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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