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CORRUPTION IN KENYA DURING THE COVID-19 PANDEMIC AND THE RIGHT TO HEALTH: LESSONS LEARNT AND FUTURE PROSPECTS, PP. 12-24

Kenya has made positive strides in fighting corruption through signing and ratifying the United Nations Convention Against Corruption and the African Union Convention on Prevention and Combating Corruption. These Conventions oblige Kenya to take measures to prevent and criminalise corruption and related offences. In addition, Kenya has enacted vast anti-corruption laws and established independent agencies like: the Ethics and Anti-Corruption Commission, the Office of the Director of Public Prosecutions and the Directorate of Criminal Investigations.

These agencies play a role in investigating and prosecuting allegations of corruption with the aim of preventing and punishing corruption, and enforcing the anti-corruption laws. Despite these extensive anti-corruption laws, the Kenya public health sector experienced wanton corruption during the COVID-19 pandemic. Billions of public monies meant for purchasing proper medical equipment for public hospitals, procuring medication and providing Personal Protective Equipment for medical personnel were stolen by corrupt public officials in the Kenya Medical Supplies Authority. This article aims to first examine the legislative efforts which Kenya has taken to prevent and punish corruption. Secondly, to discuss how corruption during the COVID-19 pandemic impacted on the realisation of the right to health. Lastly, to highlight the lessons learnt and future prospects. This article argues that corruption during the COVID-19 pandemic negatively affected the access and enjoyment of the right to health in Kenya.

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