Individuals who pay, witness, and fail to report cases of bribery to the Ethics and Anti-Corruption Commission (EACC) will now risk paying a fine of Sh5 million or 10-year jail terms if lawmakers approve the proposed antigraft Bill.
If asked for a bribe, the government will require all Kenyans to report bribery to the anti-graft agency within 24 hours under the proposed anti-corruption legislation that is before Parliament.
If section 14 of the Bribery Act which is under review is amended, “any person” and not just those holding office will be required by the law to report any suspected case of bribery to EACC.
Previously, only State and public officers — and those holding positions of responsibility within private firms — were lawfully required to make such reports to the anti-graft commission.
“Any person who is convicted of an offense under this Act, for which no penalty is expressly provided, shall be liable on conviction to a fine not exceeding Sh5 million or to imprisonment for a term not exceeding ten years, or to both,” according to penalties outlined in the Bribery Act, 2016.
This means every Kenyan who witnesses a case of bribery including the offering of ‘kitu kidogo’ to police officers will be committing an offense until and/or unless they report the crime to the EACC.
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