Judiciary must not rest until Supreme Court is cleared of whiff of corruption

If there was ever a moment in Kenya’s history to panic, this is it. First, allegations that Nairobi Governor Evans Kidero paid a bribe of $2 million (Sh200 million) to Justice Philip Tunoi of the Supreme Court to rule in his favour in the election petition brought by the rubble-rousing National Assembly member for Kabete Ferdinand Waititu are just that: unproven claims by Mr Geoffrey Kiplagat.

The Judicial Service Commission has appointed a team to investigate the claims.

I also seem to have read that Chief Justice Willy Mutunga has referred the matter to the Ethics and Anti-Corruption Corruption Commission and the DCI.

We are not saying anybody is guilty. But should it turn out to be so, then the country faces a crisis of fraud on a scale never seen before.

The Supreme Court is the intellectual commanding height of Kenyan legal scholarship, the pinnacle of moral authority, the whiter-than-white example to the nation, the rock which stands between us and a corrupt political elite, our shield against our own tendency to go to war over elections.

The Supreme Court is our sanity pill; the one institution which can still our mad instincts and guide us on the path to calm and peace.

It is our guardian angel, the last hope for constitutional democracy in Kenya.

Are we now saying that the Supreme Court is also infested with the rats of graft? If so, then the next question is, how deep is the rot?

How much of the bench is on the take? How badly is the nation exposed?

JUDICIARY UNTRUSTWORTHY

Because of this allegation, the Supreme Court faces a crisis of confidence.

Until the Judiciary takes measures to restore that confidence, or the investigation proves that Mr Kiplagat is talking through his hat, then Supreme Court judges, including the innocent and conscientious, are under a cloud of suspicion.

Secondly, if it is proved that a Supreme Court judge was corrupted possibly to subvert the democratic will of the people, the next question will be how wide is the damage?

How many other cases have been bought and sold in petrol stations like sacks of cabbage?

In the event that Mr Kiplagat knows what he is talking about and can prove it, the third question becomes, how in heaven’s name did a corruptible person find his way to the Supreme Court?

Isn’t there a rigorous vetting process and monitoring by the Judicial Service Commission?

In other words, the entire experiment with judicial reforms, the goodwill and public confidence that the Judiciary has enjoyed, is in grave danger.

Doesn’t this then become a massive incentive to bury the truth, cover up and hope to deal with things away from the public limelight?

Having observed many scandals, I have come to the conclusion that it is always a mistake to appease evil, whatever the cost.

If you don’t amputate a gangrenous arm, you will save the limb for a day but in the end it kills the patient.

PROSECUTE CRIMINALS

Corruption must be dragged out into the sunlight and strangled in full public view.

Secondly, institutions (and individuals too) pay too high a price for peace and the appearance of tranquillity.

They sacrifice their moral standard in order to maintain a fake image.

I think there might be a strong case for applying the war paint, strapping on the warrior gongs, donning the colobus monkey headdress and charging this issue at full roar.

Kenyans will start believing there is a war on corruption when big people start going to (and staying in) jail for it.

I really hope and pray Mr Kiplagat mixed up his dollars and everything else.

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Pride is a vile, costly weakness. I was flagged down by a policeman this week.

His arrogant, imperious manner at once told me that I was in trouble. Because I was going to over-react.

I was running late, but he took a whole five minutes to walk around the car.

He called me to the back of the car, expecting a profusion of entreaties and wads of cash.

A brake light was not working, he said. How did you see that from the front? I asked.

Of course he was looking for problems and if I didn’t bribe him, he was going to charge me. I pay taxes.

But I also pay for my children’s education, health care, security, everything.

I pay your salary yet you want to shake me down for bribes.

You also want to boss me in front of my children?

Like I said, stay away from pride.