Scandals haunt State amid claims of fruitless probes

Ethics and Anti-Corruption Commission Chair Mumo Matemu.

The Government is fighting off the claim that it has been slow to prosecute individuals linked to mega-corruption scandals, some going back nearly 30 years, even as new cases are added to the pile.

Critics have sounded the warning by comparing the prosecution in the UK of individuals linked to the procurement scandal at the Independent Electoral and Boundaries Commission (IEBC), dubbed “Chickengate”, to Kenya’s slow progress in concluding investigations related to the same, and other cases yet to come before the courts.

While the Government inherited old corruption cases including Goldenberg, the sale of the Grand Regency Hotel, Anglo Leasing, Triton, several defence contracts and “Chickengate”, it has been rocked by its own scandals, including the recent Lang’ata and Karen land grabs and the bungled procurement of laptops for primary schools.

Solicitor General Njee Muturi defended President Uhuru Kenyatta’s record in the fight against grand corruption, saying the war can only be won if the public is fully involved.

“Political goodwill comes from the top echelons of Government and you have heard the President declare that he won't tolerate corruption in any public office. What we now need is to incorporate the public," Muturi told The Standard Sunday.

President Kenyatta ordered a fresh probe into the Sh56 billion Anglo Leasing scandal after the Treasury was last year forced to pay out Sh1.4 billion linked to the controversial security-related contracts that threatened his Government's debut Eurobond.

However, a multi-agency team set up to assess the files is yet to present a report on whether 10 people recommended for prosecution over Anglo Leasing would be prosecuted.

The joint technical team picked to evaluate Anglo Leasing files forwarded to the Director of Public Prosecutions Keriako Tobiko, is expected to submit its report on Thursday.

Cronies in power

Tobiko acknowledged there is a public perception that the anti-corruption war is being lost and warned the country is becoming impatient over unresolved cases.

"We have a number of institutions and laws to fight corruption. We as agencies engaged in the anti-corruption war must up our game. The major problem has been lack of inter-agency co-ordination, and capacity constraints," Tobiko said.

Activist and retired PCEA cleric Timothy Njoya said it is unlikely justice would ever be served on those who perpetrated the mega-corruption scandals, "as long as their cronies remain anchored in the system, which perpetrates the eating culture".

"All those behind these scams and those protecting them while in Government belong in jail. They should not be free. We should put them in prison, but again whose jail are we going to confine them to when it is their friends who are in key Government positions?" Njoya asked.

According to a report by the Ethics and Anti-Corruption Commission (EACC), the commission filed applications between 2013 and 2014 to obtain warrants to investigate 49 bank accounts in respect of persons or associates of persons suspected of engaging in corruption, economic crimes or related offences.

While Kenya is yet to prosecute the big fish for decades-old cases, the UK in December convicted two directors of Smith and Ouzman Ltd, as a result of a Serious Fraud Office investigation into corrupt payments made to Kenyan electoral chiefs for the award of business contracts to the company.

The corrupt payments totaling £395,074 (Sh54,333,703), the Southwark Crown Court heard, were made to public officials for business contracts including in Kenya, to secure contracts from the IEBC's predecessor, the Interim Independent Electoral Commission.

Christopher John Smith, 71, chairman of Smith and Ouzman and Nicholas Charles Smith, 43, sales and marketing director of the company are due to be sentenced on February 12 for corruptly agreeing to make payments.

Kenya is yet to complete investigations, with IEBC chiefs vehemently denying receiving any payments.

"It is absolutely clear that the Jubilee regime lacks the political will to fight graft. I have previously called them 'a deal cutting' regime. This is the main reason they give lip service to the Constitution when their hearts are steeped in the old habits," said CORD co-principal Kalonzo Musyoka.

Crack whip

International Centre for Peace and Conflict Executive Director Ndung'u Wainaina said the leadership in the country is a big let-down in the fight against graft.

"There has never been at any time a desire to eliminate corruption in Kenya but rather just political rhetoric. Corruption can never be fought by all those institutions and laws. We have a gross lack of political will to stem it," Wainaina said.

"Corruption has become systematic in this country and unless the Government shows the willpower to fight it, it will break this country. Land grabbing was the other name for Kanu, and it's now back in full swing," said the Opposition's Suna East MP Junet Mohamed.

Mohamed said corruption in the land sector exists because the National Land Commission has been denied its full powers.

"We can't develop as a country unless corruption is tackled the proper way. We are tired of the same narrative. The corruption index is higher under the current regime than it was in the previous one," Mohamed alleged.

Tobiko said: "The war on corruption cannot be won on investigation and prosecution alone and thus we must look at preventive measures, attitudes and develop a multi-pronged approach."

But Leader of the Majority in the National Assembly Aden Duale defended President Kenyatta's record in fighting corruption.

He said independent bodies such as the EACC, the Office of the DPP, Auditor General, Controller of Budget, Inspector General of Police and Director of the CID, bear the blame because they have authority under the Constitution to tackle graft.

The National Assembly, which plays an oversight role on these agencies through various committees, was recently rocked by allegations that some MPs used their privileged positions to solicit bribes from those asked to appear before the committees.

Duale acknowledged corruption is very rampant in the country especially in the counties and no officials have been arraigned in court.

"The biggest threat to our national development and security is corruption. President Kenyatta has declared corruption a no-go zone, but he has no powers over these bodies. Kenyans must now gauge if these institutions and Parliament have played their roles. Kenyans must ask these bodies, why they haven't cracked the whip," said Duale.

The gravity of corruption in Government gained prominence last week after police teargassed Lang'ata Road Primary School pupils who wanted access to their playground that had been fenced off by a developer.

Although Lands Cabinet Secretary Charity Ngilu named the individuals she claimed are directors of the firm, no State officer has been charged for aiding the alleged land grab.