[{"data":1,"prerenderedAt":214},["ShallowReactive",2],{"news-timeline-test-blog-2544":3,"news-timeline-test-blog-2544-similar":27,"i-heroicons:arrow-left-20-solid":209},[4],{"id":5,"status":6,"date_created":7,"date_updated":8,"title":9,"type":10,"body":11,"date":12,"topic":13,"slug":15,"activity":16,"nid":17,"topics":18,"activities":19,"programme":8,"area":8,"websites":8,"language":20,"image":8,"translation_of":8,"countries":21,"tags":22,"authors":23,"images":24,"translations":25,"content":26},10630,"published","2026-06-04T21:14:01.000Z",null,"timeline test blog","Blog","\u003Ciframe width=\"100%\" height=\"600\" title=\"Basel Institue 20th anniversary\" src=\"https:\u002F\u002Fembed.timepath.co\u002Fembed\u002Ffree?type=timeline\" frameborder=\"0\">\u003C\u002Fiframe>(function(){window.onmessage=(e)=>{if ( e.origin===\"[https:\u002F\u002Fembed.timepath.co](https:\u002F\u002Fembed.timepath.co)\" && e.data.hasOwnProperty(\"frameHeight\") ){document.getElementById(e.data.timelineId).height=\\`${e.data.frameHeight}\\`;}};})();","2023-11-28",[14],"","timeline-test-blog-2544",[14],2544,[],[],"English",[],[],[],[],[],[],[28,49,77,102,133,157,183],{"id":29,"body":30,"status":6,"type":31,"date":32,"slug":33,"title":34,"image":35,"countries":36,"topic":37,"activity":38,"tags":39,"nid":40,"topics":41,"activities":42,"authors":43,"images":44,"websites":8,"area":8,"programme":8,"language":20,"translations":45,"translation_of":8,"user_created":46,"date_created":7,"user_updated":8,"date_updated":8,"content":47,"link":48},10629,"\u003Ciframe frameborder=\"0\" src=\"https:\u002F\u002Fembed.timepath.co\u002Ftimeline\u002FKzDeHboYLSxO1NnzNtjy\">\u003C\u002Fiframe>","News","2023-12-11","test-timeline-2555","Test timeline","\u002Fpics\u002Fimg-placeholder.png",[],[14],[14],[],2555,[],[],[],[],[],"03bebfd8-0b40-4a2a-820d-b9d9c13b9de6",[],"\u002Fresources\u002Fnews\u002Ftest-timeline-2555",{"id":50,"body":51,"status":6,"type":31,"date":52,"slug":53,"title":54,"image":55,"countries":56,"topic":58,"activity":60,"tags":62,"nid":63,"topics":64,"activities":66,"authors":67,"images":68,"websites":69,"area":8,"programme":8,"language":8,"translations":71,"translation_of":8,"user_created":46,"date_created":72,"user_updated":73,"date_updated":74,"content":75,"link":76},9631,"Our partners and team of asset recovery specialists in Mozambique are celebrating the entry into force of a new law on asset recovery. It significantly extends Mozambique’s capability to recover illicit assets arising from corruption and other criminal activity.\n\nThe team of experts from our International Centre for Asset Recovery ([ICAR](https:\u002F\u002Fwww.baselgovernance.org\u002Fasset-recovery)) supported the Mozambique Office of the Attorney General in its contributions to the proposed asset recovery law. The team will continue their support following the law’s enactment, as part of a long-term assistance programme funded by the Swiss Agency for Development and Cooperation (SDC).\n\n### New possibilities for recovering illicit assets\n\nThe law, entitled _Regime Jurídico Especial de Perda Alargada de Bens e Recuperação de Activos_, has now been published in the official gazette. It introduces:\n\n*   New provisions for traditional confiscation of assets as well as extended confiscation (_perda alargada)._ The clear and straightforward wording of the law will help prosecutors and judges to understand the important distinction between these types of confiscation.\n*   Provision for a basic form of non-conviction based confiscation of assets as part of criminal proceedings.\n*   A special regime for gathering evidence that empowers prosecutors to order the breaking of banking and tax secrecy rules to obtain evidence.\n*   The creation of an Asset Recovery Office within the Attorney General’s Office. This formalises the work of the Multidisciplinary Team that our ICAR team has been working hard to develop over the last two years. These multidisciplinary teams or offices help to build sustainable specialist capacity and to facilitate inter-agency and international cooperation.\n*   The creation of an Asset Management Office within the department responsible for managing state property.