Only truly independent agencies can we win war against graft

Kenya joined the rest of the world in marking International Anti-Corruption Day yesterday. Notably, this year’s theme is “uniting with youth against corruption: Shaping tomorrow’s integrity”.

The anti-corruption day is a culmination of efforts that have been made in the long journey to have global non-tolerance to corruption. The events of October 31, 2003, were a culmination of these efforts. At the United Nations General Assembly, members resolved then to adopt the convention against corruption, which Kenya was the first country to ratify. In the same assembly, December 9 was designated as the International Anti-Corruption Day.

Data from recent research conducted by the United Nations indicate that over 1 trillion US dollars are paid in the form of bribes annually and over 2.6 million US dollars are stolen annually through corruption. This is more than 10 times the amount of development allocations.

Here in Kenya, according to statistics by the Ethics and Anti-corruption Commission, corruption is the third most pressing issue after unemployment and poverty. Surprisingly, reports indicate that poverty and culture are the leading causes of corruption. The citizens have gotten used to corruption as a way of doing things and it’s acceptable to many to bribe to get services.

By enacting a myriad of laws and legislation aimed at addressing corruption, including Anti-Corruption and Economic Crimes Act, 2003; Public Officer Ethics Act, 2003; ratification of United Nations Convention against Corruption and establishment of independent Kenya Anti- Corruption commission, now EACC, Kenya made a deliberate assault on corruption.

The fight has traditionally focused on prosecution for purposes of securing punitive punishment against the perpetrators found guilty. The Anti-Corruption and Economic Crimes Act has, however, been useful in turning this idea into focusing more on recovering the money lost to corruption at a double rate.

This has been achieved through provisions of Section 48 of the Act which prescribes mandatory fine which is double the amount lost or gained as a result of the offence. The Asset Recovery Agency has been useful in recovering ill-gotten assets.

Nevertheless, reports have indicated that the the fight against corruption is still weak due to institutions being not truly independent both on paper and in reality.

There have been worrying reports and complaints of political interference and state influence which in turn negatively impacts free judgment by the anti-corruption bodies.

The intention of the Constitution in granting independence to the independent institutions was to see that we live in a country governed by the rule of law and everyone is subject to the law.

For that reason, we should ensure that these institutions are truly independent and are empowered both in terms of resources and manpower. Independence does not end at finances and non-political interference only.

It extends to security of tenure to both the commissioners and their staff, judicial officers, and all the other actors.

When they are truly independent, these institutions will tackle corruption with more boldness  regardless of the status of the suspects. Finally, it is important that citizens have faith in the agencies and people involved in the fight against corruption.

Mr Bundotich is a university student