management landscape, focusing on the legal and institutional structures in place. Leveraging insights from our previous research, the analysis identifies persistent challenges in asset management across a) the freezing / seizure, and b) the final confiscation/disposal stages of asset recovery.
The Social Reuse of Recovered Assets in Kenya
This report looks at the growing practice of social reuse as a facet of the management and disposition of recovered assets. It considers how social reuse has been and could be further utilised as a concept in Kenya as a way to build community empowerment while fighting corruption.
Alternative Dispute Resolution & Asset Recovery in Kenya
This report looks at how and when ADR has been used as a tool for asset recovery in Kenya. As a country at the forefront of using alternative methods to address anti-corruption cases, it considers the opportunities and challenges using ADR in addressing corruption presents, and what lessons can be drawn for other jurisdictions.
Citizen Guide to Asset Recovery in Kenya
This user-friendly and informative guide aims to empower citizens, private sector actors, and civil society organizations to have the knowledge and tools to effectively understand and engage with the asset recovery process in Kenya.
