There is clearly a chain of officials involved before the country loses billions of shillings to corruption.
As I write this article, I am looking to lose money over a piece of land that has already gone. The culprit who created the mess for me is a lawyer. Without going too much into the details and using my other hat as a legal professional, I know the lawyer acted with negligence. I have brainstormed with other legal professionals and come to the same conclusion. That is half of my problem.
The other half is the fact that I cannot find a lawyer to take up the case. They nearly all cite conflict of interest. The Law Society of Kenya has been wishy-washy and together with the Advocates Complaints Commission took me from a pillow to the post. None is willing to take up the issue.
I am using my case as an example of how justice can be elusive if you have no ‘connections’. Victims are let down by professionals meant to protect them. Accountability being demanded from politicians does not seem to apply to certain key professionals. Cases involving land or any property that has been mired in criminality have a lawyer in the middle of it facilitating the transfer of deeds from a bona fide party to a property grabber without a heart’s flutter.
Sadly, foreigners who get involved with local women face not just unscrupulous lawyers but the police, too, who buy into fake child molestation claims that make it easier for foreigners to be deported and their property stolen by interested parties in the full glare of the law and lawyers. The billboards erected around a fence protecting undeveloped land have become too common as Kenyans turn to desperate means to shield their properties from land grabbers whose existence could only be with the help of unscrupulous lawyers.
Overinflated legal fees
Lawyers are essentially vultures in cloaks as they circle government agencies to fleece them with overinflated legal fees. Counties such as Nairobi have become notorious for outsourcing legal services and as a result, enabled corruption by lawyers whose interest is to scam the counties. Many government agencies have legal departments. One wonders what the point of a legal department is if they cannot handle legal matters on behalf of their employers.
Professionals as enablers of corruption is not a problem within the legal sector alone. Engineers have turned a blind eye to the safety of buildings as they approve shoddy work that end up being burial grounds for unsuspecting and poor tenants. The Engineers Board of Kenya has remained silent as its members continue to kill Kenyans.
Facilitators of corruption
The EACC has singled out certain professionals as being the main enablers of corruption in Kenya during a workshop for accountants hosted by ICPAK – the accountants’ regulatory body. Besides lawyers and accountants, other professionals were mentioned as facilitators of corruption, namely engineers, land valuers, surveyors, bankers, IT experts and procurement officers. This reads like a list of wanted suspects! However, EACC has rarely charged any of these officials alongside Kenyans charged with corruption, whether they are big fish or not.
It is pointless to warn a group of people, without whose input corruption would never take place. There is clearly a chain of officials involved before the country loses billions of shillings to corruption. If the EACC knew its suspects, it is useless to issue warnings to the biggest enablers of corruption and charge the custodian of the stolen funds alone. Cheques don’t write themselves; buildings don’t build themselves and neither would title deeds transfer themselves. Corruption and land-grab happen because a professional was involved.
The EACC and ODPP must change tack and go for the whole chain of professionals when it comes to corruption if they are serious about tackling the problem. The Law Society of Kenya must also stop treating some lawyers with kid gloves. It appears there is a group of lawyers that is untouchable, despite being heavily involved in corruption. As we put the spotlight on politicians to declare their wealth, perhaps the same high level of scrutiny should be exercised when it comes to lawyers, accountants and other professionals keeping the sentry for corrupt individuals. Government agencies should keep legal services in-house to end corruption. The government should set strict limits for legal fees if it is necessary to outsource legal services.
The EACC and the government wasting time on warning individuals rather than acting against corruption suspects they already know, amounts to an act of omission if not complicity. Warning has no basis in law. If a crime has been committed, it is incumbent upon the government and relevant agencies to act. ODPP’s continued withdrawal of corruption cases makes it difficult for the country to streamline anti-corruption policies but it is still worth a try to ensure that all those involved in corruption are punished and not left out simply because they are ‘The Professionals’. The bodies representing professionals facilitating crime are vicariously liable and perhaps we need to take them to task for their members’ ethical and legal breaches.
Ms Guyo is a legal researcher ([email protected], @kdiguyo).
