Corruption purge must result in convictions

Treasury Cabinet Secretary Henry Rotich (right) his Principal Secretary Kamau Thugge secure their release at Milimani Law Courts on July 23, 2019 after being arrested over Kimwarer and Arror dams debacle. PHOTO | DENNIS ONSONGO | NATION MEDIA GROUP

What you need to know:

  • The truth has been that investigations have been shoddy and the prosecutions half-hearted, leaving judicial officers with no choice but to acquit.
  • It is necessary that the investigative agencies collect sufficient evidence to facilitate a proper and efficient prosecution of the suspects in this case.

This past week has seen dramatic action in the fight against corruption in Kenya.

A Cabinet secretary and other senior officials in the National Treasury and other key institutions of government were arrested and arraigned for engineering the loss of billions of shillings in a scam involving a large infrastructure project.

Unlike in the past, the President moved with alacrity to replace these officials without requesting them to ‘step aside’.

There seems to be a renewed determination to deal with this scourge that has stained the government’s reputation for decades.

While this was going on, a court ruled that it is wrong to create a system that allows State Officers to remain in office even after being charged with egregious crimes while requiring the suspension of other public officers under the same circumstances.

For a long time, Kenyans have deluded themselves that they can build a great country by saying all the right words while condoning actions that are the exact opposite of their stated values.

If this is now changing, we may have reason to hope for a brighter future for our country.

WATERTIGHT PROSECUTION

However, many of us remain sceptical. We have in the past seen government officials being asked to ‘step aside’ to allow investigations into corruption allegations, the equivalent of taking a fully paid indefinite leave from office; and after a long period of time their cases are dismissed for lack of evidence.

The only certainty in this matter has been the knowledge that the cases will be shoddily prosecuted, and the suspects would come out of it all smelling of roses.

Indeed, many have emerged from such prosecutions to be rewarded with higher office, making it seem like corruption is a prerequisite for political office in Kenya.

In order to heal the scepticism of those of us who have seen it all before, it is necessary that the investigative agencies collect sufficient evidence to facilitate a proper and efficient prosecution of the suspects in this case.

FLAWED INVESTIGATIONS

Convictions of senior public officials accused of corruption have been long in coming, giving the corrupt a sense of invincibility.

Indeed, many in government had taken to attacking the Judiciary and accusing it of failing to convict suspects known to engage in corruption.

Unfortunately, the truth has been that investigations have been shoddy and the prosecutions half-hearted, leaving judicial officers with no choice but to acquit.

The perception of selective prosecutions has also been used as a political tool, with corrupt officials mobilising their tribal gangs to claim that ‘our people are being finished’.

The war on the vice will not be won unless we consistently deal with corrupt elements as soon as they are discovered, conduct investigations sufficient to provide the necessary evidence, and prosecute the cases with the vigour required to secure convictions.

Without this, all the good words said against corruption will continue to be seen as empty rhetoric.

Lukoye Atwoli is the Associate Professor of Psychiatry and Dean, Moi University School of Medicine; [email protected]