It
is a cancerous issue that is deeply embedded in various strata of Kenya’s
social, economic and political systems. Since the pre-independence period until
now, corruption has been thriving. All the post-independence governments have
been affected by this societal vice albeit enacting and institutionalizing
several anti-corruption measures.
Perhaps
the pacified approach towards fighting graft adopted by the previous
governments is what has slowed down and some time even stagnated the rate of
economic growth and development. It is common sense that a sustained increase
in the rate and level of economic growth and development is impossible and
largely far-fetched if the avarice of corruption cannot be tackled effectively.
We
have witnessed cases of grand corruption in the past regimes and even worrying
are the allegations of mega corruption courtesy of the current Jubilee
administration. Late last year amid claims by the Opposition stalwarts and
governance experts that the current administration isn’t doing enough to
exterminate this resource-draining event of corruption, the government honchos
comprising the Executive and Legislative members allied to the Jubilee
administration came out guns blazing issuing statements left, right and centre
at press conferences on how a vicious fight against graft was being waged.
After
all these political theatrics and ‘politricks’ on a serious issue of both
national and international concern, President Uhuru Kenyatta held a press
conference at State House, Nairobi whereby he read out the riot act on how
corrupt individuals were going to face the full force of the law. In fact,
prior to the press conference, he met with various high profile and ranking
officials from the private sector and government where deliberations were made
on how both entities would fight graft. Most importantly, a special committee
drawing membership from the government and private sector was established and
given a time-frame within which they would give recommendations on how the
fight against corruption would be steered.
At
the same press conference, the president requested the Judiciary through the
Chief Justice to fast-track cases that involve corruption. In addition, the
Chief Justice Dr. Willy Mutunga promised to do so on the basis of establishing
a special division of the High Court that would check on corruption cases so as
to weed out the delaying of such.
And
here we are, this week the Chief Justice announced the names of the magistrates
who will constitute the Anti-Corruption and Economic Crimes Division of the
High Court. As a matter of fact, the establishment of this particular special
division of the High Court follows a gazette notice issued on the 11th
of December 2015. Its sole purpose is to reduce the length of time that is used
in determining cases that involve corruption.
Following
the remarks given by the Director of Public Prosecutions, it takes an average
of five years to conclude cases that involve graft. But do you think the
establishment of this particular division of the High Court is gonna shorten
this period of time?
In
my opinion, I believe that this wouldn’t do so much in prosecuting the famous ‘big
fish’ who in Kenya’s context seem to be only proverbial. There is a valid
reason as to why I think so. If the political leadership is not strongly
committed in the fight against corruption then all these efforts won’t
materialize or rather come into fruition. In this case, the political
leadership comprises of the Executive and Parliament.
If
the political will to tackle corruption is weak then how can we root out this
societal evil that has rocked our country for decades? We need to understand
that initiatives to tackle graft date way back to the pre-independence period.
For instance, in 1956 the Prevention of Corruption Act of Chapter 65 of the
Laws of Kenya was promulgated to check on corruption.
This
particular act was then amended in 1991 to enact more stiffer penalties against
those engaged in corruption. Two years later in 1993, an anti-corruption squad
was set up within the police force to deal with issues and cases of graft. Then
came 1997 whereby the Prevention of Corruption Act was amended to pave way for
the establishment of the Kenya Anti-Corruption Authority(KACA). KACA’s life
span was only three years after the High Court declared the agency as
unconstitutional because the prosecution powers were to be exercised by the
Attorney General and not KACA.
Because
there was no state agency to check on the levels of corruption, the
Anti-Corruption Police Unit was formed. Then came 2003 when the NARC government
ascended to power. Since there was change of guard and government, the
radiating optimism that swept the country into euphoria shared between the led
and the political leadership generated a consensus that corruption was hindering
the economic progress of Kenya. This culminated in the enactment of the
Anti-Corruption and Economic Crimes Act of 2003 that led to the
institutionalization of the Kenya Anti-Corruption Commission(KACC). This particular
Act gave room for the appointment of special magistrates to preside over cases
that deal with corruption. KACC disappeared and in came the lame Ethics and Anti-Corruption Commission.
If
all these years we have had initiatives to fight corruption, what makes us to
have the thoughts and imaginations that this vice can be stumped out? To me the
solution is very simple. The moment we are going to witness a strong-willed political
leadership is when we shall forget this corruption thing. Mark you if the past
anti-corruption initiatives were coupled with effective political will then we
could be almost a clean state.
Therefore,
setting up the Anti-Corruption and Economic Crimes Division of the High Court
will be business as usual unless the political leadership will lead an
onslaught against this vice. We need Executive orders and laws enacted by the
Legislature that would decimate corruption. A top-down approach would be
effective compared to a bottom-up approach in eradicating graft because it is
the leadership that sets the tone and determines the drum-beats and the tunes
that the citizenry is supposed to dance to.
As
I conclude, let me revisit the findings about the corruption index released by
Transparency International. Out of 168 countries we ranked at number 139. So disgusting
but not surprising. Rwanda is at position 44. Then, consider that the recent
scandals at the National Youth Service and the Eurobond allegations were not
factored in. A point to ponder. Our country’s prosperity is in jeopardy unless
the political leadership wakes from the slumber.