scholarly journals ANALYSIS OF THE VIABILITY OF LIFESTYLE AUDIT AS AN ANTI-CORRUPTION TOOL IN KENYA

2021 ◽  
Vol 1 (2) ◽  
pp. 19-31
Author(s):  
Olayo Ochieng ◽  
Lewis Kamau

Purpose: The main objective of this paper was to assess whether lifestyle audit as an anti-corruption tool is viable. Methodology: The study was based on a desk review of existing studies and documented statistics. Further, legal framework and case laws were cited. A narrative analysis was performed and at this point the information was interpreted by comparing the results with the results of other empirical studies. This information was interpreted using the “stories in the stories” and linked to the existing literature. Results: The study found that lifestyle audit is a viable tool for fighting corruption. However, there are challenges in the legal framework, particularly on the implementation. The study noted that the viability of lifestyle audits depends on judicial interpretation, political will and more importantly addressing of the current software and hardware issues existing in the current legal framework. Recommendation: The study calls for political will to ensure the Lifestyle Audit Bill 2019 is not watered down by judicial interpretation. It further recommends that the political will should be accompanied by executive action to fight corruption through wealth declaration.

2016 ◽  
Vol 9 (2) ◽  
pp. 206
Author(s):  
Hillo Abdelatti ◽  
Yasin Elhadary ◽  
Narimah Samat

Sudan and Malaysia have shown some socio-economic similarities especially when it comes to the issue of addressing poverty. After independence, almost half of the entire population of both countries were living under poverty line. The successive national governments in both countries have embarked on eliminating the extreme poverty. The aim of this paper is to highlight the policies and programmes adopted and implemented by policymakers in both countries in addressing poverty. The overall objective is to uncover the secret of the success and constraints faced both countries in addressing poverty. To achieve such objective, the paper based mainly on a desk review of recent documents and review of some recent researches' result. The paper has come out with that the similarities between both countries manifested itself in that both are classified as Muslim countries, have an agricultural background, inherited the same legacy as been colonized by British, their communities consist of various ethnic groups and minorities with sharp spatial and ethnic inequalities in income and social class. Despite these, Malaysia has succeeded in reducing poverty from over fifty 52.4% in 1970 to around one per cent 1.2 % in 2015, while less progress has been made in side of Sudan. Moreover, unlike Sudan, Malaysia has managed to achieve the MDGs goals in halving a head before the time determined, while Sudan has long way and it seems impossible to fulfil such objective even after 2015. Our findings have shown that, formulated home-grown policies, rejecting imposed policies by international institutions (World Bank), availability and accessibility of up to date poverty data, ability to implement policies and above all the political will are the main drivers behind the secret of success in the side of Malaysia and vice versa for Sudan. Sudan like other countries has to follow the Malaysia model if the decision makers are serious in eliminating poverty. This paper may contribute to the on-going discussion on poverty and open rooms for more comparative study between nations. Comparative study will help the planners in formulating rational policy, benefitting from exchanging ideas and learning from each.


2006 ◽  
Vol 55 (3) ◽  
pp. 511-526 ◽  
Author(s):  

AbstractIn July 2001, a few years after my first encounter with the intersection of criminal law and international law at the International Criminal Tribunals for the Former Yugoslavia (ICTY) and for Rwanda (ICTR), I asked the following question at a lecture at Melbourne University:While the political will to pursue war criminals was first lacking, is there, as some seem to fear, a danger that it will become relentless? If so, what effect will that have on the integrity of the complex aspirations and methodologies of criminal law as an instrument of social control in a democracy?After 11 September of the same year, the question acquired added acuity as I assumed that it would be not just war criminals but also international terrorists that the criminal law framework, domestic and international, would now be pursuing. I obviously was gravely mistaken in my concerns. The pursuit of terrorist suspects seems to have little to do with criminal or international law as we know it. Hence the real questions: What is it then about? Under what legal framework, if any, does it purport to operate and who is accountable to whom?