\n\n### Milestones and the journey ahead\n\nThese are huge milestones in Mozambique’s efforts to recover the proceeds of corruption and other crimes.\n\nWe congratulate Mozambique on this step and highlight the strong support provided by the Attorney General Beatriz Buchili, who last year emphasised the need for approval of the Asset Recovery Bill in her [annual address to parliament](https:\u002F\u002Fbaselgovernance.org\u002Fnews\u002Fmilestone-mozambiques-journey-more-effective-recovery-stolen-assets).\n\nWe look forward to continuing to support our partners as they face the challenge of implementing and maximising the potential of the new law.\n\n### Learn more\n\n*   Learn more about the difference between traditional and extended confiscation of assets in [Carla Monteiro’s quick guide to financial investigations and asset recovery](https:\u002F\u002Fbaselgovernance.org\u002Fblog\u002Fcarla-monteiros-quick-guide-financial-investigations-and-asset-recovery).\n*   See local media articles about the new law in Portuguese: DW: [Moçambique: Lei de recuperação de ativos aprovada com consenso de todos os partidos](https:\u002F\u002Fwww.dw.com\u002Fpt-002\u002Fmo%C3%A7ambique-lei-de-recupera%C3%A7%C3%A3o-de-ativos-aprovada-com-consenso-de-todos-os-partidos\u002Fa-55500917) and Carta de Moçambique: [Já temos Lei de Recuperação de Activos](https:\u002F\u002Fcartamz.com\u002Findex.php\u002Fpolitica\u002Fitem\u002F6484-ja-temos-lei-de-recuperacao-de-activos).\n*   See a [timeline](https:\u002F\u002Fbaselgovernance.org\u002Fsites\u002Fdefault\u002Ffiles\u002F2020-05\u002FMozambique%20tech%20assistance%20timeline.jpg) of our team’s assistance to the Mozambique Attorney General’s Office, as published in our 2019 Annual Report.","2021-01-20","mozambique-asset-recovery-bill-becomes-law-heralding-new-era-in-the-fight-against-corruption-1960","Mozambique: Asset Recovery Bill becomes law, heralding new era in the fight against corruption","https:\u002F\u002Fjam.baselgovernance.org\u002Fapi\u002Fassets\u002Fa97ee25f-7716-4b60-b0c4-79da5355f9fc?width=1000&height=650&format=webp&quality=80",[57],7357,[59],"Asset Recovery",[61],"Partnerships",[],1960,[65],"Asset Recovery and Enforcement",[61],[],[],[70],"Main page",[],"2022-05-26T22:53:32.000Z","3d9ff205-1640-4f34-b5b6-86977f51bbd6","2026-05-29T22:21:47.000Z",[],"\u002Fresources\u002Fnews\u002Fmozambique-asset-recovery-bill-becomes-law-heralding-new-era-in-the-fight-against-corruption-1960",{"id":78,"body":79,"status":6,"type":31,"date":80,"slug":81,"title":82,"image":83,"countries":84,"topic":86,"activity":87,"tags":90,"nid":91,"topics":92,"activities":93,"authors":94,"images":95,"websites":96,"area":8,"programme":8,"language":8,"translations":97,"translation_of":8,"user_created":46,"date_created":98,"user_updated":73,"date_updated":99,"content":100,"link":101},9736,"In her Annual Report presentation to the Assembly of the Republic of Mozambique broadcast on national television, the Attorney General of Mozambique, Beatriz Buchili, emphasised the need for approval of a new Asset Recovery Bill.\n\nThis important law will provide Mozambique with more effective ways to recover stolen assets. It also establishes the new Mozambican Asset Recovery Office and Asset Management Office.\n\nThe creation of the Asset Recovery Office, also highlighted by the Attorney General in her presentation, is crucial to the success of the country's efforts to recover the illicit proceeds of corruption and other crimes. These multidisciplinary teams help to build sustainable specialist capacity and to facilitate inter-agency and international cooperation.\n\nThe Basel Institute's International Centre for Asset Recovery ([ICAR](https:\u002F\u002Fwww.baselgovernance.org\u002Fasset-recovery)) encourages the creation of these specialist asset recovery units, having seen the success of similar models in its other partner countries. In Peru, for example, a specialist asset recovery unit established in 2017-18 with ICAR support continues to drive forward major asset recovery cases. It is also behind efforts to develop a comprehensive asset recovery system and maximise the potential of new confiscation laws.