ADVOKS GLOBAL · KENYA
Anti-Bribery Act
8. Bribery of foreign public officials
Edition: 2023-12-11 · In force
8. Bribery of foreign public officials
(1)Any person who bribes a foreign public official with the intention of influencing that official's capacity commits an offence.(2)A person commits the offence of bribery under subsection (1) if —(a)directly or through a third party, the person promises or gives any financial or other advantage to the foreign official or to another person at the foreign official's request or with the foreign official's assent or acquiescence; and(b)the foreign official is neither permitted nor required by the written law applicable to him or her to be influenced in his or her capacity as a foreign public official by the offer, promise or gift.(3)In this section, "influencing a foreign official" means influencing such foreign official in the performance of their functions, including —(a)any omission to exercise those functions; and(b)any use of the position as such an official, even if not within the official's authority.(4)For the purposes of subsection (2)(b), the written law applicable to a foreign official shall—(a)where the performance of the functions intended to be influenced would be subject to the law of Kenya;(b)where the official is an agent of a public international organization, the applicable written rules of that organization; or(c)in any other case, the law of the country or territory which applies to the foreign official so far as that law is contained in —(i)any provision made by or under legislation, applicable to the country or territory concerned, or(ii)any judicial decision which is so applicable and is evidenced in published written sources.