Try other ways of snuffing out prevalent graft
Workers at the Kenya Medical Supplies Authority, Embakasi depot, in Nairobi on Thursday. The government agency is in the middle of yet another procurement scandal.
Corruption in the government has plagued our nation for years as promises to fight graft regime yielded negligible results. This speaks of ineffectual anti-graft laws and measly or inconsequential mechanisms.
Recent allegations that the CEO of the National Syndemic Diseases Control Council (NSDCC), which oversees critical health issues like HIV, malaria and tuberculosis management, bypassed procurement protocols to prematurely award tenders worth millions of shillings highlights the problem.
Sadly, this is not limited to one agency. Similar acts of malfeasance were uncovered at Kemsa, where, in mid May, the Global Fund cancelled procurement of Sh3.7 billion treated mosquito nets for households in 23 counties over manipulation of tender.
It’s not that tendering rules are complicated. Entities describe the service or product they need and call for bids. The contract should be awarded to the company that offers the best price or combination of several factors. But this doesn’t always happen.
Procurement contracts
Non-competitive procurement contracts, or single-source or no-bid contracts, are another open arena of scandalous ‘deal-cutting’. Awarded without competitive bidding, officials cite emergencies or national security—as with some of Kemsa’s dealings during the Covid-19 pandemic.
Sadly, both types of contracts are susceptible to corruption, as demonstrated by the alleged misconduct at Kemsa and NSDCC. They often go unreported as some people stand to gain from them.
A 2007 Organisation for Economic Cooperation and Development (OECD) study on bribery says officials who engage in corruption “may perceive their remuneration as insufficient for the job they do” or “their salary does not meet their personal consumption needs”. They see obtaining money illegally as the answer to personal financial woes.
Personal connections to suppliers are another driving force, but officials must first possess the “confidence to carry out the corrupt acts”. Such confidence may be based on the officials’ technical skills or their access to privileged information.
Corruption
A 2015 OECD study described the direct impact of corruption on the cost of projects for businesses and the public sector, including higher prices and extra payments on imports and indirect effects such as “damaging public institutions, impairing citizens’ trust in their government and causing lower incentives for innovation and higher inequality”.
The OECD suggests public notices on contracts and transparency by allowing the citizens to scrutinise the decisions of public officials and the performance of contractors. But these measures are insufficient. We must do more. Lawmakers must enact tougher legislation that holds corrupt officials accountable, like long jail terms. The death penalty and life imprisonment have been suggested.
Besides, greater transparency and public oversight will allow interested parties to examine contracts and expose irregularities promptly. Whistleblowers can be protected to encourage those with insider information to come forward.
Mr Nyamita is the MP for Uriri Constituency. @nyamita1