\n\nIn her speech, the Attorney General warmly acknowledged the support received from cooperation partners. A team of ICAR experts has been providing technical assistance to the Mozambican Prosecutor General's Office since December 2018, with funding from the Swiss Agency for Development and Cooperation.\n\nFind out more in our [Annual Report 2019](https:\u002F\u002Fwww.baselgovernance.org\u002Fsites\u002Fdefault\u002Ffiles\u002F2020-05\u002FBasel%20Institute%20Annual%20Report%202019.pdf) and view a [timeline of our team's activities](https:\u002F\u002Fwww.baselgovernance.org\u002Fsites\u002Fdefault\u002Ffiles\u002F2020-05\u002FMozambique%20tech%20assistance%20timeline.jpg) in the country.","2020-05-26","a-milestone-in-mozambique039s-journey-to-more-effective-recovery-of-stolen-assets-1752","A milestone in Mozambique's journey to more effective recovery of stolen assets","https:\u002F\u002Fjam.baselgovernance.org\u002Fapi\u002Fassets\u002F6698cb88-ff0b-42dd-bc35-86a85f3df1f5?width=1000&height=650&format=webp&quality=80",[85],7420,[59],[88,61,89],"Presentations","International cooperation",[],1752,[65],[88,61,89],[],[],[70],[],"2022-05-26T22:54:58.000Z","2026-05-29T22:21:52.000Z",[],"\u002Fresources\u002Fnews\u002Fa-milestone-in-mozambique039s-journey-to-more-effective-recovery-of-stolen-assets-1752",{"id":103,"body":104,"status":6,"type":10,"date":105,"slug":106,"title":107,"image":108,"countries":109,"topic":111,"activity":114,"tags":116,"nid":121,"topics":122,"activities":124,"authors":125,"images":126,"websites":127,"area":8,"programme":8,"language":8,"translations":128,"translation_of":8,"user_created":46,"date_created":129,"user_updated":73,"date_updated":130,"content":131,"link":132},10466,"Media reports of corruption arising from coronavirus-related aid and emergency procurement are starting to circulate. Crises such as the current one, in common with [natural disaster situations](https:\u002F\u002Fwww.baselgovernance.org\u002Fblog\u002Fcorruption-natural-disaster-situations-can-our-experiences-help-prevent-corruption-related), inevitably increase the risks of corruption. And that increases the importance of strong corruption prevention.\n\nMary Phombeya is Director of Corruption Prevention at the [Anti-Corruption Bureau](http:\u002F\u002Facbmw.org\u002F) (ACB) in Malawi. In this short text for our [2019 Annual Report](https:\u002F\u002Fwww.baselgovernance.org\u002Fsites\u002Fdefault\u002Ffiles\u002F2020-05\u002FBasel%20Institute%20Annual%20Report%202019.pdf), she explains what the ACB is doing to prevent corruption in Malawi with the help of the Basel Institute, and particularly our Public Governance team.\n\n> Through our corruption prevention initiatives at the ACB, we are laying a firm foundation for the fight against corruption in Malawi. I believe our efforts will have a positive impact in the near future and contribute to the betterment of Malawi in the long term.\n> \n> The continued and unwavering support of the Basel Institute on Governance in these corruption prevention initiatives is invaluable.\n> \n> A training workshop delivered by the Basel Institute’s Public Governance team to Officers in the Prevention and Education Department has created a strong base for implementation of our Anti-Corruption Research and Anti-Corruption Interventions.\n> \n> The Basel Institute has also ably coordinated the implementation of a Corruption Risk Assessment Project, which has been piloted in four District Councils. This helped us to unearth corruption risks and to develop, in conjunction with the Councils, appropriate mitigation measures.\n> \n> Lastly, I would like to mention our new National Anti-Corruption Strategy, which we launched in 2019. During the review, the Basel Institute’s team helped us conduct a series of thorough nationwide consultations across all sectors. This has proved vital in ensuring the new strategy is inclusive, relevant and meets the needs of all Malawians. \n\n### Find out more\n\n*   Learn more about [Malawi's National Anti-Corruption Strategy II](https:\u002F\u002Fwww.baselgovernance.org\u002Fnews\u002Fmalawis-new-national-anti-corruption-strategy-state-art-approach) (NACS II) and why we believe it's a state-of-the-art approach.