Chasing shadows as thieves become heroes

Corruption is so entrenched in Kenya’s culture that what is reported from time to time is just a fraction or mere spillover of an otherwise ever-expanding pool of very well-crafted schemes for extortion and theft of public funds.

Political statements or half-hearted condemnations will never uproot or even threaten a practice that is so deeply institutionalised. Even lawmakers, most of who bought votes with ill-gotten cash, are not ashamed of using their positions to enrich themselves by hurriedly enacting legislation that legitimises their sinfully exorbitant entitlements from the public purse, in open violation of the Constitution.

The practice of using one’s position in public service for personal gain goes back to the early days of independence.

In the late 1960s, a politically correct Cabinet minister who was implicated in a well proven maize scandal was never tried for the offence and in fact, continued to serve for many years thereafter.

The Independence Constitution heavily borrowed wide-ranging provisions from the British constitutional practices (the British do not have a written constitution, though they helped in the writing most of them throughout the world).

Thus the powers of the three distinct arms of the State, namely the Executive, Legislature and the Judiciary were clearly stipulated. None of them was superior to the other.

They were to be independent of each other.

However, this manner of managing State affairs gradually disappeared as the opposition parties were systematically dismantled in the late 1960s, with some of their leaders either disappearing or being locked up in detention without trial. In the real sense, we then had an imperial presidency where the word from the Executive arm of the State was law.

It was “kilio cha cha mtema kuni” for those in opposition and “our time to eat” for those in power. To formalise this dispensation, those wishing to run for political positions had to get clearance from the ruling party and the security of tenure for the judges was watered down considerably. Subsequently, the Ndegwa Commission was appointed in the early 1970s and its recommendations to allow public servants to engage and own business enterprises were promptly adopted.

Gradually, the practice of using one’s office for personal gain trickled down to the lower public service cadres. Messengers and clerks began demanding “kitu kidogo” – token payments - before rendering service for which they were employed. Policemen, then as now, demanded a cut from those engaged in illegal trafficking of goods or from those breaking traffic laws. After all, if they did not demand or receive such cuts, the culprits would still escape charges as police bosses would be compromised with even bigger cuts.

As Kenyans began to accept the fact that if you want access to Government goodies you had to part with cash, albeit grudgingly, they were nevertheless shocked when they learnt that at the higher levels, grand schemes designed to make those in decision-making positions instant billionaires was the new trend.

The record-breaking rip-off of the national treasury through the export compensation claims for non-existent gold exports was exposed.

Goldenberg, whose negative consequences are still felt two decades later, produced billionaires who have never been jailed and are, in fact, held in high esteem in society. Investigations are supposedly ongoing. A decade after the Goldenberg episode, another gigantic rip-off was unveiled. In Anglo-Leasing, the master plan entailed massive payments for non-delivered goods to non-existent, offshore-registered firms owned by smart home boys.

When Kenya’s Railway firm was facing financial woes, Kenyans were assured of its revival by a foreign consortium. However, with time the real owners were known.

To date, Kenya Railways, which controlled 80 per cent of transport for import/export cargo up to the I980s, now handles less than 2 per cent of the same, with road transport handling virtually all the cargo and thus reducing the lifespan of the highways.

Then came the preparations for the 2013 General Election and the Electoral Commission ordered the supply of sensitive equipment from some British firms on condition that officials had to eat “chicken” before awarding the tenders. The British errand boys who organised the supply of the “chicken” have since been tried and jailed for their engagement in what was actually fraudulent practice, but our “chicken-eaters” are free because “there is no evidence” to convict them.

As wananchi are left confused regarding the manner in which reports on high level theft of public funds are being handled, other massive scandals are revealed.

Those mentioned as possible culprits cry out for tribal protection as if they shared out their loot with their communities. Not surprisingly, political leaders jump into public platforms to affirm their solidarity with suspected looters and within no time, the issues disappear from public domain.

Corruption is so much part of our life. Kenyans discuss press reports on major scandals in much the same way they argue about the performance of English Premier League matches between Manchester United and Arsenal. Unfortunately, that has allowed those who engage in such deals to have their way and with time they become “national heroes”.