Thesis:

Assessing the effectiveness of asset recovery strategy in the Fight against corruption in Kenya

Kenya loses Kshs.2 billion (USD 16.6 million) per day due to corruption. According to Global Corruption Perceptions Index (CPI) released by Transparency International in year 2023, Kenya obtained a score of 32 out of 100, a score that is below the international average score of 43 meaning that Kenya remains among the most corrupt countries around the world at position 123 out of 180 countries sampled. The public officers engage in corruption to divert public resources entrusted to them for personal gain. Embezzlement of funds by public officials will remain tempting as long as the Corrupt are allowed to keep and enjoy the proceeds of their loot. To deter the corrupt, therefore, recovering the gain derived from corrupt dealings will remove the driving force for officers to engage in corruption. Since the traditional ways of fighting corruption have not been bearing fruit, the law enforcement agencies resorted to Asset recovery to eliminate the motivation factor. The general objective of the research was to assess effectiveness of Asset Recovery strategy in fight against corruption in Kenya. The research also sought to examine effect of asset identification and tracing, asset freezing, asset confiscation and asset management and disposal on the fight against corruption in Kenya. This research utilized a pragmatic approach, incorporating both qualitative and quantitative methods, and employed a descriptive design. The study focused on a population of 320 staff members from the Ethics and Anti-Corruption Commission (EACC), Asset Recovery Agency (ARA), and the Office of the Directorate of Public Prosecution (ODPP). Slovin's Formula was used to determine the sample size, leading to the selection of 177 staff members through stratified random sampling. Primary data was collected via semi-structured questionnaires, which included both closed-ended and open-ended questions, providing a mix of quantitative and qualitative data. The qualitative findings were presented in narrative form. Descriptive and inferential statistics were employed in analyzing quantitative information with the aid of Statistical Package for Social Sciences (SPSS version 25) statistical software. Descriptive statistics involved percentages, frequency distribution, measurements of central tendency (mean), and measurements of dispersion (standard deviation). Inferential data analysis was conducted employing Pearson correlation coefficient, and multiple regression analysis. The result was displayed in figures and tables like pie charts and bar charts. The study found that asset identification and tracing had a positive and significant effect on the fight against corruption in Kenya. The study also found that asset freezing had a positive and significant effect on the fight against corruption in Kenya. The study further established that asset confiscation had a positive and significant effect on the fight against corruption in Kenya. The study highlighted that effective asset management and disposal significantly contribute to combating corruption in Kenya. It is crucial for relevant agencies to invest in and enhance their capabilities for asset identification and tracing. This includes providing ongoing training and resources to ensure staff remain proficient and effective in their roles. The study found that the high effectiveness and reliability in detecting and tracing illicit assets warrant ongoing improvements and innovation in methodologies. Adopting technological advancements and data analytics tools can accelerate and refine asset tracing processes, helping authorities keep pace with the sophisticated techniques used by individuals to hide assets.