\n*   See a [timeline of the NACS II review](https:\u002F\u002Fwww.baselgovernance.org\u002Fsites\u002Fdefault\u002Ffiles\u002F2020-05\u002FNACS%20review%20timeline.jpg) and how we supported the process.\n*   Learn about the Public Governance team's [training workshops](https:\u002F\u002Fwww.baselgovernance.org\u002Fpublic-governance\u002Ftraining-courses) and [technical assistance](https:\u002F\u002Fwww.baselgovernance.org\u002Fpublic-governance\u002Ftechnical-assistance) services in support of corruption prevention initiatives.","2020-05-28","in-fighting-corruption-in-malawi-prevention-is-better-than-cure-1756","In fighting corruption in Malawi, prevention is better than cure","https:\u002F\u002Fjam.baselgovernance.org\u002Fapi\u002Fassets\u002F71565855-b659-45ac-b455-17ee8f59862c?width=1000&height=650&format=webp&quality=80",[110],7418,[112,113],"Prevention"," Research and Innovation",[115,61],"Anti-corruption interventions",[117],{"tags_id":118},{"id":119,"name":120},1373,"Corruption prevention",1756,[123],"Prevention Research and Innovation",[115,61],[],[],[70],[],"2024-08-13T22:01:56.000Z","2026-05-07T21:29:56.000Z",[],"\u002Fresources\u002Fnews\u002Fin-fighting-corruption-in-malawi-prevention-is-better-than-cure-1756",{"id":134,"body":135,"status":6,"type":31,"date":136,"slug":137,"title":138,"image":139,"countries":140,"topic":143,"activity":144,"tags":145,"nid":146,"topics":147,"activities":148,"authors":149,"images":150,"websites":151,"area":8,"programme":8,"language":8,"translations":152,"translation_of":8,"user_created":46,"date_created":153,"user_updated":73,"date_updated":154,"content":155,"link":156},9683,"The first Deferred Prosecution Agreement (DPA) of the United Kingdom Serious Fraud Office (SFO), secured on 30 November 2015 at the Royal Courts of Justice, London, has on 26 August 2020 given rise to a plea bargain settlement in Tanzania. [As announced by Tanzania’s National Prosecutions Service (NPS)](https:\u002F\u002Ftwitter.com\u002FOMashtaka\u002Fstatus\u002F1299305655996690432?s=20), this nets the Tanzanian authorities TZS 1.5 billion (approx. USD 650,000 or GBP 500,000).\n\nStandard Bank PLC (now ICBC Standard Bank PLC) was the subject of an SFO investigation leading to an indictment alleging failure to prevent bribery contrary to section 7 of the UK’s Bribery Act 2010. This represented the first significant use of this section of the Act and led to the first DPA entered into by the SFO.\n\nAs a result, the criminal proceedings were immediately suspended, Standard Bank was fined a total of USD 25.2 million, and required to pay the Government of Tanzania a further USD 7 million in compensation. In addition, Standard Bank was bound to cooperate fully with the SFO in its ongoing enquiries and make available material to support the domestic investigation in Tanzania.\n\n### From London to Dar es Salaam – making international cooperation work\n\nThe investigation in Tanzania, led by the Prevention and Combating of Corruption Bureau (PCCB), related to a USD 6 million payment made in March 2013 by a former sister company of Standard Bank (Stanbic Bank Tanzania) to a local partner (Enterprise Growth Market Advisors – EGMA). The payment was suspected to be intended to induce Tanzanian public officials to show favour to Stanbic Bank Tanzania and Standard Bank’s proposal for a USD 600 million private placement to be carried out on behalf of the Government.\n\nThe PCCB investigation in 2016 led to the arrest of former Tanzania Revenue Authority Director General, Harry Msamire Kitilya; Stanbic Bank’s former Head of Investment Banking, Shose Mori Sinare and former Chief Legal Counsel, Sioi Graham Solomon; and two Ministry of Finance officials, Bedason Anthony Shallanda and Alfred Paul Misana.