Fighting graft will make or break two careers
On many fronts, thanks to the new Constitution, Kenyans are fast moving in the right direction. They can see for themselves the implementation of various facets of the Constitution.
Both the Legislature and the Executive are seeing a robust delimitation of their powers. The Judiciary is the institution that has changed most.
But there is one area we risk moving backward. Far backward. The fight against grand corruption needs radical action.
There is a need to appreciate the difficulty in fighting grand corruption in Kenya. The people involved in grand corruption are either in power or have access to power. In Kenya, a very large part of capital in private hands has its origin in public coffers.
Certain individuals who ought to be prosecuted for grand corruption are buying political protection at great financial cost.
This group poses greater difficult in this fight than those in power.
The primary reason is that they are desperate to protect their ill-gotten wealth.
The fight against corruption in the next 18 months will make or break the career of two gentlemen.
Prof Patrick Lumumba, the Director of the Kenya Anti-Corruption Commission, and Mr Keriako Tobiko, the Director of Public Prosecutions, are the gentlemen at whose desks the buck stops. Between them they have the legal powers and the resources to fight the menace of corruption. If they work together, they are in a historic position to deliver tangible results.
I don’t agree with those Kenyans who say Prof Lumumba is too much talk and no substance. I think talking, educating, threatening, intimidating and scaring the beneficiaries of grand corruption are a potent tool in the arsenal to fight grand corruption. Being in office for just 13 months, Prof Lumumba, to his credit, has in terms of visibility brought the fight against graft closer to the people. What he and Mr Tobiko need to do urgently is to jointly resolve three cases. For me and many Kenyans this is our challenge to the two gentlemen.
The case of Mr Samuel Gichuru and Mr Chris Okemo is the first test case for the gentlemen. The extradition process has started and is in court. The British Government has great interest in the matter in the sense that it wants to use it as a test case for those who launder money through its territory.
It would be folly for anyone to underestimate the resolve and determination of the British authorities. Due process must be followed, but Kenyans are not ready for the usual shenanigans.
The second test for the two is the need to urgently investigate and prosecute the culprits behind the grand scam involving the licensing of two leading mobile phone service providers. Safaricom must be investigated on the 10 per cent shares it gave to Mobitelea.
Secondly, when Kencell was awarded the licence, according to a settlement between the American government and Alcatel in the case of United States of America versus Alcatel-Lucent, a cool $20 million (Sh1.7b) bribe was paid to Kenyan officials to give the second mobile operator licence. The settlements on this case are public knowledge.
Prof Lumumba and Mr Tobiko must make the resolution of the issues involving Safaricom and the predecessor of Airtel their utmost priority.
Third, please act on Anglo Leasing. Like most Kenyans it was good to hear the KACC boss saying that he now has watertight evidence on Anglo Leasing. We also saw the desperation of Anglo Leasing in filing new cases.
Anglo Leasing is a fairly basic theft of public funds. Very little sophistication or criminal ingenuity informs it.
It does, however, have powerful patrons in Kenya. Mr Tobiko and Prof Lumumba must solve Anglo Leasing cases now!
Finally, now that the courts are being reformed and more judges are being employed, can the two gentlemen start the civil recovery of money stolen in the Goldenberg cases?
Mr Abudullahi is publisher, Nairobi Law Monthly [email protected]
