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ANTI CORRUPTION ACT, 2009.

ARRANGEMENT OF SECTIONS.

   Section

PART I
PRELIMINARY.

   1.   Interpretation.

PART II
CORRUPTION.

   2.   Corruption.

   3.   Corrupt transactions with agents.

   4.   Corruptly procuring tenders.

   5.   Bribery of a public official.

   6.   Diversion of public resources.

   7.   Payment of compensation to aggrieved party.

   8.   Influence peddling.

   9.   Conflict of interest.

   10.   Loss of public property.

   11.   Abuse of office.

   12.   Sectarianism.

   13.   Nepotism.

   14.   Officers charged with administration of property of a special character, etc.

   15.   Unauthorised administration of oaths.

   16.   False assumption of authority.

   17.   Personating public officers.

   18.   Threat of injury to persons employed in public service.

   19.   Embezzlement.

   20.   Causing financial loss.

   21.   Fraudulent disposal of trust property.

   22.   False accounting by public officer.

   23.   Fraudulent false accounting.

   24.   False claims by officials.

   25.   False certificates by public officers.

PART III
OFFENCES AND PENALTIES.

   26.   Punishment for offences under sections 2, 3, 4, 5, 6, 7, 8, 12 and 13.

   27.   Penalty to be imposed in addition to other punishment.

   28.   Principal may recover amount of secret gift.

   29.   Acceptor of gratification to be guilty notwithstanding that purpose not carried out, etc.

   30.   Evidence of pecuniary sources or property.

   31.   Illicit enrichment.

   32.   Evidence of accomplice.

   33.   Special investigation powers of the Inspector General of Government and Director of Public Prosecutions.

   34.   Court to restrict disposal of assets or bank accounts of accused, etc.

   35.   Payment of compensation out of resources of convicted person.

PART IV
POWERS OF INSPECTOR GENERAL OF GOVERNMENT AND DIRECTOR OF PUBLIC PROSECUTIONS.

   36.   Powers of the Inspector General of Government and the Director of Public Prosecutions, to order inspection of documents.

   37.   Orders of search and seizure.

   38.   Obligation to give information.

   39.   Obstruction of search, etc.

   40.   Obstruction of investigations.

   41.   Director of Public Prosecutions and Inspector General of Government's powers to obtain information.

   42.   Evidence and defence of custom.

   43.   Duty to arrest.

   44.   Protection of informers.

   45.   Penalty for giving false information.

   46.   Disqualification.

   47.   Protection of persons acting in pursuance of the Act.

   48.   Invalidity of appointment as bar to prosecution.

   49.   Prosecution of offences.

   50.   Appointment of special investigators.

PART V
JURISDICTION.

   51.   Jurisdiction to try offences.

   52.   Punishment for attempts, preparations, abetments and criminal conspiracies.

PART VI
RESTRAINING ORDER.

   53.   Application for restraining order.

   54.   Contents of application for restraining order.

   55.   Issue of a restraining order.

   56.   Contents of a restraining order.

   57.   Notice of application for restraining order.

   58.   Service of restraining order.

   59.   Registration of restraining order.

   60.   Setting aside disposition.

   61.   Duration of restraining order.

   62.   Review of restraining order.

PART VII
CONFISCATION ORDER.

   63.   Confiscation order.

   64.   Confiscation notice.

   65.   Procedure of confiscation order in relation to property where person dies or absconds.

   66.   Voidable transfers.

PART VIII
MISCELLANEOUS.

   67.   Minister's power to amend Schedule.

   68.   Repeal of Cap. 121.

   69.   Consequential amendment of Cap. 120.

   70.   Consequential amendment of Act No. 17 of 2002.

      Schedule   Currency point.

ANTI CORRUPTION ACT, 2009.

Commencement: 25 August, 2009.

   An Act to provide for the effectual prevention of corruption in both the public and the private sector, to repeal and replace the Prevention of Corruption Act, to consequentially amend the Penal Code Act, the Leadership Code Act and to provide for other related matters.

PART I
PRELIMINARY.

1.   Interpretation.

   In this Act, unless the context otherwise requires—

   "agent" means a person employed by or acting for another, and includes a trustee, an administrator and executor, and a person employed in the public service or under a corporation or a public body, and for the purposes of section 5 includes a subcontractor and a person who is employed by or acting for the subcontractor;

   "authorised officer" means a police officer not below the rank of Assistant Inspector of Police authorised in writing by the Inspector General of Police or an inspectorate officer authorised in writing by the Inspector General of Government or a State Attorney authorised in writing by the Director of Public Prosecutions;

   "confiscation" includes forfeiture and where applicable, means the permanent deprivation of property by order of court;

   "confiscation order" means a confiscation order referred to in section 63;

   "corruptly" means purposely doing an act, which tends to corrupt, or influence a person to do an act or omission contrary to established procedures;

