Disband EACC and let President lead graft crusade

As I listened to the President’s speech this past Madaraka Day, it was heartening to hear him outline many wonderful and practical strategies for taking the nation to the next level.

It was especially gratifying to hear him reiterate his commitment to tackling corruption, insecurity, and ethnicity — the unholy trinity determined to sink this nation. In particular, the President’s resolve to tackle corruption remains the most laudable. It certainly requires his personal attention.

Soon after his appointment to head the newly-created Commission on Revenue Allocation, Micah Cheserem set about educating the public on the role of the Commission. In one such meeting with senior church leaders, a concern was raised about the possibility of devolving corruption to the grassroots.

This was especially because the then Kenya Anti-Corruption Commission was in total disarray. We asked Mr Cheserem what could be done to ensure that the anti-graft body was not only revived but better empowered to deal with corruption. His response has not left my mind.

According to Mr Cheserem, the creation of the Anti-Corruption Commission was the worst thing that ever happened to this country. The establishment of a permanent constitutional body to be in charge of corruption is a public admission that we have not only failed to tackle the vice, but that we do not expect corruption to end any time soon! Surprised by his answer, we pressed Mr Cheserem to give us alternatives for ensuring the corruption cartels are not devolved.

His unequivocal proposal was that, if he were the President, he would immediately dismantle the then Kenya Anti-Corruption Commission. He would then hold every government minister, parastatal head, and institutional leaders accountable for any allegations of corruption within their purview.

Thus, for example, instead of chasing after individual police officers on allegations of corruption, the relevant Cabinet Secretary together with the Inspector General, would have to individually answer for any failure to curb corruption within the police force. The same would apply to every sector of government. In this way, there would be no need for a special anti-corruption body.

Whereas at the time this proposal sounded like making the President the head of the anti-corruption commission, it is beginning to make sense. Ever since President Kenyatta took up the driver’s seat on the anti-corruption campaign, we have achieved in just over two months, so much more than the combined total of what all the commissions have ever attained.

Some so-called “big fish” are being brought to account for their alleged activities. Whether these ultimately result in convictions or not, a strong signal has been sent that the highest office in the land is committed to rid the nation of this plague.

The great thing about this strategy is that it would paralyse the schemes by graft lords ever conspiring how to dismantle the anti-corruption bodies. Ever since the days of John Harun Mwau, conspirators have been ardent on ensuring that the gravy train is never derailed. Sad to say, but they have always succeeded.

The net result is that one commission after another is appointed but only succeeds in earning their hefty salaries before they are hounded out. Indeed, at one point the head of the commission earned a salary higher than that of the President but left after several years with no tangible results. That is why we must change tack if we ever hope to slay this dragon.

In a multi-study edited by Bertram Spector, the authors advocate a sectoral or decentralised approach to combating corruption, as opposed to a centralised or generalised one. They argue that such an approach offers one of the best ways of understanding corruption and developing an anti-corruption strategy.

In our context, the sectoral approach would mean that upon appointment, each CS, PS, parastatal heads, and all other leaders would be given a specific mandate and time frame to formulate strategies for combating corruption in their areas of jurisdiction. Failure to deliver would mean they are replaced with other capable Kenyans.

The fact is that, studies have shown that in general, anti-corruption strategies which focus on the development of appropriate laws, strengthened law enforcement agencies, and established government institutions, have had no appreciable effect even after decades of implementation. Unfortunately, this is the approach that we appear sold out to.

Right now we are preparing to appoint yet another centralised Ethics and Anti-Corruption Commission. Unless something drastic and unusual happens, I do not have to be a prophet to predict their ultimate end.

And as Benjamin Franklin is quoted to have said, only a fool does the same thing over again and expects different results. Could it be time we rested this Commission and allowed the President to lead us in the anti-graft war.

@adangdo13