\n\nBetween 2016 and August 2020, this case consumed a significant amount of time and effort of the PCCB and the NPS. During the early days, the investigation focused on material held in Tanzania. However, quickly it became clear that the material held abroad was equally essential. A combination of UK and international partners, including the International Centre for Asset Recovery (ICAR) at the Basel Institute on Governance, came together to support the PCCB and NPS. A large number of witnesses were interviewed and significant volumes of material were shared from the UK and South Africa.\n\nThis cross-border sharing of material and evidence was challenging due to their sheer volume but also cross-border legal differences. In the SFO, the PCCB and NPS found a willing partner to tackle these challenges. With the help of the UK Criminal Justice Advisor in Tanzania, the mutual legal assistance process with the UK was actioned. The PCCB also partnered with the Basel Institute to secure evidence from South Africa and to collate the significant electronic material from the UK for use during the trial.\n\nThe like-mindedness of all partners involved created a perfect environment for swift and pragmatic problem solving, testing new ideas and investigation methods, and building a closer rapport with fellow law enforcement officers and prosecutors. A series of firsts and positive results meant that the case was ready for trial in 2019. However, only part way through the hearings when the global covid-19 pandemic hit, the trial faced many adjournments during the early part of 2020. In the meantime, in September 2019, Tanzanian legislation was amended to permit plea bargain agreements.\n\nThe combination of these facts resulted in the negotiation of a plea bargain under which, on 26 August 2020, the defendants pleaded guilty to 1 out of 58 charges of occasioning economic loss to the Government, were ordered to jointly issue a payment of TZS 1.5 billion and were fined a further TZS 1 million each.   \n\n### Is this a good result?\n\nIf we focus strictly on the principal sum involved – a settlement for approximately one tenth of the sum (TSZ 12 billion) which was fraudulently obtained – it sounds like a small prize. But this needs to be seen in a wider context and in light of other positives to be drawn from the process.\n\nFirst, we must understand that the loss suffered by the Government had already been compensated by Standard Bank. Second, the defendants had already been held in custody in Tanzania for a period of over four years at the point of the plea. Third, the financial enquiries made did not identify realisable assets of any great value in relation to the defendants who were arrested.\n\nFinally, in the current court timeline, the prosecution would have needed to continue to call evidence well into the next 18 months, with the defence case to follow. Further covid-19 related delays could be expected with respect to securing witness testimony, all together causing significant costs to the Tanzanian judicial system. And we should not forget that irrespective of the confidence in the evidence leading to prosecute, a conviction is never guaranteed until the court passes its final judgement.\n\nBeyond that, from a practitioner’s perspective, another positive take-away has been the opportunity for five separate entities, from Tanzania and abroad, to come together successfully for a common goal. This multi-agency effort and learning process was key to allow the investigation to be completed, secure all necessary evidence, charge and ultimately bring the matter to trial. It is clear that the collective weight of the domestic and international evidence was a factor the defendants considered when entering a plea mid-trial. Whilst not envisaged at the start, a resolution that is agreeable to all parties, taking into account all factors, must be considered in a positive light.