Kenya

Today, November 1, 2024 two lawyers came to political power in Africa. In Botswana, Duma Boko President of the Umbrella for Democratic Change which includes his Botswana National Front swept to victory putting ending the 58 year-old hold on power of the independence ruling party the Botswana Democratic Party. So sweeping was Advocate Duma Boko victory that the ruling party is trailing fourth in the polls. To his credit, President Mokgweetsi Masisi conceded defeat even before the final results were announced and promised a peaceful transfer of power. Botswana therefore joins a few African countries like Ghana where there has been a peaceful transfer of power when an incumbent party loses to an opposition party.

The African Sovereign Debt Justice Network, (AfSDJN), is a coalition of citizens, scholars, civil society actors and church groups committed to exposing the adverse impact of unsustainable levels of African sovereign debt on the lives of ordinary citizens. Convened by Afronomicslaw.org with the support of Open Society for Southern Africa, (OSISA), the AfSDJN's activities are tailored around addressing the threats that sovereign debt poses for economic development, social cohesion and human rights in Africa. It advocates for debt cancellation, rescheduling and restructuring as well as increasing the accountability and responsibility of lenders and African governments about how sovereign debt is procured, spent and repaid.

The African Sovereign Debt Justice Network, (AfSDJN), is a coalition of citizens, scholars, civil society actors and church groups committed to exposing the adverse impact of unsustainable levels of African sovereign debt on the lives of ordinary citizens. Convened by Afronomicslaw.org with the support of Open Society for Southern Africa, (OSISA), the AfSDJN's activities are tailored around addressing the threats that sovereign debt poses for economic development, social cohesion and human rights in Africa. It advocates for debt cancellation, rescheduling and restructuring as well as increasing the accountability and responsibility of lenders and African governments about how sovereign debt is procured, spent and repaid.

On April 16th, 2024, Wanjiru Gikonyo, a leading advocate of good governance and accountability together with the Afronomicslaw filed a case seeking transparency in Kenya’s debt swaps before the East African Court of Justice, (EACJ). The case seeks the Kenyan government to offer detailed information about its planned and ongoing Debt Swaps Arrangements (DSAs).

When Kenya’s history is written, June 25, 2024 will live in infamy. It will be remembered as the day that an organic GenZ peaceful protest movement against financial austerity imposed by the government of President Ruto was repressed with a violent militarized response. Abductions and disappearances of protesters, internet shutdowns, extrajudicial executions, and threats of shutting down TV Stations signal that President Ruto is ready defend his vastly unpopular and unnecessary financial austerity measures at any cost. Even more, the deployment of the Kenyan Defense Forces in response to legitimate GenZ protests is inconsistent with Article 241 (2) (c) of the 2010 Constitution of Kenya that requires prior approval of the National. The deployment of these forces will only serve to militarily install austerity and to shut down legitimate protests and public debate.

This webinar will discuss accountability in Kenya’s proposed debt swaps, with a focus on the case of In the Matter of the Treaty for the Establishment of the EAC: Eugenia Wanjiru Gikonyo v The Attorney-General of the Republic of Kenya (EACJ Debt Swaps Case). The case was recently filed at the East African Court of Justice, by Ms. Gikonyo and Afronomicslaw.

In the last decade, there have been seven major leaks of financial documents in tax havens which have exposed the international web of financial flows, mechanisms to facilitate these flows and the major role players in these activities. In each leak, questions often arise on how both legal loopholes and illicit means are used to facilitate the outflow of funds from low- and middle-income countries to tax havens by corporations, wealthy individuals, and politically exposed persons (PEPs). These leaks are often the result of whistleblower-led investigations and the release of these financial documents has become a primary resource in understanding how financial corruption works globally. The effects of these leaks have seen heads of government sacked or resigned in some cases while little to no action takes place in other countries. However, what is undeniable is the role of whistleblowers is increasingly becoming central to curbing illicit financial flows (IFFs) especially as the global digital economy and stronger privacy-enhancing technologies make the detection of IFFs harder. Within Africa, very few countries have comprehensive national laws for whistleblowers despite the majority ratifying international agreements for the protection of whistleblowers. Using Nigeria, Kenya, and South Africa as case studies, this note reviews the regulatory landscape in the countries and the extent to which current laws and practices aid or hinder whistleblowing on IFFs.

The African Sovereign Debt Justice Network, (AfSDJN), is a coalition of citizens, scholars, civil society actors and church groups committed to exposing the adverse impact of unsustainable levels of African sovereign debt on the lives of ordinary citizens. Convened by Afronomicslaw.org with the support of Open Society for Southern Africa, (OSISA), the AfSDJN's activities are tailored around addressing the threats that sovereign debt poses for economic development, social cohesion and human rights in Africa. It advocates for debt cancellation, rescheduling and restructuring as well as increasing the accountability and responsibility of lenders and African governments about how sovereign debt is procured, spent and repaid.