   "currency point" has the value specified in the Schedule to this Act;

   "gratification" includes—

   (a)   money or any gift, loan, fee, reward, commission, valuable security or other property or interest in property of any description, whether movable or immovable;

   (b)   any office, employment or contract;

   (c)   any payment, release, discharge or liquidation of any loan, obligation or other liability, whether in whole or in part;

   (d)   any other service, favour, or advantage of any description, including protection from any penalty or disability incurred or apprehended or from any action or proceedings of a disciplinary or penal nature, whether or not already instituted, and includes the exercise or the forbearance from the exercise of any right or any official power or duty; and

   (e)   any offer, undertaking or promise of any gratification within the meaning of subparagraphs (a), (b), (c) and (d);

   "inspectorate officer" means an officer of the Inspectorate of Government designated as an inspectorate officer;

   "property" includes money or any other movable or immovable, corporeal thing and includes any rights, privileges, claims, securities and any interest therein and all proceeds thereof;

   "principal" includes an employer, a beneficiary under a trust, and a trust estate as though it were a person and any person beneficially interested in the estate of a deceased person as though the estate were a person and in the case of a person employed in the public service or a public body, includes the Government or the public body, as the case may be;

   "public body" includes—

   (a)   the Government, any department, services or undertaking of the Government;

   (b)   the East African Community, its institutions and corporations;

   (c)   the Cabinet, Parliament, any court;

   (d)   district administration, a district council and any committee of a district council, local council and any committee of any such council;

   (e)   any corporation, committee, board, commission or similar body whether corporate or incorporate established by an Act of Parliament for the purposes of any written law relating to the public health or public undertakings of public utility, education or for promotion of sports, literature, science, arts or any other purpose for the benefit of the public or any section of the public to administer funds or property belonging to or granted by the Government or the East African Community, its institutions or its corporations or money raised by public subscription, rates, taxes, cess or charges in pursuance of any written law;

   (f)   a political party, a trade union, a society registered under the Cooperative Societies Act and any council, board, committee or society established by an Act of Parliament for the benefit, regulation and control of any profession and nongovernmental organisations;

   "special investigator" means a person appointed under section 50;

   "tainted property" means property used in connection with the commission of an offence under this Act or property constituting the proceeds of an offence.

PART II
CORRUPTION.

2.   Corruption.

   A person commits the offence of corruption if he or she does any of the following acts—

   (a)   the solicitation or acceptance, directly or indirectly, by a public official, of any goods of monetary value, or benefits, such as a gift, favour, promise, advantage or any other form of gratification for himself or herself or for another person or entity, in exchange for any act or omission in the performance of his or her public functions;

   (b)   the offering or granting, directly or indirectly, to a public official, of any goods of monetary value, or other benefit, such as a gift, favour, promise or advantage or any other form of gratification for himself or herself or for another person or entity, in exchange for any act or omission in the performance of his or her public functions;

   (c)   the diversion or use by a public official, for purposes unrelated to those for which they were intended, for his or her own benefit or that of a third party, of any movable or immovable property, monies or securities belonging to the State, to an independent agency, or to an individual, which that official has received by virtue of his or her position for purposes of administration, custody or for other reasons;

   (d)   the offering or giving, promising, solicitation or acceptance, directly or indirectly, of any undue advantage to or by any person who directs or works for, in any capacity, a private sector entity, for himself or herself or for any other person, for him or her to act, or refrain from acting, in breach of his or her duties;

   (e)   the offering, giving, solicitation or acceptance directly or indirectly, or promising of any undue advantage to or by any person who asserts or confirms that he or she is able to exert any improper influence over the decision making of any person performing functions in the public or private sector in consideration of the undue advantage, whether the undue advantage is for himself or herself or for any other person, as well as the request, receipt or the acceptance of the offer or the promise of the advantage, in consideration of that influence, whether or not the supposed influence leads to the intended result;

   (f)   the fraudulent acquisition, use or concealment of property derived from any of the acts referred to in this section;

   (g)   the participation as a principal, co-principal, agent, instigator, accomplice or accessory after the fact, or in any other manner in the commission or attempted commission of, or in any collaboration or conspiracy to commit, any of the acts referred to in this section;

   (h)   any act or omission in the discharge of his or her duties by a public official for the purpose of illicitly obtaining benefits for himself or herself or for a third party; or

   (i)   neglect of duty.