\n\nFinally, the result sends an important message amongst the Tanzanian and international community – stating clearly that the PCCB and the NPS are working together, and that Tanzania can count on its international partners to jointly ensure that international borders do not present a barrier to Tanzania’s fight against corruption.","2020-09-09","from-the-uks-first-deferred-prosecution-agreement-to-a-plea-bargain-in-tanzania-1846","From the UK’s first Deferred Prosecution Agreement to a plea bargain in Tanzania","https:\u002F\u002Fjam.baselgovernance.org\u002Fapi\u002Fassets\u002Fc26c32c9-a4bc-45d9-9c07-c9d93dba6514?width=1000&height=650&format=webp&quality=80",[141,142],7389,7390,[59],[89],[],1846,[65],[89],[],[],[70],[],"2022-05-26T22:54:15.000Z","2026-05-29T22:21:49.000Z",[],"\u002Fresources\u002Fnews\u002Ffrom-the-uks-first-deferred-prosecution-agreement-to-a-plea-bargain-in-tanzania-1846",{"id":158,"body":159,"status":6,"type":31,"date":160,"slug":161,"title":162,"image":163,"countries":164,"topic":165,"activity":168,"tags":170,"nid":171,"topics":172,"activities":173,"authors":174,"images":175,"websites":176,"area":8,"programme":8,"language":8,"translations":177,"translation_of":8,"user_created":46,"date_created":178,"user_updated":179,"date_updated":180,"content":181,"link":182},9681,"Representatives from nine leading Collective Action initiatives that offer local anti-corruption compliance certification gathered yesterday at a virtual roundtable. The event was part of a wider Basel Institute's project on certification initiatives funded by the [KBA-NotaSys Integrity Fund](https:\u002F\u002Fnotasys.koenig-bauer.com\u002Fen\u002Fcompany\u002Fcorporate-responsibility).\n\nThe idea is to support local certification of anti-corruption compliance programmes in particular in small and medium-sized enterprises (SMEs) that supply larger customers.\n\nWhen entering new markets and conducting due diligence on new partners and suppliers, multinational companies often have to rely on information and documentation provided by the third parties themselves. In some contexts, it is difficult to verify whether these are valid and genuine. Certification of these third parties by credible, independent and reliable local actors can help alleviate the due diligence burden – a win-win situation for all.\n\nRepresentatives from [Association de la construction du Québec](https:\u002F\u002Fwww.acq.org\u002Fentrepreneurs\u002Fservices-aux-membres\u002Fprogramme-integrite\u002F), [Ukrainian Network of Integrity and Compliance](https:\u002F\u002Funic.org.ua\u002Fen\u002F) (UNIC), the [Clear Wave](https:\u002F\u002Fbaltojibanga.lt\u002F) social label in Lithuania, the [Thai CAC](https:\u002F\u002Fwww.thai-cac.com\u002Fen\u002F), the [Turkish Ethics and Reputation Society](https:\u002F\u002Fwww.teid.org\u002F) (TEID), [The Ethics Institute](https:\u002F\u002Fwww.tei.org.za\u002F) in South Africa, [Eurocham Ivory Coast](https:\u002F\u002Fwww.eurochamci.com\u002Ffr\u002Faccueil), the [Russian Business Ethics Network](https:\u002F\u002Frben.ru\u002F) (RBEN) and [Russian Compliance Alliance](https:\u002F\u002Fwww.compliancealliance.ru\u002Fhomepageenglish.html) participated. Some initiatives deal with companies' compliance programmes, while others offer accreditation or certification for individual managers and compliance officers. \n\nOver two hours, they shared valuable experiences and best practices around:\n\n*   Funding and governance structures\n*   How stakeholders see the benefits of certification\n*   The scope of the initiatives and on what standards they are based\n*   How the certification process works\n*   Support for fixing gaps in compliance\n*   Timelines and costs\n\nA previous [private-sector roundtable](https:\u002F\u002Fbaselgovernance.org\u002Fnews\u002Fanti-corruption-certification-ease-due-diligence-zurich-roundtable-19-november) in November 2019 gathered compliance officers of multinational companies and internationally operating mid-sized companies, as well as other professionals involved in corruption risk assessments and due diligence.