BRIBERY: FOREIGN PUBLIC OFFICIALS IN KENYA BEWARE! (Nairobi)

The bribery Act, Protected content became law set out the various acts of bribery, the penalties and the requirement for both public and private entities to come up with an Anti-bribery policy, failure to which a penalty shall be meted out. It is now criminal to give or receive a bribe; both the giver and receiver are punishable by law
various forms of bribery and the Targeted group. Targeted Group Forms of Bribery

a. Partnership and individual partners(Personally liable)
b. Companies (personal criminal liability to directors, secretaries, managers and employees)
c. Charitable organizations
d. Public officers in various sectors
e. Public international organizations
f. Foreign public official
To give or receive a bribe with a view of getting an “advantage” through: money, gift, loan, fee, reward, property, employment, liquidation of a loan, favor, business advantage, make a promise to do or refrain from doing something.

Part ii of the act gives a general definition of various forms of bribery and the punishment thereof; Giving a bribe : it’s a criminal offence to give a bribe if the giver offers or promises or gives a financial or other advantage with which would in itself constitute the improper performance of a relevant function or activity Receiving a bribe; It’s a criminal offence to request, agree to receive or receive a financial or other advantage with the view of performing a relevant function or activity whether by that person receiving the bribe or another person.

REQUIRMENT FOR PROCEDURES FOR THE PREVENTION OF BRIBERY
It is now a legal requirement for public and private entities to put in a place procedures appropriate to its size and scale and to the nature of its operation for the prevention of bribery and corruption. (Anti-bribery /corruption policy)
It shall be an offence for any entity to fail to put up anti bribery and anti-corruption procedure, a director or senior officer shall be personally liable to a fine for failure to come up with such policy.

PENALTIES UNDER THE ACT ENTITY REMARKS PENALTY
Private entity
1. Failure to put up in place
A guilty party shall pay a fine. (in

an Anti-bribery policy, if proved that the director or senior officer failed to act on it.
2. Failure to prevent a bribery , whether performed by the employee, agent or any person representing the company
determining the fine to be paid, court shall consider a punishment with a view of deterring similar offences by the same or other private entities

a) Any person who assist a person or private entity to give or receive a bribe
b) Where a director or senior officer of a private entity assist or gives a bribe, it will be deemed that the private entity has committed the offence
Assisting in giving or receiving a bribe include obtaining property intended for use in bribe, using, having in possession of or transferring property which was obtained as a result of or in connection with bribery, property obtained in connection with bribery , putting records of property obtained via bribery in the accounting records. Jail term of a maximum of 10 years, or a fine of 5,000,000/- maximum or both.
Liable for Mandatory fine of the benefit or loss was quantifiable.
A mandatory fine shall be calculated to be 5* (five times) the amount of benefit or loss.
- confiscation of any property acquired as a result of the bribery benefit

c) Giving a bribe
As stated earlier, if any person promises to offer, promises or gives a financial advantage to another person. Jail term of a maximum of 10 years, or a fine of 5,000,000/- maximum or both.
Liable for Mandatory fine of the benefit or loss was quantifiable.
A mandatory fine shall be calculated to be 5* (five times) the amount of benefit or loss.
Confiscation of any property acquired as a result of the bribery benefit

d) Receiving a bribe
As stated earlier, any person who request, agrees to receive or receives a financial reward or advantage with the view of doing a relevant function Jail term of a maximum of 10 years, or a fine of 5,000,000/- maximum or both.
Liable for Mandatory fine of the benefit or loss was quantifiable.
A mandatory fine shall be calculated to be 5* (five times) the amount of benefit or loss.
Confiscation of the property acquired as a result of the bribery benefit

e) State officer/Public officer
If a public officer or state officer has been found guilty of giving or receiving a bribe The person shall be barred from holding any public office.

f) Director of a company
If a director of a company has been convicted or receiving , giving or using an agent of a company to give or receive a bribe Disqualified from holding he position of a company in that company or any other company in Kenya for a period of 10 years

Partner of a firm
If the convicted person if a partner of a firm Disqualified from serving as a partner in that for any other firm in Kenya for a period of 10 years.