Granting of Amnesty in Corruption Cases: Whether it Will Reduce the Rate of Corruption in Kenya.

TABLE OF CONTENTS

DECLARATION

APPROVAL SHEET I

DEDICATION

ACKNOWLEDGEMENT iv

TABLE OF CONTENTS v

CHAPTER ONE 1

1.0 Introduction 1

1.2 Backgrounds to the problems 1

1.4 Issues arising from the statement of the problem 4

1.5 Hypothesis 5

1.6 Theoretical framework 5

1.7 Scope and the limitation of the study 5

1.8 Justification of the study 6

1.9 Literature review 6

1.10 Objectives and purpose of the study 6

1.11 Research Methodology 6

1.12 Chapter Breakdown 7

Chapter one: Introduction 7

Chapter two: International practice on amnesty 7

Chapter three: Amnesty legal basis in Kenya 7

Chapter four: Conclusion and Recommendations 8

CHAPTER TWO

2.1 INTRODUCTION g

2.2 DEFINATION OF CORRUPTION 9

V

2.3 HISTORICAL LEGAL AND INSTITUTIONAL FRAMEWORK ESTABLISHED TO FIGHT AND PREVENT CORRUPTION 10

2.3.1. The Prevention of Corruption Act. This piece of legislation 10

2.3.2 The Kenya Anti-Corruption Authority, (KACA) 11

2.3.3 The Penal Code (CAP 63) 11

2.3.4 The Anti-Corruption Court 12

2.4. TYPES OF CORRUPTION 12

SOUTH AFRICA 13

2.6. EFFECTS OF CORRUPTION 16

2.6.1 Positive Effects of Corruption 16

2.6.2 Negative Effects of Corruption. t 16

2,8 THE CURRENT LEGAL AND INSTITUTIONAL MECHANISMS OF COMBATING CORRUPTION: SUCCESS AND CHALLENGES 20

2.8 THE INSTITUTIONS t 21

CHAPTER THREE 26

3.2 The Current Legal Framework for Granting Amnesty in Kenya 26

3.3 Conditions Precedent to Granting of Amnesty 27

3.4 Advantages/Benefits of Granting Amnesty as a Mechanism of Combating Corruption in Kenya 29

3.5 Disadvantages of and Philosophical Issues Surrounding Amnesty in Kenya 30

Endnotes 34

CHAPTER FOUR 39

CONCLUSION 39

vi

CHAPTER ONE

1.0   Introduction

. The chapter presents the background, problem statement, purpose, specific objectives ,research Questions, corresponding hypothesis, scope and significance of the study. Amnesty means Oblivion, is a legistrative or executive act by which a state restores those who may have been guilty of an offence against it to the position of an innocent persons. It includes more than pardon, in as much as it obliterates all legal remembrance of the offence.