First address the root cause to fight corruption

EACC Chief Executive Officer Designate Abdi Mohamud and Chairman David Oginde (right) during a media briefing after the Commemoration of the International Anticorruption Day in Nairobi on December 9, 2024.  [Benard Orwongo, Standard]

For years, the Judiciary has been a lightning rod for public outrage, with allegations of corruption dominating headlines and conversations.

While the Judiciary is frequently condemned as one of the most corrupt institutions in Kenya, viewing it as a standalone problem misses a crucial point: the Judiciary is a mirror reflecting the broader Kenyan society.

Corruption in Kenya is systemic, deeply embedded in every layer of society. Judges, clerks and lawyers are products of the same environment that tolerates and perpetuates corruption.

The Judiciary does not operate in isolation—it is entangled with the very people who fuel corruption. Lawyers facilitate bribery, litigants offer kickbacks, and intermediaries secure favourable judgments through illicit means. This problem is not exclusive to the Judiciary. The police force, for example, has long been synonymous with corruption. Despite numerous task forces and reforms, including the celebrated Justice Philip Ransley report on police reforms, the situation remains largely unchanged. Why? Because the efforts focused on surface-level symptoms while ignoring the systemic rot beneath.

Corruption thrives not because its citizens are inherently dishonest, but because impunity has become the norm. When powerful figures engage in corruption without consequences, they send a clear message: dishonesty pays. Consider the high-ranking public officials with no visible sources of income who flaunt wealth, drive luxury cars, and even own helicopters. How can ordinary Kenyans be expected to uphold integrity when these individuals are celebrated rather than held accountable?

This culture of impunity undermines every attempt at reform. Efforts to purge the Judiciary, for instance, may seem promising on the surface. Yet, as history has shown, such purges often yield little improvement. In 2003, the Judiciary underwent a radical surgery led by Justice Aaron Ringera, dismissing numerous judicial officers.

A decade later, the Sharad Rao-led Judges and Magistrates Vetting Board conducted another round of vetting. Despite these efforts, corruption persisted. Why? Because the replacements came from the same corrupt pool.

As the saying goes, “If you shake a can of worms, you still end up with worms.” Until the root causes of corruption are addressed, replacing individuals within institutions is akin to rearranging deck chairs on a sinking ship.

The ripple effects of systemic corruption extend far beyond the Judiciary. A police officer, for example, might arrest a suspect but quickly release them after a bribe, knowing that any case forwarded to the courts will likely be sabotaged. Citizens witnessing criminals walking free lose faith in the system, creating a vicious cycle of lawlessness and impunity.

To break this cycle, Kenya must focus on top-down accountability. Punishing petty offenders—such as low-ranking police officers accepting small bribes—will never stem the tide of corruption. The real change begins at the top. When high-ranking officials and public figures are held accountable, it sends a powerful message down the chain of command. If those at the apex of power are not immune to justice, it becomes harder for corruption to flourish at lower levels.

Corruption must become a costly and painful venture. Dishonesty should be met with severe punishment, while integrity should be rewarded. Unfortunately, the current system does the opposite. Individuals who engage in corruption often rise to prominence, while those who act ethically are sidelined or punished.

Ultimately, Kenya must recognise that corruption is not confined to specific institutions—it is a societal cancer. Addressing it requires more than isolated purges or superficial reforms. It demands a commitment to creating a culture of accountability, integrity, and justice.

 -The writer is a property law expert