By Hukka Wario

There are a basketful of cases of grand corruption that are securely locked up and hidden away from prying eyes, and the keys thrown away. None of the cases have been resolved and no culprits prosecuted. Examples abound - Goldenberg, Anglo Leasing and the maize scam. Not forgetting money laundering, drug trafficking and, hot out of the oven like a loaf of fresh bread, the Free Primary Education scandal.

While it would be easy to jump to the conclusion that there is no political will to tackle these cases, Kenyans would do well to engage in some soul-searching.

Is it evident that there is no will? And if so, why is this the case? Is it perhaps that there is the will but there is no ability or capacity to tackle the vice? Could it be that the spirit is willing but the body is too weak to rise to the occasion? Or is it that there are a few politically untouchable ‘hot potatoes’?

Thankfully, there are now clear ways of measuring whether there is political will or not. The first indicator of political will is that there must be one or more bodies established by law to fight corruption. The Kenya Anti-Corruption Commission, soon to be replaced by the Ethics and Anti-Corruption Commission as per Article 79 of the Constitution, has long been in place. There is the National Anti-Corruption Campaign Steering Committee (NACCSC), the Public Complaints Standing Committee, or the Ombudsman, the Kenya Police Service the Judiciary and quasi-anti-corruption bodies such as the Kenya National Commission on Human Rights, and the Efficiency Monitoring Unit.

A Cabinet committee on anti-corruption is in place and special magistrates were appointed to try corruption cases. So Kenya passes the test on this indicator of political will against graft as there are a plethora of anti-corruption agencies, up to Cabinet level.

The second measure of political will is whether there is an acceptable budgetary allocation to these agencies to help them confront corruption. Resource support for anti-corruption agencies is critical.

Looking at the budgetary allocation in the printed estimates for the 20ll/2012 financial year, the inter-agency figures run into several billions of shillings, and seem reasonably adequate. Again, another crucial test is passed.

The third indicator is whether there is enough staff in the various agencies to do the job. Staff are thinly spread out, with most of them at headquarters in Nairobi. But some recruitment is going on and offices are being opened in the counties. On this indicator, Kenya just manages to pass the test.

Adequate legislation

The fourth indicator is whether there is adequate legislation to tackle graft. We have the Anti-Corruption and Economic Crimes Act, 2003, the Public Officer Ethics Act, 2003 and the National Anti-Corruption Campaign Steering Committee Gazette Notices No. 4124 of May 2004, and No. 8738 of August 2009.

On December 9, 2003, when the United Nations Convention Against Corruption (UNCAC) was opened in Merida, Mexico, Kenya became the first country in the world to sign and simultaneously ratify UNCAC. On this score Kenya passes the test with flying colours!

The fifth indicator is that there should be no political interference in cases of graft. But on this front, there is hardly anything worthwhile to write home about.

Some months back, two ministers were sacked only to be reinstated almost immediately, while high ranking officials are routinely suspended and then reinstated. What was that about ‘high voltage’ files lying at Integrity Centre? Did they get burnt in a fire? A dismal failure on this score!

The last indicator is a zero tolerance policy on corruption. Is it in place? Perhaps, if one goes by public pronouncements. I have yet to see it in writing. Is it enforced? Hardly. Until one sees action on high level corruption in terms of prevention, investigation, property seizure and forfeiture, a freeze on culprits’ bank accounts and court prosecutions, restitution and an enforcement of declaration of wealth by public officials, the score on the measure of political will remain low.

How can the score be raised? If the top-down approach fails, then there must be a bottom-up approach. Form a citizen coalition to confront corruption, keep graft on the radar screen and blow the whistle whenever and wherever it rears its ugly head. Do not just stand there and watch. Take action on corruption. Just Say No because Yes You Can.

—The writer is the director, National Anti-Corruption Campaign Steering Committee.