3.   Corrupt transactions with agents.

   If—

   (a)   an agent corruptly accepts or obtains, or agrees to accept or attempts to obtain, from any person, for himself or herself or for any other person, any gratification as an inducement or reward for doing or forbearing to do, or for having done or forborne to do, any act in relation to his or her principal's affairs or business, or for showing or forbearing to show favour or disfavour to any person in relation to his or her principal's affairs or business;

   (b)   a person corruptly gives or agrees to give or offers any gratification to any agent as an inducement or reward for doing or forbearing to do, or for having done or forborne to do any act in relation to his or her principal's affairs or business, or for showing or forbearing to show favour or disfavour to any person in relation to his or her principal's affairs or business;

   (c)   a person knowingly gives to an agent, or if an agent knowingly uses, with intent to deceive his or her principal, any receipt, account or other document in respect of the principal's affairs or business which contains any statement which is false or erroneous or defective in any material particular, and which to his or her knowledge is intended to mislead the principal;

   (d)   an agent who corruptly gives or agrees to give or offers any gratification to any person as an inducement or reward for doing or omitting to do or for having done or omitted to do any act in relation to the business or affairs of his or her employer or for showing favour or disfavour to any person in relation to the business or affairs of his or her principal; or

   (e)   a person who corruptly accepts or obtains, or agrees to accept or attempts to obtain, from any agent for himself or herself or for any other person, any gratification as an inducement or reward for doing or omitting to do or, for having done or omitted to do any act in relation to the business or affairs of his or her principal or for showing favour or disfavour to any person in relation to the business or affairs of his or her principal,

commits an offence.

4.   Corruptly procuring tenders.

   (1) A person—

   (a)   who, with intent to obtain from any public body a contract for performing any work, providing any service, doing anything or supplying any article, material or substance, offers any gratification to any person who has made a tender for the contract, as an inducement or a reward for his or her withdrawing the tender; or

   (b)   who solicits or accepts any gratification as an inducement or reward for his or her withdrawing a tender made by him or her for such contract,

commits an offence.

   (2) A public official, who provides any information relating to a tender for—

   (a)   performing any works;

   (b)   providing any service; or

   (c)   supplying any article, material or substance,

to enable a person obtain the tender from a public body, to the prejudice of another person interested in the tender, commits an offence.

5.   Bribery of a public official.

   A person who—

   (a)   directly or indirectly by himself or herself or through any other person offers, confers, gives or agrees to offer any gratification to any member of a public body an inducement or reward so that the member—

      (i)   votes or abstains from voting at any meeting of that public body in favour of or against any measure, resolution or question submitted to that public body;

      (ii)   performs, or abstains from performing his or her duty in procuring, expediting, delaying, hindering or preventing the performance of any official act; or

      (iii)   aids in procuring or preventing the passing of any vote or the granting of any contract or advantage in favour of any person; or

   (b)   being a member as is referred to in paragraph (a) directly or indirectly solicits or accepts any gratification for himself or herself or for any other person, by himself or herself, or through any other person, as an inducement or reward for any act or abstaining from performing any act, referred to in subparagraphs (i), (ii) and (iii) of paragraph (a);

commits an offence.

6.   Diversion of public resources.

   A person who converts, transfers or disposes of public funds for purposes unrelated to that for which the resources were intended, for his or her own benefit or for the benefit of a third party, commits an offence.

7.   Payment of compensation to aggrieved party.

   (1) Where a person is convicted of an offence under section 6, the court, shall, in addition to the punishment imposed under section 26, order that person to pay by way of compensation to the aggrieved party, such sum as in the opinion of the court is just, having regard to the loss suffered by the aggrieved party.

   (2) An order made under subsection (1) shall be deemed to be a decree under section 25 of the Civil Procedure Act and shall be executed in the manner provided under section 38 of the Civil Procedure Act.

8.   Influence peddling.

   A person who does or, omits to do an act in contravention of established principles or procedure as a result of improper influence, for his or her own benefit or for the benefit of a third party commits an offence.

9.   Conflict of interest.

   (1) An employee, or a member of a public body, public company or public undertaking who, in the course of his or her official duties, deals with a matter in which he or she or his or her immediate family has a direct or indirect interest or is in a position to influence the matter directly or indirectly and he or she knowingly, fails to disclose the nature of that interest and votes or participates in the proceedings of that body, company or undertaking, commits an offence and is liable on conviction to a term of imprisonment not exceeding 12 years or a fine not exceeding 5,000 currency points or both.

   (2) Conflict of interest shall arise where the person referred to in subsection (1)—

   (a)   deals with a matter in which he or she has personal interest and where he or she is in a position to influence the matter directly or indirectly, in the course of his or her official duties;

   (b)   holds a position with or gives services to a person or a private body which is or are in conflict with his or her official duties;

   (c)   participates in the deliberations of a public body, board, council, commission or committee, of which he or she is a member at any meeting at which any matter in which he or she has personal interest is to be discussed; or

   (d)   attends a meeting of a public body, board, council, commission or committee and fails or neglects to disclose the nature and extent of his or her personal interest.

   (3) "personal interest" in this section includes the personal interest of a spouse, child, dependant, agent, or business associate of which the person has knowledge or would have had knowledge if he or she has exercised due diligence having regard to all the circumstances.

10.   Loss of public property.

   (1) Where loss of public property results fro

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