In the context of a multi-centre research project, the Institute and its partners seek to map the manner in which informality is associated with the resilience of corruption. In this innovative project, researchers shift the focus away from analysing the implementation of formal legal frameworks, regulations and policies to concentrate on informal actions and practices that may be effectively taken into consideration where conventional anti-corruption interventions have failed.
From 24 to 28 November 2014, the United Nations Office on Drugs and Crime (UNODC), the Asset Recovery Inter-Agency Network of South Africa (ARINSA), the Government of Kenya and the International Centre for Asset Recovery (ICAR) conducted a joint Workshop for prosecutors, investigators and other relevant stakeholders on Recovering the Proceeds of Crime from Wildlife and Forest Offences and Money Laundering in Naivasha, Kenya.
The Basel Institute has been awarded two new research grants; one by the British Academy as part of its GBP 4 million global anti-corruption research scheme in partnership with the Department for International Development (DFID) in the context of DFID’s Anti-Corruption Evidence ('ACE') Research Programme; the second by DFID’s East Africa Research Fund (EARF).
On 27 January, 2016 an Anti-Corruption Court in Nairobi convicted a public officer who worked as an accountant/cashier at the Ministry of Special Programs in Kenya.
The officer was found to have embezzled funds that were allocated for specific donor funded water projects and was convicted on two counts: fraudulent acquisition of public property (count 1) and forgery (count 2) but was acquitted on a charge of abuse of office.
Today (October 31, 2016) the Nairobi based daily newspaper The Star, published an article written by Gretta Fenner, the Institute’s director, on recent and, in her view, positive developments in the fight against corruption in Kenya. The article explains how a change in tack led by management of the Ethics and Anti-Corruption Commission (EACC), and a new and vigorous focus on following the stolen cash rather than probing procedural irregularities are starting to have an impact.
Firstly there needs to be the desire, both in terms of public consensus as well as at governmental level, though some could argue these should be one and the same in an ideal world. Subsequently, the rule of law underlines the principles of a democratic government and there is no scope, in most cases, to deviate from the law, however damning the circumstances might be.
The Basel Institute on Governance welcomes the successful conclusion of a case of asset recovery involving the UK and Kenya. The assets in the amount of £2,222,957 were confiscated by Mr Recorder Andrew Mitchel QC in the case of R v Smith and Ouzman. The UK authorities decided that an amount of £349,057.39 should be used to purchase specialised ambulances that were formally handed over to the Kenyan Government on 17 March. The purchase of ambulances with the returned assets meets urgent needs in the Kenyan health care delivery system.
On 28 April, Kenya's Attorney General’s Office and the Swiss Federal Office of Justice signed a memorandum of understanding (MOU) on international mutual assistance in criminal matters in Nairobi. The MOU will facilitate the cooperation between the two countries in investigating and prosecuting international corruption and other financial crimes.
Windward Trading, a company registered in Jersey, pleaded guilty yesterday, on 24 February 2016, to four counts of money laundering at Jersey's Royal Court. A confiscation order was granted amounting to GBP 3.6 million and discussions are underway between the Government of Kenya, Jersey authorities and the Foreign and Commonwealth Office of the United Kingdom as to the repatriation of these assets.
At an event in London co-hosted by the Basel Institute on Governance and Chatham House on Monday 10 July 2017, panelists from Jersey, Kenya, Nigeria and the UK agreed that partnership, understanding each other’s systems and procedures, and informal communication between requesting and requested states is critical to successfully recover stolen public funds internationally.