The Faculty of Law held a public lecture on Thursday 16th March, 2017 on the” New Bribery Law: The private sector, a victim or a culprit” facilitated by Mr. Mohammed Nyaoga, Chairman Central Bank of Kenya Board of Governors.
Quoting from the set law, he said that “the principal objective of the Bribery Act 2016 is to extend the fight against corruption to the private sector by equally criminalizing bribery in the sector”.
He said that,“EACC has got a role to play in promoting sanity on bribery. It can develop standards on integrity and code of ethics to promote the Act”.
The Act provides for penalties of up to Sh5 million for anyone found giving or receiving bribes or be jailed for ten years.
In addition, Courts will have leeway to decide whether to add more penalties if “quantifiable gain” to the suspect or “quantifiable loss” to the victim is proven.
They may include fines of up to five times the gain you received by taking part in corruption, your property being confiscated or you being blacklisted from serving in any office in Kenya.
“You can have the best laws in the constitution but enforcement implementation is the key”, he said.
The forum attracted students from other faculties attracting more questions in the cases of corruption in the country. However, Mr Nyaoga advised them to consider integrity as an individual.
Already, there are laws that forbid corruption such as the Public Officer Ethics Act of 2003, the Anti-Corruption and Economic Crimes Act of 2003 and the Leadership and Integrity Act 2012.
Mr Nyaoga is also a senior partner at Mohammed Muigai Advocates.