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Kenya

Create public beneficial ownership register (KE0024)

Overview

At-a-Glance

Action Plan: Kenya Action Plan 2020-2022

Action Plan Cycle: 2020

Status: Active

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, Beneficial Ownership, E-Government, Open Data

IRM Review

IRM Report: Pending IRM Review

Starred: Pending IRM Review

Early Results: Pending IRM Review

Design i

Verifiable: Pending IRM Review

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


Commitments

  1. Create public beneficial ownership register

    KE0024, 2020, Access to Information

  2. Implement e-government system adopting Open Contracting Data Standard

    KE0025, 2020, Access to Information

  3. Publish open data to spur innovation in public service delivery and development

    KE0026, 2020, Access to Information

  4. Increase efforts to promote public participation in the legislative process

    KE0027, 2020, Civic Space

  5. Apply County Peer Review Mechanism to improve public service delivery

    KE0028, 2020, E-Government

  6. Implement Access to Information Act

    KE0029, 2020, Access to Information

  7. Implement legislation to increase access to justice

    KE0030, 2020, Access to Justice

  8. Build institutional support of OGP

    KE0031, 2020, Capacity Building

  9. Beneficial Ownership

    KE0018, 2018, Access to Information

  10. Open Contracting

    KE0019, 2018, Access to Information

  11. Open Geo-Spatial Data for Development

    KE0020, 2018, Access to Information

  12. Public Participation

    KE0021, 2018, Capacity Building

  13. Governance Indices

    KE0022, 2018, Capacity Building

  14. Open Government Resiliency

    KE0023, 2018, Capacity Building

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

    KE0010, 2016, Access to Information

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

    KE0011, 2016, Anti-Corruption

  17. Enhance Transparency in the Legislative Process

    KE0012, 2016, E-Government

  18. Publish Oil and Gas Contracts

    KE0013, 2016, Anti-Corruption

  19. Starred commitment Ensure Greater Transparency Around Bids and Contracts

    KE0014, 2016, Anti-Corruption

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

    KE0015, 2016, Access to Information

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

    KE0016, 2016, E-Government

  22. Starred commitment Enhance Right to Information

    KE0017, 2016, Access to Information

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

    KE0001, 2012, Media & Telecommunications

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

    KE0002, 2012, Access to Information

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

    KE0003, 2012, E-Government

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

    KE0004, 2012, E-Government

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

    KE0005, 2012, Public Participation

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

    KE0006, 2012, Access to Information

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

    KE0007, 2012, E-Government

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

    KE0008, 2012, Fiscal Openness

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

    KE0009, 2012, Access to Information

Open Government Partnership