Why it is easy to detect, fight graft

Corruption has become the canker that threatens the social economic goals that we have set for ourselves as a country, including Vision 2030. Its invidious impact on delivery of strategic programmes that would enhance efficiency in Government, improve competitiveness, promote economic growth and ensure security is perverse. Whether in Kenya or in the United States, corrupt practices must be detected, prevented and deterred if an empowered citizenry is to emerge.

Given the benefits of decimating corruption are so clear and its practical implications uncontested, why have our social policies and institutional arrangements struggled to uproot the seeds of the vice? It is submitted that the struggle against corruption must be waged in multiple arenas, not just in courts of law.

While rules and institutions, which are both not wanting in Kenya, may constrain the vampire of corruption, norm-governed political order alone does not suffice. Political consensus among Kenyans on the social cost of corruption must be secured. The reason is obvious: the business of governing is a social contract requiring constant conversations between the State and citizens on how best to drive a country of diverse peoples and views. In the absence of such consensus, monitoring and detecting corruption is an insurmountable task.

Appreciating the problem of State capture by corrupt leadership and networks, Chapter 6 of the constitution institutionalises the notion of public trust and integrity as the cornerstone of governance in Kenya. Commenting on this chapter, our High Court in the Matemu Case (Trusted Society of Human Rights Alliance v. A.G. & 2 Others) observed that "these provisions on integrity and suitability for public offices were not "merely... superfluous or ornamental or lofty aspirations" but were intended to be enforced.

It is for the same reason that the third Pillar of the Jubilee Government Manifesto, Uwazi (Openness), commits to improve accountability through tackling corruption, working with non-state actors in improving Government oversight and empowering citizens in governance, through devolution.

Interest in ensuring the era of opaqueness in Government comes to an end has been evident. Proactive disclosures have constantly featured in the President's actions. Recently, the President voluntarily pointed out endemic corruption in Government, including within his office. He further made the unprecedented decision to attach a list of allegedly corrupt Government officials to his State of the Nation report this year, leading to the suspension of adversely mentioned officials, and sending a clear signal of his government's commitment to root out graft in the public sector.

In order to curtail corruption in public procurement, the Government has directed that all procurement must be done through the e-procurement system, a web-based system that limits contact between public officials and tenderpreneurs. The system also establishes, in advance, conditions for participation by all, including selection and award criteria and tendering rules and their publication.

Deployment of technology to aid openness and efficiency has also seen the Government put in place the e-citizen portal that attempts to hasten public service while promoting transparency. The Huduma Kenya concept, which continued to receive global recognition as a one-stop service centre, has in its vision an open transactional space where all citizens are treated equally and receive the same standards of services across the 47 counties of our Republic.

Building technological infrastructure such as the upcoming Konza city, digitising land files in the Land registries and facilitating citizen engagement further amplify political will towards the culture of open and accessible government.

While adopting devolution, Kenya has created unique spaces for engaging citizens in determining development priorities under the Public Finance Management Act. A citizenry that owns development priorities, it is assumed, will diligently stand guard over resources directed at the realisation of agreed targets. The Intergovernmental Budget and Economic Council, chaired by the Deputy President and its county equivalent, County Budget and Economic Forum (CBEF) are open spaces for public participation where the national and county governments ensure congruence in development planning and negotiate resource allocation, including offering spaces for participation of interest groups such as women and persons with disabilities.

Sadly, the Open Government Index 2015 that assesses states based on publicised laws and Government data, right to information, civic participation, and complaint mechanisms placed the country among the least open. This finding is clearly controverted by the evidence cited here. If anything, Kenya has committed itself to international norms that bind it to the principles of Open Government. Kenya's accession to the African Peer Review Mechanism (APRM) allowed it to be assessed on various indicators including participatory governance. Consequent to its engagement in APRM, Kenya is the first country in the region to enact the Public Service (Values and Principles) Act, 2015 thus entrenching the principles of transparency, accountability, public participation, anti-corruption and equity in delivery of public services.