Incorporating Principles of Corporate Governance in the Management of State Corporations in Kenya: a Critique of the ‘mwongozo’ Code of Governance for State Corporations
Abstract
Mwongozo, the Code of Governance for State Corporations is the policy document by the government of Kenya that seeks to incorporate the principles of corporate governance in the management and governance of State Corporations in Kenya. It is an integral part of the reform recommendations developed by the Presidential Task Force on Parastatal Reforms. It aims to entrench principles and values of public service and best practices in the management of state corporations. The code has been issued as Executive Order number 7. However, the litmus test for Mwongozo is whether it will endure the challenges that have bedeviled the management and governance of public entities world over. The Code when passed through the various legal tests falls short of the mandatory constitutional dictate of public participation, contradicts provisions of statute and does not address the central concerns that have bedeviled SCs since independence. The code does not also fit in the social and economic environment. As a public policy document, Mwongozo can only succeed if it is enacted as a binding legal norm, addresses the specific challenges of our economy and if other laws such as the State Corporations Act Cap 466 are aligned to the provisions of the Constitution, specifically Article 10 and 232.
Publisher
University of Nairobi
Rights
Attribution-NonCommercial-NoDerivs 3.0 United StatesUsage Rights
http://creativecommons.org/licenses/by-nc-nd/3.0/us/Collections
The following license files are associated with this item:
Except where otherwise noted, this item's license is described as Attribution-NonCommercial-NoDerivs 3.0 United States
Related items
Showing items related by title, author, creator and subject.
-
Tackling the problem of corporate fraud in the kenyan corporations through the lens of corporate governance
Mutonyi, Mike; Mutonyi, Mike (University of Nairobi, 2019)The thesis examines the issue of corporate fraud in the kenyan public and private firms. The thesis notes that the country has been grappling with a series of corporate frauds that has led to many firms to fail such as ... -
Corporate governance in Kenya' s state corporations: A critique on the appointment and dismissal of directors of boards of state corporations
Kamau, A G N (University Of Nairobi, 2013-12)This study interrogates corporate governance practices within Kenya’s State Corporations with particular reference to the appointment and dismissal of directors of the Boards of these corporations. It recognizes that ... -
Tackling the Problem of Corporate Fraud in the Kenyan Corporations Through the Lens of Corporate Governance
Mutonyi, Mike (University of Nairobi, 2019)The thesis examines the issue of corporate fraud in the Kenyan public and private firms. The thesis notes that the country has been grappling with a series of corporate frauds that has led to many firms to fail such as ...