Death penalty for corruption will not end the heinous crime

Corruption is set to become punishable by death if the National Assembly passes the proposed amendment to the Anti-Corruption and Economic Crimes Act.

This motion of amendment filed by Kiharu MP Irungu Kang'ata seeking to make economic crimes where the public loses in excess of one billion shillings a capital offense is a classic example of putting the cart before the horse.

I fully appreciate the seriousness of economic crimes and the effect they have on the future of our children and our children's children.

I am in full agreement with the honorable member's reasons for filing the notice of amendment including the need for sentences proportionate to the loss occasioned to the public and to provide for a greater deterrence for such white collar crimes. That said, I am in disagreement as to how this will be achieved.

Kenya has a history of grand corruption scandals. The recent tender for provision of laptops was allegedly inflated by 1.2 billion shillings before it was cancelled, the cost of the standard gauge railway project is said to have been inflated by almost 300% to the point where few can say with authority just how much is being paid to the Chinese; the Anglo leasing scam during President Kibaki's tenure cost the Kenyan tax payer over Sh60 billion.

The inquiry into the Goldenberg scandal concluded that Kenya lost a minimum of Sh27 billion in the early nineties. Besides the financial loss of these scams, the economic ripple effects are felt for years after the fact.

The issue in all these economic crimes has never been the severity of punishment, the challenge lies in the conviction of the responsible criminals. For all of the aforementioned examples, has anyone been held culpable? Nobody.

In conclusion, legislating the death penalty for corruption without addressing the more basic issues of successful prosecutions is like placing the proverbial necklace of pearls around the neck of a pig.