Chief Justice David Maraga has launched a framework to effectively focus on high-level corruption, a good example of sealing cracks in the justice system. FILE PHOTO | PSCU
What you need to know:
I believe that corruption will continue unabated irrespective of whichever political party is in government, because Kenya operates in, and tolerates, a political economy that is mostly sustained by corrupt systems of patronage and funding.
It is an acknowledged fact that corruption is a major concern and threat to Kenya’s socio-economic aspirations.
The subject has overly preoccupied the media, politicians, civil society and indeed the public.
The Executive has been working hard to curb corruption but so far success has been limited.
I believe that corruption will continue unabated irrespective of whichever political party is in government, because Kenya operates in, and tolerates, a political economy that is mostly sustained by corrupt systems of patronage and funding.
The corrupt systems are usually handed over from one government to the next. Any government determined to structurally decimate corruption must understand the genesis and chemistry of the vice.
Corruption is essentially a “value chain” glued together and sustained by systems that defy checks and balances — which are supposedly enshrined in our constitutional and democratic processes.
In effect, corruption survives and thrives in the fertile loopholes of our constitutional, democratic and legal systems.
The corruption value chain players ensure that these cracks are created, and sustained with the ultimate intention of ostensibly fighting corruption without necessarily strangling it.
On the supply side of the corruption value chain are usually government officials, elected leaders, the Judiciary, lawyers, investigators and prosecutors, and of late activists-for-hire.
On the demand side are contractors, suppliers of goods and services, and seekers of protection and preferential and often illegal favours. In between the supply and demand sides we have strategically placed facilitators, called agents and brokers.
Corruption will often find its entry points in loopholes deliberately created when policies, strategies, laws and regulations are drafted.
This is when the corrupt players insert opportunities for gain or seek to protect corruption perpetrators. And this may explain why it often takes lengthy periods to agree on new or revised legal frameworks due to conflicts of vested interests.
The corruption cycle usually begins with the annual budget estimates. This is the season when “opportunistic” projects and programmes are devised and cost estimates loaded to provide for players in the corruption value chain.
It is at the budgetary stage that players are designated and a very collusive process commenced. At this stage as much as 30 per cent of national budgetary value is already potentially lost.
The procurement stage is usually a mere formality in the corruption value chain. The only time when the public comes to know about the criminal designs is when conflicts between competing cartels openly play out in tribunals, courts and the media.
These days we also have whistle-blowers who are driven by varying motivations.
However, there are many corrupt projects and deals that smoothly proceed to completion without playing out in the open.
Therefore, any meaningful fight against corruption must systemically and effectively eliminate the administrative cracks and loopholes that exist in the constitutional, governance and legal systems.
Authorities must make it difficult to design corruption into projects. It must also eliminate protective sideshows when corruption has been detected. It must end up with conviction and penalties when guilt and responsibility are established.
Specifically, review is needed in the area of state corporations — a segment of the public sector which manages huge volumes of public resources but which was scantly addressed (deliberately or otherwise) during the constitutional drafting.
Sealing cracks
Governance and accountability voids make State corporations the most popular destination and abode for corruption systems.
Last week Chief Justice David Maraga launched a dedicated framework to effectively focus on high-level corruption, a very good example of sealing cracks in the justice systems. He is in effect challenging the investigative and prosecution arms of justice delivery to follow suit.
And the public will be following very closely to see how this plays out.
Normally, an anti-corruption crusade succeeds or fails in the first few days and weeks of a new government. This is the time when new players in the corruption value chain make an entry.
It is immediately after elections that public support and expectations are at a climax. Surprise and firm action by the Executive at this early stage can produce lasting solutions.
The only time that Kenya nearly succeeded in the war on corruption was in the first few weeks of former President Mwai Kibaki’s administration in 2003.
However, as the president recovered from the impact of a road accident a lapse allowed corrupt players to quickly re-assemble and take over corruption systems from the previous Moi regime.
The result was the infamous Anglo Leasing deals, and the war on corruption was irretrievably lost.
That is why we should not rubbish President John Pombe Magufuli’s anti-corruption crusade in Tanzania.
After one year, corrupt players in Tanzania are unable to effectively organise. Mr Magufuli has demonstrated that political will and moral strength are essential ingredients in the fight against institutionalised corruption.
As we engage in electioneering, we should not politicise corruption along party lines for it is a national malaise that is cross-cutting and non-partisan.
Wachira is director of Petroleum Focus Consultants
