Monday, December 17, 2012

Why Anti-corruption initiatives fail


Anti-corruption initiatives like declaring wealth were instituted in Kenya in 2003 when the current administration took over. However the only requirement was to fill out forms that would not be publicized and would only come in hand in case of an investigation by the anti-corruption agency. 

Secondly the anti-corruption commission of Kenya was launched with several directors who earned premium rumination as advised by foreign experts to deter corruption; the director of the anti-corruption commission monthly income was $30,000.   

Ownership laws in Kenya are very opaque, property rights enforcement is weak, and therefore the declaration of wealth was futile without the relevant reforms in creation, transfer and property registration and administration. Public property was transferred to private hands because politicians had exclusive rights to issue decrees, and the registry created legal private titles as long as one could afford to pay. 

It was always argued the reason the commission hasn’t been a success is because the agency doesn’t have sufficient powers to prosecute independent of the attorney general chambers. But the critical problem in Kenya’s anti-corruption efforts is not that there lacks institutions for tackling the problem, but that the efforts are systematically marginalized and consequently can’t investigate or prosecute officials and politicians at the highest level of government. Anti-corruption efforts should be systems-wide, every organization should have clear 

Kenya has apparently spent in excess of five billion dollars to investigate corruption with no results. Once it became clear the agency was failing, why didn’t the civil society or parliament call for reforms or disbandment of the organization?  My view is that the civil society has provided human capital for both politics and civil service therefore giving the illusion of change but no real institutional reforms. It also gave some legitimacy to the current government for example John Githogo formerly of Transparency International was appointed to be the newly formed Permanent Secretary for Governance and Ethics, and thereby weakened the civil society further. 

Of even more worrying is the fact that Kenyan populace is ambivalent to the direction and action to be taken to end impunity, or the kind of politics it wants. The daunting challenges facing Kenya lie deep in the flawed societal character as much as in the governance. Kenyan political problems are influenced by fundamental shifts in culture, involving things as fundamental as how the people appraise themselves. Kenyans are attracted to individuals gravely mentioned in corruption, and illegal activities. Often times an individual who goes against the grain and delivers a service honestly without enriching themselves is subjected to ridicule, thought to be stupid, and selfish for not securing contracts for friends. Addressing these issues would require a more comprehensive shift in values and makes the case for improved policies which can contribute to better politics. “Once constituents see that good policy-making can make a difference to their lives, they raise their expectations, and demand more”. 

The only way to fight corruption is through real political competition, independent courts, free media, knowledgeable public and a strong civil society.

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