Overview

At-a-Glance

Action Plan: Kenya Action Plan 2020-2022

Action Plan Cycle: 2020

Status:

Institutions

Lead Institution: Office of the Attorney GeneralBusiness Registration Services

Support Institution(s): Other actors involved - Government PPRA, National Treasury, Financial reporting Center, Ethics and Anti- Corruption Commission Other actors involved - CSOs, private sector, working groups, multilaterals etc. HIVOS, National Taxpayers Association (NTA), Kenya Civil Society Platform for Oil and Gas (KCSPOG), Kenya Private Sector Alliance (KEPSA)

Policy Areas

Access to Information, Anti Corruption and Integrity, Beneficial Ownership, E-Government, Open Data

IRM Review

IRM Report: Kenya Action Plan Review 2020-2022

Starred: Pending IRM Review

Early Results: Pending IRM Review

Design i

Verifiable: Yes

Relevant to OGP Values: Pending IRM Review

Potential Impact: Pending IRM Review

Implementation i

Completion: Pending IRM Review

Description

Reported increase of cases of loss of public funds through fraud, embezzlement and procurement malpractice through companies whose real owners remain shadowy or unknown. Investigations often reveal the directors involved in the vice. There is however, always open inquiries as to whether the known directors are indeed the ultimate, true owners of the companies based on their profiles and the nature and extent of their involvement.

Objective Publish a central public register of company beneficial ownership information operating in the Republic of Kenya.

Status quo As of October 2020, the BRS is actively collecting data on beneficial owners of companies registered in Kenya. This information is currently available to competent authorities.

Ambition 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. This commitment seeks to progress to an accessible register that supports among others, a wider anti-corruption architecture including public procurement and other contracting spheres and anti-money laundering

No. Verifiable and measurable milestones to fulfill the commitment Status of milestone Start Date: End Date: 1.Make public information on foreign and local company buying property Ongoing February 2021 June 2022 2.Build a module on the Beneficial Ownership Register Information of companies and individuals convicted of bribery and corrupt practices Ongoing June 2021 June 2022 3.Build a module on the Beneficial Ownership Register Information of debarred companies under the Public Procurement and Asset Disposal Act (PPAD) 2015 Ongoing June 2021 December 2022 4.Apply the Beneficial Ownership (BO) data standard to the existing BO register Ongoing December 2021 June 2022

IRM Midterm Status Summary

Action Plan Review

Commitment 1. Beneficial Ownership

● Verifiable: Yes

● Does it have an open government lens? Yes

● Potential for results: Modest

Create public beneficial ownership register (KE0024)