Author(s):  
أ.د.عبد الجبار احمد عبد الله

In order to codify the political and partisan activity in Iraq, after a difficult labor, the Political Parties Law No. (36) for the year 2015 started and this is positive because it is not normal for the political parties and forces in Iraq to continue without a legal framework. Article (24) / paragraph (5) of the law requires that the party and its members commit themselves to the following: (To preserve the neutrality of the public office and public institutions and not to exploit it for the gains of a party or political organization). This is considered because it is illegal to exploit State institutions for partisan purposes . It is a moral duty before the politician not to exploit the political parties or some of its members or those who try to speak on their behalf directly or indirectly to achieve partisan gains. Or personality against other personalities and parties at the expense of the university entity.


Author(s):  
Aleksey Bredikhin ◽  
Andrei Udaltsov

In the article the authors analyze the essence of propaganda as a means of implementing ideological function of the state. It is noted that propaganda is a mechanism of spreading information persuasive influence in the interpretation and estimation of state power representatives. The structure of propaganda is determined: beneficiary of propaganda, subjects of propaganda, content of propaganda, channels of realization of propaganda, addressee of propaganda, feedback system. Types of propaganda are distinguished: political, axiological, educational, preventive. The authors come to the conclusion that the basic directions and the propaganda content are established in normative acts and the programs and organizational actions accepted according to them. Along with the implementation of propaganda, the ideological function is implemented by prohibiting or restricting propaganda or other dissemination of information that endangers the foundations of the constitutional order and is otherwise aimed at destabilizing the political situation in the State, as well as prohibiting the propaganda of ideas that may harm the foundations of morality and morality. The mass media are essential in carrying out propaganda. The State widely uses this resource on an equal footing with other actors to disseminate ideas of public importance and uses the services of various communication agencies. However, the state forms a legal framework for the mass media, their rights and limitations, which still determines the special position of the state in this process.


2006 ◽  
Vol 50 (2) ◽  
pp. 145-160 ◽  
Author(s):  
JOHN HATCHARD

Transnational crime is a major problem for African states with corruption, trafficking of persons, drugs trafficking, environmental crime and the like posing a major threat to development and stability. This article examines three challenges that states must tackle in order to combat transnational crime effectively. The first is how to deal with criminals who operate outside the jurisdiction. The second concerns the investigation of crimes with a transnational element. The third challenge involves tracing and then recovering the proceeds of crime that have been moved out of the country where the crime occurred. Here the need for Western states to cooperate with those in Africa is highlighted. Drawing on examples from Lesotho and Nigeria in particular, it is argued that some progress is being made in meeting these challenges. However, the article notes that developing the political will to tackle transnational crime is fundamental to any lasting improvement.


2011 ◽  
Vol 54 (1) ◽  
pp. 25-45 ◽  
Author(s):  
J. F. MERRITT

ABSTRACTStudies of the rise of London's vestries in the period to 1640 have tended to discuss them in terms of the inexorable rise of oligarchy and state formation. This article re-examines the emergence of the vestries in several ways, moving beyond this traditional focus on oligarchy, and noting how London's vestries raised much broader issues concerning law, custom, and lay religious authority. The article reveals a notable contrast between the widespread influence and activities of London vestries and the questionable legal framework in which they operated. The political and ecclesiastical authorities – and in particular Archbishop Laud – are also shown to have had very mixed attitudes towards the legitimacy and desirability of powerful vestries. The apparently smooth and relentless spread of select vestries in the pre-war period is also shown to be illusory. The granting of vestry ‘faculties’ by the authorities ceased abruptly at the end of the 1620s, amid a series of serious legal challenges, on both local and ideological grounds, to the existence of vestries. Their rise had thus been seriously contested and stymied well before the upheavals of the 1640s, although opposition to them came from multiple sources – Laudians, Henry Spelman and the royal Commission on Fees, and local parishioners – whose objectives could vary.


