Turning point in fight against corruption

According to a section of the media, “... the Court of Appeal has reinstated a section of the Economics Crimes Act requiring civil servants to explain how they acquired assets outside their salary”.

Section 55 of the Act compels civil servants to prove how they acquired such property.

The Ethics and Anti-Corruption Commission (EACC) may commence proceedings under the section if it is satisfied after an investigation that a person has unexplained assets.

Court of Appeal judges Festus Azangalala, Martha Koome and Hannah Okwengu said the process is not alien, as in any civil litigation the court can shift the burden of proof to an accused.

They overturned Deputy Chief Justice Kalpana Rawal’s judgment delivered four years ago declaring the section unconstitutional. They ordered a case in which a public officer was relieved of burden of proof to be returned to the High Court for fresh trial.

This might be the turning point in the fight against corruption, especially if the Executive co-operates with EACC.

Many civil servants and other public officers are the link that needs to be broken to eliminate corruption in Kenya.

The EACC has been trying to prosecute some cases where Government officials are discovered to have acquired assets worth hundreds of millions and scores of billions only to fall at the point of ‘burden of proof’.

In the event that the Executive declines to support our courts in fighting graft, the public will be at liberty to cast their ballots in 2017 for the government-in-waiting that appears more proactive.

A day is coming when graft in public spaces will be no more and the rule of law will be enforced without mercy.