\n\nInsights from both of these peer learning events and from our wider research will be published shortly in an online resource on certification for compliance and anti-corruption on the [B20 Collective Action Hub](https:\u002F\u002Fbaselgovernance.org\u002Fb20-collective-action-hub).","2020-09-10","sharing-experiences-on-certification-for-anti-corruption-compliance-1848","Sharing experiences on certification for anti-corruption compliance","https:\u002F\u002Fjam.baselgovernance.org\u002Fapi\u002Fassets\u002F0fe38b8a-483d-427c-85cd-d808f8a48173?width=1000&height=650&format=webp&quality=80",[],[166,167],"Collective Action","Private Sector",[169],"Events",[],1848,[166,167],[169],[],[],[70,166],[],"2022-05-26T22:54:14.000Z","b0662e2a-864d-4888-a1b7-4342b7570b30","2025-08-31T23:14:40.000Z",[],"\u002Fresources\u002Fnews\u002Fsharing-experiences-on-certification-for-anti-corruption-compliance-1848",{"id":184,"body":185,"status":6,"type":10,"date":186,"slug":187,"title":188,"image":189,"countries":190,"topic":192,"activity":193,"tags":196,"nid":197,"topics":198,"activities":199,"authors":200,"images":202,"websites":203,"area":8,"programme":8,"language":8,"translations":204,"translation_of":8,"user_created":46,"date_created":205,"user_updated":73,"date_updated":206,"content":207,"link":208},10357,"_A Q&A with Mary Muthoni, who led a novel court monitoring project of our International Centre for Asset Recovery (ICAR) in Kenya during 2022._ _The aim was to identify reasons for delays in major corruption trials, as a basis for developing reforms to streamline and speed up the court process. The Court Users Committee has been highly receptive to the findings, which the team presented in March 2023._\n\n### Why monitor corruption cases in court – in Kenya or elsewhere?\n\nCorruption is a crime with a huge negative impact on society. Those who abuse public office and steal public funds should feel the full force of the justice system. Yet all too often, the adjudication processes drag on for years.\n\nCourt monitoring can be a powerful tool to stimulate improvements in the justice system and help bring an end to impunity for the corrupt.\n\nCourt monitoring for corruption cases can identify systemic challenges in adjudicating such cases and provide targeted recommendations to address them. In the longer term, court monitoring can also be the basis for bringing stakeholders together to jointly develop important legislative and procedural reforms.\n\n### How did you approach the court monitoring project?\n\nThe purpose of a court monitoring activity depends on the specific issue one wants to address. In this instance, our objective was to understand what causes delays in adjudicating corruption cases.\n\nOpen-source materials already indicated challenges in concluding corruption cases. But there was no specific data to back this up. When designing our project, we took into account realities on the ground that could lead to these delays, like IT hitches and inadequate case or diary management procedures. Some cases are also just really complex, involving multiple proceedings both at the lower court and high court.\n\nWith limited resources and time, we sampled a variety of cases based on points like the amount of funds involved, the number of accused persons and their profiles, the specific charges and the use of plea bargaining. To measure delays, we looked not only at adjournments but also at the length of time needed for different phases of a case, the number of witnesses and the number of accused individuals.\n\nWe also kept in mind the Judiciary’s performance indicators, policies and frameworks, so that our final recommendations would fit those frameworks.\n\n### What role did the multi-stakeholder Court Users Committee play?\n\nMembers of the Court Users Committee were our main stakeholders in this activity. The Court Users Committee is a forum to improve stakeholder engagement and promote effective and coordinated justice sector partnerships. Similar models exist in other jurisdictions including the UK, Uganda and Somalia.\n\nIn the Kenyan context, the anti-corruption Court Users Committee brings different actors together to share concerns, best practices, activities and actions required for a smoother adjudication process for corruption cases. Among others, the Committee includes representatives from the Anti-Corruption Courts, the Office of the Director of Public Prosecutions, the Ethics and Anti-Corruption Commission and the Law Society of Kenya.\n\nThe Court Users Committee members were highly receptive of our findings. The report has given them a solid basis to discuss their concerns about delays in corruption cases in depth and try to implement recommendations that are within their powers.