Michael Johnston in his ‘Syndromes
of Corruption’ classifies Kenya under his category of ‘Official Mogul’ as mentioned
by me in my earlier article. ‘Weak institutions including a corrupt judiciary,
expanding economic opportunities and undemocratic politics’ served as the basis
of his classification and the recent Panama Papers leak has just solidified
this claim. Kenyan Supreme Court Judge Kalpana Rawal has been linked to several
offshore companies, and this is the latest blow to a country in which the
judiciary has never inspired much confidence. Daniel arap Moi has been gone for
a long time, but the corruption rating of the country has only gotten worse.
While his autocratic regime did contribute to Kenya’s downfall, the problem
itself is systemic and deep-rooted. Corruption in Kenya has become so common,
that it is has been internalized and is now a way of life at the local level.
Petty corruption is such a severe problem that the Government recently
authorized transfer of 7000 officers in various sectors to break up their
cartels, and combat this. Kenya has been hampered by political instability, and
election related violence in the past years, and this has led to a loss of
faith in the democratic government. Part of this lack of faith can stem from
members of the ruling body not being representative of all the tribes in the
country, and providing patronage to their fellow tribe members. The failure to
act on the cases of grand corruption has been seen as a sign of encouragement
by corrupt officials at various levels, inspite of the creation of bodies like
Ethics and Anti Corruption Commission. While I wouldn’t advocate free trade
with international markets as a top-down measure to impose standards and stop
business corruption in Kenya, it is imperative to note that local
entrepreneurship is being stemmed by the add-on costs of corruption.
Kenya has seen some progress in the
recent past with strong anti-corruption laws, but lack of proper implementation
has robbed them of their punitive intention. Suspension of officials of EAIC
after they released a report naming corrupt politicians has also led to doubts
about the independent nature of the body, and the commitment of politicians to
the cause of eradicating corruption. The absence of a strong judiciary has
definitely been an impediment to this cause, and the recent Panama Papers
revelation will not do anyone favours.
Both grand and petty corruption
exists in Kenya largely unpunished, and strong implementation of punitive
measures is a necessary way to combat this. The independence of the judiciary
from the executive needs to be maintained and a special fast track court for corruption
cases needs to be considered. Anti-corruption bodies like the EAIC need to be
independent and outside political control (like Election Commissions), and
shouldn’t be used as political tools. Political moves like exonerating past
Presidents from investigation need to be struck down by the judiciary. At the
lower level, the role of civil society cannot be understated and there needs to
be an attempt to de-normalize corruption. While Africa’s history of tribal rule
and distrust does serve as an impediment, democratic processes and elections
need to be carried out properly for the benefit of the body politic.
References:
1. Michael
Johnston, Syndromes of Corruption, 2005
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