New values the key to fighting corruption

Residents of Mugaa Village in Gilgil, Nakuru County looking at a burst water tank on April 11, 2016. They called on the Ethics and Anti-Corruption Commission to investigate the county for misappropriation of public funds saying the tank was built using substandard materials. PHOTO | SULEIMAN MBATIAH | NATION MEDIA GROUP

What you need to know:

  • President Uhuru Kenyatta lacks the legal standing to sack his own appointees even when they are directly linked to abuse of office.
  • In cases of corruption involving State officers, the Ethics and Anti-Corruption Commission, the Office of the Director of Public Prosecutions, and the Judiciary, none of which reports to the President, are charged with investigation, prosecution, and trial respectively.
  • The Judiciary has become adept at delaying justice and some judges have even been accused of accepting bribes to defeat justice.

The presidency as we know it today is a pale shadow of the Kanu one of yesteryear. Mzee Jomo Kenyatta, Mr Daniel arap Moi, and to some extent Mr Mwai Kibaki had total control over the affairs of state, including leverage over Parliament and the Judiciary. However, the 2010 Constitution has completely altered this.

Democracy may be a good system of government, but it comes at a price. The price is particularly high for a developing country short on values and discipline and where many with access to State resources only see opportunities for self-aggrandisement.

This is why I have a problem with those comparing Tanzanian President John Pombe Magufuli with Kenya’s President Uhuru Kenyatta. For Dr Magufuli has near-absolute control of all the arms of government. Tanzanian State officers implicated in corruption have very little room to manoeuvre. Recently, the Director General of the Tanzania Revenue Authority and the top officials of a bank were sent to jail for conspiracy to steal.

President Kenyatta has no such luxury. Besides the fact that he has little control over county governments, Parliament, the Judiciary, as well as independent commissions, the President lacks the legal standing to sack his own appointees even when they are directly linked to abuse of office. All he can do is suspend them at half pay and wait till they are cleared or implicated by other agencies.

In cases of corruption involving State officers, the Ethics and Anti-Corruption Commission (EACC), the Office of the Director of Public Prosecutions, and the Judiciary, none of which reports to the President, are charged with investigation, prosecution, and trial respectively.

INFLUENTIAL INDIVIDUALS CLEARED

The system would work effectively if every commission did its work according to the law and if influence-peddling was frowned upon. Sadly, this is not the case. We have had cases where EACC cleared influential individuals of wrongdoing, only for damaging evidence to emerge later.

The Judiciary has become adept at delaying justice and some judges have even been accused of accepting bribes to defeat justice.

Media reports also indicate that malfeasance, nepotism, and inefficiency are rife at the 47 county governments, with each “mini president” trying to outdo the other in the acquisition of ill-gotten wealth. Some cases of corruption have largely been ignored while the few that have landed in court have had little tangible outcomes.

It is true that Kenyans are hurting as a result of the misconduct of some public officials. The solution, however, lies not in blaming the President for every case of misconduct but in rethinking our values as a nation. It has become fashionable and profitable to get rich through corruption rather than hard work and enterprise.

We adore public servants who have corruptly enriched themselves but treat with contempt those who give their best and have only enough to live on. We elect to positions of responsibility individuals whose public record stinks of theft and ignore aspirants with high moral values because they cannot bribe us.

And the most annoying habit is when communities rush to the defence of leaders accused of corruption as if the stolen money was shared with the entire community.

Several corruption cases are at different stages in the justice system. However, Kenyans must now embrace new values that include integrity, enterprise, caring for one another, and national pride in order to effectively fight corruption.

It is said that a foolish man keeps doing the same thing over and over, expecting different results. If we refuse to adopt new national values, we shall keep being led by thieves. And we will continue making it difficult for any president of this nation to deal with corruption.

Ms Thagichu is a consultant in development and international relations. [email protected]