Tame graft if we are to win war on terror

Do away with corruption and inspire the public but do not break the law if we are to get somewhere, writes Prof Karuti Kanyinga

Events of the last few weeks show that Kenya is living in extraordinary times. First was President Uhuru Kenyatta’s move against corruption in the government, and his apology, on behalf of the government, for injustices committed by successive regimes since independence.

The second event followed up even before this had settled: Terrorists massacred 142 students of Garissa University College.

It is also difficult to assume that these two are not connected in some way. They are. In the past, questions have been raised with regard to how al- Shabaab group crosses the border with all manner of weapons.

Following the arrest of some of those involved in the massacre of students in Garissa, a new thing has come to the fore. There is some evidence to confirm that the threat of terrorism is no longer from across the border in Somalia.

Those involved are Kenyans. All the same, the question of how they acquire their weapons and transport them to the place of attack is of essence. They gain access to towns with their weapons because of corruption within the police, the local administration, and in the case of Northern Kenya, the local clan leaders.

INCOHERENT APPROACH

Both Jubilee and Cord have been incoherent in their approach.

This means corruption and terror attacks are twins. Addressing the problem of corruption can aid the fight against terrorism.

However, how some of the leaders have reacted to the fight against corruption and how to insulate the country from further attacks does not inspire confidence. One is left in doubt about whether the country can address these challenges if the government and the opposition are incoherent in their approach to these issues.

Jubilee began well but later undermined the law

The Jubilee administration began well by showing signs that it would fight corruption within its ranks. The Cabinet secretaries and principal secretaries facing investigations stepped aside. A governor was arrested for questioning. In Parliament, Jubilee leaders spoke with commitment to support this effort against corruption.

But that is where it ended. All the same, it rekindled a new beginning and aroused support from the public. One would have expected the government to broaden the list to include what is in the public domain. Notably, the list by the EACC omitted those being investigated for the ‘chickengate scandal’.

The list omitted those involved in land scandals in various parts of the country. The list also did not include MPs cited with regard to misuse of the Constituency Development Fund. Investigations on some of these could be on going at the EACC, if the media reports are anything to go by. It remains to be seen whether the government will introduce a supplementary list or urge the EACC to investigate and give more names to the Director of Public Prosecutions for action.

Prosecution and conviction of senior officials are certainly what many Kenyans want to see. The reaction of the government to the massacre, though good in some respects, left a huge gap in terms of the rule of law. The law does not provide provision for blatant breach.

Unfortunately, the President ordered the immediate training of the 10,000 recruits whose enrolment was stopped by the courts.

Taking measures to improve the capacity of the police to provide security is a good thing. But doing so while undermining institutions such as the Judiciary is a bad thing.

Though the decision has been rescinded, the President should have addressed this issue differently. He should have ordered immediate recruitment of another 10,000 from among those who have completed National Youth Service paramilitary training. This would have saved time in recruitment and probably time taken for training.

Errors by the opposition are laughable

The reaction by the Coalition for Reforms and Democracy (Cord) to these issues is laughable and surprising. The minority party or the opposition has been quite incoherent. Its lack of clarity on how to move the country forward, if they can, is surprising.

Their reaction reflects a coalition that has given up on 2017 so as to wait for elections in 2022.

First, within Parliament, Cord, alongside Jubilee, gave the President a standing ovation. Even outside Parliament, Cord MPs were quick to laud the effort by the President to ask those in the list to step aside.
On this, both the President and Cord had read the public mood at the time. Kenyans have been asking for real action on corruption.

Outside Parliament and once it was clear who was on the list by the Ethics and Anti-Corruption Commission, the leadership of Cord began constructing a new position. Cord asked its members not to step aside, claiming that the report was aimed at damaging people’s reputations.

Had Cord been strategic, its leadership would have presented an additional list in Parliament. There are two main reasons why Cord could not have done so. One, the party members in the Parliamentary Committees are as extortionist as those on the side of Jubilee. The party membership inside Parliament is corrupt.

Two, the fight against corruption in a political system similar to ours should have been an initiative of the opposition. Everyone expects the executive to ‘facilitate corruption’ and the opposition to play an oversight role. Unfortunately, in our case the opposition is sleeping with the executive. The opposition has also been incoherent with regard to the fight against terrorism.

The three things to do

It is not late to inspire the country with confidence. Doing so will demonstrate a sense of accountability and will rekindle people’s confidence to join the war against terrorism and against corruption.

Two and related to this is the need to adhere to the Constitution. Its provisions and principles of governance are enough to guide the country from these challenges. Unfortunately abuse of these principles by those in leadership is leading to a poor culture of respect for the rule of law.

Last is supporting reforms going on at the Judiciary and beginning to reform the police.

Prof Karuti Kanyinga teaches at the Institute for Development Studies, University of Nairobi, [email protected]