2002 ◽  
Vol 23 (2) ◽  
pp. 37-55
Author(s):  
Louise I. Shelley

The murder of Valentin Tsvetkov, the governor of Magadan in central Moscow in broad day light in October 2002 highlights that organized crime and corruption are still alive and well and highly destructive of life and governance in Russia (Wines, 2002). His murder once again raises the question, “Why has Russia not been able to stop organized crime and high level corruption?” The answer is that Russia docs not have the political will at the national, regional or local level to fight these problems. This is true because the Kremlin and economic elite push their personal interests over those of the state and the society. Structural problems such as low salaries of state personnel and the embedding of organized crime and corruption make reform very difficult.


Author(s):  
Manzoor Naazer ◽  
Amna Mahmood ◽  
Shughla Ashfaq

The paper scrutinizes the political rights situation during the first five years (1999-2004) of Pervaiz Musharraf era. Musharraf had come into power after army had revolted over his dismissal as army chief by the prime minister. He strove to project soft image of his government to get legitimacy within the country and recognition from the outside world, particularly the West. He portrayed himself as a liberal leader and later also propagated his idea of “enlightened moderation” as a panacea for the miseries of the Muslim world. Despite his overtures, the political rights situation became bleak during his military rule and no meaningful change took place even during the first two years after country returned to “democratic rule.” Musharraf government denied people of their political rights to prolong his authoritarian rule. His rule was characterized by: arbitrary arrests and imprisonments of political leaders; repression of political activities; imposition of forced exile; political victimization in the name of accountability; attacks on rights to elect the government; military’s direct grip over affairs of state despite transition to the civilian rule; intimidation of opposition over legal framework order; and limitations on freedom of association.


2021 ◽  
Author(s):  
Kurdistan Saeed

This study deals with the political parties’ pluralism in Iraq under the Parties Law No. 36 of 2015. The importance of the study lies in the fact that it looks at a topic that is at the heart of democracy and it is necessary for the success of any democratic processes. The study focuses on parties’ pluralism in Iraq since the establishment of the Iraqi state in 1921 until the end of the Baath Party regime in 2003, it also covers the period after 2003 and pays particular attention to the Parties Law No. 36 of 2015. It focuses on the legal framework of political parties after the adoption of the Political Parties Law and studies the impact of this law on parties’ pluralism in Iraq after its approval in 2015. The study concludes that Law No. 36 of 2015 is incapable of regulating parties’ pluralism for reasons including: the lack of commitment by the political parties to the provisions of the law, the inability of the Parties Affairs Department to take measures against parties that violate the law the absence of a strong political opposition that enhances the role of political parties, the association of most Iraqi parties with foreign agendas belonging to neighboring countries, and the fact that the majority of Iraqi parties express ethnic or sectarian orientations at the expense of national identity.


2020 ◽  
Vol 1 (2) ◽  
pp. 23-37
Author(s):  
Benjamin Armah Quaye

Many governments across Sub Saharan Africa are in the process of introducing or improving land registration and formal titling systems. One of the stated aims is to achieve modern land information management in order to facilitate the development of the land market. It is often assumed that, because formal systems and institutions have enjoyed some positive outcomes in terms of realising wealth in developed countries, they will succeed equally well in developing economies. However, findings from empirical studies across several developing countries show that the performance of formal land registration systems has been mixed. Relying on empirical data from two major cities in Ghana, this paper examines the operations of land registration system with particular reference to its land information management aspects. The analysis shows that a divergence in the implementation of principles of the legal framework and organisational challenges are major contributory factors to deficiencies in the land information regime of the land registration system. Hence, there is a need for effective implementation of well-crafted and functional legal frameworks for land registration, to ensure that the principles and operations of land registration are locally relevant and sensitive. To address the inadequate organisational capacity there is a need to improve the capacity of the human resource base of the officials of the formal land administration sector. The procedure for land registration must also be streamlined in order to eliminate unnecessary requirements and thereby reduce the transaction time, costs of registration and frustration of clients.


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