Deceptive ‘innocence’ hurting war on graft

Article 50 (2) (a) of the Constitution safeguards an accused persons’ right to be presumed innocent until the contrary is proved in a court of law.

This is meant to preserve, among other things, the right to human dignity as set out in Art. 28.

Art. 49 (1) (h) further affords arrested persons the right to be granted bail or bond in the absence of compelling reasons, meaning the courts maintain an element of discretion in allowing or denying bail or bond.

The foregoing may be a milestone in the Bill of Rights and in advancing and advocating the rights of arrested persons and fair hearing.

ECONOMIC CRIMES

In this instance, I wish to narrow down to economic crimes and how the perpetrators hide under the shade of the Constitution and other legal provisions.

Over time, individuals implicated in corrupt practices, particularly the “big fish”, have been seen off the court corridors with either a slap on the wrist in form of fines “not exceeding Sh3 million” or being held “for a further seven days to conclude investigations” in a remand cell. After that, they resume their lavish lifestyles and back-left high-end car mentality.

It may be “progress in the human right dispensation” with regard to the rights of accused, but what about the plight of the slum dweller who paid 16 percent VAT on bar soap that should have cost Sh50 but now costs Sh58? What about the resident in Baringo or Turkana County who is starving to death yet the unbuilt Arror and Kimwarer dams would have been used to irrigate farms, water their dying livestock and ensure food security for all?

JUSTICE

The charade we are being exposed to by those hiding behind the protection of law, put on an innocent facade yet they are the very peddlers of public relations exercises, damage control gimmicks and circumvention of the justice system is sickening.

Let it be known that the said “big fish” have perfected the art of manipulation, particularly to their oblivious and gullible subscribers. Remember, he who plays the piper calls the tune.

It was once said, rather in paraphrasing, that corruption has a PR department. I wish to add that corruption has an established and furnished office space with legal, and PR and communications departments, and ground officers.

If I mentioned a name here “without sufficient proof”, I will be sued for defamation and/or libel by the stolen millions-wielding “Kenyan”.

GOOD BOOK

However, as it is written in the Good Book and the Scriptures, their time is coming, the truth shall be known and, lest they speak the truth that shall set them free, they shall perish.

Freedom, in this case, is not to be equated to amnesty, which is a subject for another day, but a clear conscience. As a law-abiding citizen, guided by Art. 33 (3) of the Constitution, I shall not disrespect the reputation of others by either naming or shaming until and unless the EACC and DPP secure a conviction or publish the same.

It does not negate that, as a member of the public who is not above reproach, I still subscribe to the public notoriety doctrine. Let us all watch out, report corruption, whether small- or big time. Let us unmask these culprits. Yes we can!

Mr Wekesa, mediator/arbitrator, is a law scholar. [email protected]