PROSECUTING CORRUPTION IN AFRICA: CASE STUDY OF KENYA, ZAMBIA, NIGERIA AND SOUTH AFRICA

Abstract

Corruption prosecution in Africa continues to face difficulties even though many more laws and institutions are being put in place. Although the majority of nations in Sub-Saharan Africa have enacted legislation against corruption and formed organizations aimed at tackling corruption, there have been very few prosecutions in cases of high level corruption. It therefore becomes necessary to consider the reasons why corruption prosecution remains difficult and what could make the process more effective. In this paper, I will look at some of the underlying issues behind ineffective corruption prosecution. Using a qualitative analytical approach involving the review of key sources and comparative case analysis, I will assess the issues and factors involved in corruption prosecution in Africa, paying particular attention to corruption prosecution involving politically exposed persons. It emerges from the analysis that the biggest problem in corruption prosecution is not the lack of laws or organizations aimed at tackling the problem but the political and institutional environment within which corruption prosecution takes place. Political and institutional challenges like interference in judicial processes and fragmentation affect the effectiveness of corruption prosecution. Other factors that contribute to this include complex and lengthy procedures associated with the corruption process as well as evidence gathering problems. The analysis reveals that corruption prosecutions are not only limited but also selective in nature. There is also keen look into suggestions a robust conceptual model framework to make sense of these dynamics. Reform strategies including transparency measures, forensic auditing, and information systems provide a possible way of improving the situation. However, their effectiveness largely depends first and foremost on political good will and secondly on whether there is alignment among different organizations involved in the process. Future research needs to develop an integrated framework to analyze the issue of corruption prosecution in Africa.