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Kenya

Beneficial Ownership (KE0018)

Overview

At-a-Glance

Action Plan: Kenya Action Plan 2018-2020

Action Plan Cycle: 2018

Status: Active

Institutions

Lead Institution: Office of the Attorney General (AG),

Support Institution(s): Other actors involved - government Ministry of ICT, ICTA Other actors involved - CSOs, private sector, working groups, Multilaterals etc INFONET Africa, Transparency International (K) and Humanistic Institute for Cooperation with Developing Countries (Hivos) East Africa.

Policy Areas

Beneficial Ownership, E-Government, Legislation & Regulation, Open Data, Private Sector

IRM Review

IRM Report: Kenya Mid-Term Report 2016- 2018

Starred: Pending IRM Review

Early Results: Pending IRM Review

Design i

Verifiable: Pending IRM Review

Relevant to OGP Values: Not Relevant

Potential Impact: Pending IRM Review

Implementation i

Completion: Pending IRM Review

Description

Commitment 1: Beneficial ownership
We will publish a central public register of company beneficial ownership
information operating in the Republic of Kenya
Objective
The proposed beneficial ownership register will bring greater transparency services in
Kenya.
Status quo
We currently collect but do not publish this information in an open and centrally
accessible and in machine readable format.
Ambition
The Companies Act, 2015 (“the Act”) has been amended by the Companies
(Amendment) Act, 2017, to promote transparency in the ownership of companies in
Kenya as committed in Kenya’s OGP NAP II. The Act now includes a definition of a
beneficial owner and requires that every company keep a register of its members which
shall include information relating to the beneficial owners of the company and must be
lodged with the Registrar of Companies within 30 days after its preparation, and within
14 days in case of amendment(s). The President in June 2018 through Executive Order
2 of 2018 further directed that all entities wishing to provide goods, works and services
across all National and County Governments must disclose Beneficial Ownership
Information online for public scrutiny.
Lead implementing Organization
Office of the Attorney General (AG),
Contact Person:
Ms Mariam Shighadi Mwakio,
Email: mwakiomariam@gmail.com
+254 721 585 443
Timeline
September 2018 to May 2020
OGP values
Access to information, Public accountability
Page 18 of 30
New or ongoing commitment
On-Going
Other actors involved - government
Ministry of ICT, ICTA
Other actors involved - CSOs, private sector, working groups, Multilaterals etc
INFONET Africa, Transparency International (K) and Humanistic Institute for
Cooperation with Developing Countries (Hivos) East Africa.
Verifiable and measurable milestones to
fulfil the commitment
New or
ongoing
Start date End date
1. Conduct a national risk assessment,
consult external stakeholders (e.g.
financial institutions, designated nonfinancial businesses or professions
(DNFPBs), Private Sector and NGOs
New October
2018
February
2019
2. Develop regulations that govern and
give effect to Beneficial Ownership
legislation
New September
2018
December
2018
3. Develop an open, accessible and
machine-readable beneficial
ownership register on BO standards
Ongoing December
2018
July
2020
4. Establish a central register of foreign
and local companies bidding on public
contracts and buying property
New January
2019
May
2020
5. Build a module on the Beneficial
Ownership Register Information of
companies and individuals convicted
of bribery and corrupt practices
New August
2019
December
2019


Kenya's Commitments

  1. Beneficial Ownership

    KE0018, 2018, Beneficial Ownership

  2. Open Contracting

    KE0019, 2018, Capacity Building

  3. Open Geo-Spatial Data for Development

    KE0020, 2018, E-Government

  4. Public Participation

    KE0021, 2018, Capacity Building

  5. Governance Indices

    KE0022, 2018, Capacity Building

  6. Open Government Resiliency

    KE0023, 2018, Capacity Building

  7. More Transparent and Participatory Development of Climate Polices at the National and Subnational Level

    KE0010, 2016, E-Government

  8. Enhancing Preventive and Punitive Mechanisms in the Fight Against Corruption and Unethical Practices

    KE0011, 2016, Anti-Corruption Institutions

  9. Enhance Transparency in the Legislative Process

    KE0012, 2016, E-Government

  10. Publish Oil and Gas Contracts

    KE0013, 2016, Extractive Industries

  11. Starred commitment Ensure Greater Transparency Around Bids and Contracts

    KE0014, 2016, Anti-Corruption Institutions

  12. Create Transparent Public Procurement Process, Public Oversight of Expenditure and Ensure Value-For-Money Towards Citizen Priorities

    KE0015, 2016, Anti-Corruption Institutions

  13. Improving Access to Government Budget Information and Creating Wider and More Inclusive Structures for Public Participation

    KE0016, 2016, E-Government

  14. Starred commitment Enhance Right to Information

    KE0017, 2016, Capacity Building

  15. Starred commitment Improving Transparency in Electoral Processes: 1.A. Definition of Electoral Boundaries and Name.

    KE0001, 2012, Media & Telecommunications

  16. Improving Transparency in Electoral Processes: 2.B. Voting Information Online

    KE0002, 2012, E-Government

  17. Promoting Public Participation: 1.B. End-To-End Service Delivery Portal

    KE0003, 2012, E-Government

  18. Promoting Public Participation: 1.D. Public Complaints Portal

    KE0004, 2012, E-Government

  19. Promoting Public Participation: 2.C. Kenya Action Plan Online

    KE0005, 2012, OGP

  20. Promoting Public Participation: 1.C. Open Data Portal

    KE0006, 2012, Education

  21. Starred commitment Improving Transparency in the Judiciary: 2.A. Public Vetting of Judges and Case Allocation System

    KE0007, 2012, E-Government

  22. Open Budgets: 3.a. Improve Kenya's OBI Index

    KE0008, 2012, Fiscal Transparency

  23. Open Budgets: 3.B. Increase Public Participation in Budgetary Processes

    KE0009, 2012, Fiscal Transparency