For the new partnership to win war on graft, the centre must hold

On February 7 2019 the most powerful offices of justice jointly stated in public to effectively work against corruption.

The statement, read by the Chief Registrar of Judiciary, came against the backdrop of accusations and counter accusations of who was sabotaging the corruption war.

Under the banner of National Committee on Administration of Justice (NCAJ), the Office of the Director Public Prosecutions (ODPP), Director of Criminal Investigations (DCI), Chief Executive Officer of the Ethics and Anti-Corruption Commission, Witness Protection Agency and Chief Justice, in the company of the Attorney General, assured the public of swift and collaborative approach to curbing graft.

Efforts to kill corruption are emphatic in rhetoric but the outcome is not as impressive — so far. The country has had corruption conferences among other consultations with pledges to step up war on the scourge.

FINANCIAL LOSSES

However, huge financial loses in procurement, runaway county expenditures, unwarranted budget in line ministries, many unnecessary abroad travels for learning by civil servants and state officers, poor workmanship and low quality infrastructure are disheartening.

Our taxes are wasted on unsustainable projects, not mentioning local, bilateral and multilateral loans that pile up public debt for which now 68 per cent the country’s revenues is given as annual repayment. Without taking lightly the allegations on the implications of a delayed or unpaid Chinese debt, it is quite harrowing to imagine that public assets of national value including those depicting Kenyan identify could be confiscated for such financial borrowing.

The impatience and anger of the general public cannot be stressed. Wanjiku is increasingly becoming hard to please. This may explain and justify the timing.

The fatigue of ordinary Kenyans is due to complacency of these institutions and the anger, unfortunately against the Judiciary.

CHICKEN GATE

It is important for Kenyans to demand effective approaches to vanquish corruption and its agents.

Besides, there is pressure from most obvious and unlikely quarters: A president who promises not to protect anyone engaged in the vice and a former prime minister wondering why chicken gate suspects in the UK were jailed yet their accomplices in Kenya were left scot free.

Then there’s a deputy president acknowledging that land on which sits a hotel associated with him was fraudulently acquired. This is the political goodwill which NCAJ has picked and must now translate results.

But even as we welcome the partnership, the following must happen to win public support. The DCI must sharpen investigations and adhere to the advice of the ODPP.

The investigating officers must stand the test of time and resist bribes that short circuit their investigations.

POLICE FILES

They must avail police files when required, besides providing witnesses including those who seek protection to the court. In short they must be professionals.

Likewise, there must be clarity between investigators of EACC and those of the National Police Service, drawing a line of who bears the brunt of shoddy investigations in graft cases

The EACC must be aware that raiding suspects’ houses in the wee hours of the morning will not improve evidence collection.

Remember corruption is an organised crime and those who engage in it take precaution including destruction of paper trail.

CHARGES

On the other hand, the ODPP must be told that delegated prosecutorial powers to the EACC has some responsibility.

Framing of charges, presentation of evidence and submissions in an adversarial system requires brilliance and deep understanding of the law.

Equally, arresting suspects without sufficient evidence is inexcusable. The Witness Protection Agency should be seen to work. Then the Judiciary must do its bit.

Mr Mukoya is the Executive Director of Legal Resources Foundation Trust. E-mail [email protected].