More needed to spur momentum against corruption in Kenya

To date, it is 196 days since President Uhuru Kenyatta tabled the list of shame in Parliament. The move has so far failed to spur required energy in the fight against corruption that many hoped would be generated by the unprecedented move. Twenty six cases are currently being prosecuted in the courts arising from the list.

The Presidential initiative had real potential to ignite a new wave of accountability that could have easily lifted Kenya from the dubious distinction of being one of the most corrupt countries in the world. Instead more scandals have emerged since then with implicated officers remaining in office and seemingly different processes and standards of accountability being applied. Many observers concur that corruption cartels have emerged uninhibited and are pilfering public funds and manipulating accountability processes with impunity.

The Executive lost an excellent opportunity to inject further momentum to the work the Ethics and Anti-Corruption Commission was doing with the publication of Auditor General’s 2013/2014 report that detailed a lot of public resources not accounted for. Instead of taking action against accounting officers who are implicated in unsupported expenditure, the Executive sought to cast aspersions on the integrity of the report of the Auditor General.  Reports that Sh791 million was lost in suspicious payments to various private companies at the National Youth Service and the exceptional way in which this is being handled continues to dominate national discourse.

There are also important policy and legal issues that need to be settled urgently. We are concerned that Kenyans are losing more public resources as public officials who ‘stepped aside’ continue to enjoy full monthly salaries while not discharging any functions.  Moreover, those acting in their positions continue to draw an acting/responsibility allowance.

Section 62 of the Anti-Corruption and Economic Crimes Act of 2003 provides that a public/State officer who is charged with corruption or an economic crime shall be suspended, at half pay, with effect from the date of the charge. With legal processes often protracted it is not clear how long those suspended can continue to draw half a salary from public coffers with no services offered while technically the low standard of accountability we have adopted precludes substantial appointments to those positions.

 

Concluding the investigation and prosecution of the pending corruption cases is thus paramount in saving public resources being utilised towards acting allowances. Critically important also, is the need to revisit the standard of integrity in leadership and the procedures of dealing with those suspected or accused of violating it. Currently the criminal standard that we have chosen over an ethical standard means everyone who has not been convicted of a crime is eligible and can continue serving in public service. There can never be a lower standard.

It is also clear that any sustainable effort in fighting corruption must have the support of all arms of government. While the list of shame focused on accountability from a criminal perspective, administrative procedures that could compliment the work of the EACC, the Office of the Director of Public Prosecutions and the Courts have been neglected. Parliament which should provide clear leadership to Kenya’s journey of integrity has not played any positive role in its mandate as the supreme accountability arm for public resources. Overall, the legal system needs to be engineered to deliver justice for Kenyans in corruption cases within a reasonable period of time.

We call upon Kenyans to step up their efforts at holding public officials to account for public resources and support the efforts by various public and social institutions engaged in enforcing and demanding accountability. Kenyans should remain vigilant in monitoring, denouncing and reporting corruption. We at Transparency International Kenya will continue to provide free legal advice and assistance to any victim or witness of corruption who would report to us.