Implementation of International Legal Frameworks Against Trans-border Corruption in East Africa: the Case of Busia- Malaba Border Points of Kenya and Uganda

Abstract

With the emergence and stabilization of the modern States in Africa, Corruption has remained the most formidable challenge to sustainable economic growth, good governance, peace, stability, and development across different Regional Economic Communities (RECs) in the continent. Indeed, the African States and by extension their borders, have been reportedly perceived as the most corrupt regions in the world. Trans-border corruption has persistently existed at border points but can be contained once States ensure strict rules, laws and a legal regime that heavily criminalizes the vice through severe punishment to perpetrators. The objective of this study was to determine how existing international legal frameworks impact trans-border Corruption between Kenya and Uganda. The researcher employed a descriptive Research Design. The researcher administered structured questionnaires and interview guides when assembling data. The researcher conducted one on one and phone call interviews specifically with the legal practitioners, Immigration officers, security officers in charge of investigations and members of the society who are in charge of dealing with trans-border Corruption either as policymakers or as policy implementers. The target population of this study was estimated to be 100 respondents; however, 50 participants were engaged as a sample. Since its a qualitative and quantitative study, content analysis was used to analyze qualitative data, while descriptive statistics were used to analyze quantitative data. The output revealed that most of the participants reported African Union Convention on Preventing and Combating Corruption was implemented through the participation of NGOs. Media was also allowed at the border in investigating cross border corruption and mutual accessibility of information between the two countries at the Busia and Malaba border points at a great extent with an aggregate mean (M = 3.91: SD = 0.7355). However, some respondents reported that the UNCATOC through Criminalization of Corruption had been done in both countries, and asset recovery being exercised upon conviction of Trans border corruption offenders was implemented at a small extent with an aggregate mean of (M = 2.42: SD = 0.8015). The findings were in collaboration with the existing literature. The coefficient of determination R2 is 0.686, indicating that the model explained 69% of the variations in trans-border corruption measures between Kenya and Uganda. It also shows that the United Nations Convention against Corruption, AUCPCC , the United Nations Convention against Transnational Organized Crime explained 69% of the trans-border corruption measures between Kenya and Uganda at the Busia Malaba border points. The study recommends that staff appraisal on international legal frameworks be encouraged regularly at all border points between Kenya and Uganda, among other neighbouring countries. This will encourage employees at the border points to be more ethical in their conduct and in the long run, help minimize trans-border corruption between the two countries.