\n\n### What kind of data and statistics did you seek to capture, and how?\n\nAs I explained in my [quick guide to court monitoring](https:\u002F\u002Fbaselgovernance.org\u002Fpublications\u002Fquick-guide-27-court-monitoring), before capturing data you need to be clear about what your objective is and what type of court monitoring you are doing.\n\nIn our case, looking at delays meant looking at what factors play a role in promoting these delays.\n\n*   Some factors can be inferred from open-access reports published by the Judiciary or other government institutions.\n*   Case files indicate the number of times a case did not proceed, alongside variables like the type of documentation filed and whether it is relevant to the case or not. These variables are harder to quantify but are important to record as they contribute significantly to delays.\n*   Attending court proceedings provides valuable additional insights that you can’t get from paperwork.\n\n### What best practices and recommendations did the court monitoring highlight?\n\nAmong the best practices we noted was the Judiciary providing directions on how the case will progress. For example, the court may provide timelines for serving documents, or directions on whether an application will be heard orally or through written submissions. We also highlighted the use of sanctions in cases where a litigant continuously delays the process, and prompt rulings on each objection raised.\n\nOur recommendations included a significant focus on case management – especially on the type of documentation and witnesses, and more generally the discovery and pre-trial processes. For example, we encourage dealing swiftly with matters on which parties agree in order to focus more efficiently on contentious (disputed) issues.\n\nBetter coordination with the judiciary’s planning department could reduce the number of vacated trials and therefore overall timelines.\n\nThe court monitoring also provided evidence to support investments in technology and in training for younger lawyers, to reduce the number of ineffective trials.\n\n### The bottom line?\n\nCourt delays cost time and money, and can give the impression that justice is not being done. Kenya has the foundations in place for an efficient adjudication process of corruption cases and many dedicated prosecutors, judges and court staff.\n\nEfficient coordination among the relevant agencies and the Bar will be crucial in applying the recommendations to reduce unnecessary delays. Ideally, this will be a process of continuous improvement – monitoring the effectiveness of measures and finding new opportunities to speed up the process and bring the corrupt more quickly to justice.\n\n### Learn more\n\n*   Read Mary Muthoni’s [quick guide to court monitoring](https:\u002F\u002Fbaselgovernance.org\u002Fpublications\u002Fquick-guide-27-court-monitoring).\n*   The court monitoring project was funded by the UK Foreign, Commonwealth and Development Office (FCDO) as part of a long-running programme of support to Kenya’s anti-corruption efforts. The UK is also core donor to the [International Centre for Asset Recovery.](https:\u002F\u002Fbaselgovernance.org\u002Fasset-recovery)","2023-03-31","qampa-monitoring-corruption-cases-in-kenyan-courts-2426","Q&A: Monitoring corruption cases in Kenyan courts","https:\u002F\u002Fjam.baselgovernance.org\u002Fapi\u002Fassets\u002F3fba3403-1a80-477a-9b11-be30a72e21ca?width=1000&height=650&format=webp&quality=80",[191],6924,[59],[194,195],"Research","Reports",[],2426,[65],[194,195],[201],998,[],[70],[],"2023-03-31T16:01:28.000Z","2026-05-29T22:22:25.000Z",[],"\u002Fresources\u002Fnews\u002Fqampa-monitoring-corruption-cases-in-kenyan-courts-2426",{"left":210,"top":210,"width":211,"height":211,"rotate":210,"vFlip":212,"hFlip":212,"body":213},0,20,false,"\u003Cpath fill=\"currentColor\" fill-rule=\"evenodd\" d=\"M17 10a.75.75 0 0 1-.75.75H5.612l4.158 3.96a.75.75 0 1 1-1.04 1.08l-5.5-5.25a.75.75 0 0 1 0-1.08l5.5-5.25a.75.75 0 1 1 1.04 1.08L5.612 9.25H16.25A.75.75 0 0 1 17 10\" clip-rule=\"evenodd\"\u002F>",1780676521573]