Death penalty call worthless in fighting graft

Graft levels in Kenya are at the highest ever. The statistics are there for all to see. Corruption levels have steadily risen over the years, and with it the tolerance levels among the populace. It is also undisputed that our legal system has failed to deliver accountability. It is not a surprise that some politicians, including Nominated Senator Isaac Mwaura and Nyeri Town MP Ngunjiri Wambugu, have voiced plans to introduce legislation to make corruption a capital offence. If they make good their intention, it would be the most useless and worthless effort in fighting graft so far, however populist.

Graft war has not failed for want of stiff punishment. Our laws are adequate to address runaway corruption. The ‘lenient punishment’ in our laws, if applied consistently, are sufficient to turn the tide against the corrupt. Take, for instance, the provisions of the Anti-Corruption and Economic Crimes Act, 2003. Part V thereof creates the offences of secret inducements for advice, deceiving principal, conflicts of interest, improper benefits to trustees for appointments, bid rigging, abuse of office, dealing with suspect property as well as attempts and conspiracies to engage in graft all of which are our bane as a country. Section 48 thereof provides for the penalties for these offences.