Why chicken theft angers Kenyans more than grand corruption

It is very easy to understand what chicken theft is and therefore get angry with the chicken thief. [iStockphoto]

There are two Latin phrases in law that distinguish between what is wrong because it is, and what is wrong because the law says it is. Mala in se means an act is inherently wrong e.g., rape or murder. Mala prohibita, on the other hand, means that an act is wrong because a group, say, the state, has prohibited it despite it not being inherently 'evil' such as photography in a prohibited area.

It is easy for the society to be outraged by acts that are mala in se. That is why a mob will quickly form and lynch someone for snatching a bag. The mob's action is often impulsive and the punishment is swift. It is consequently easy to organise a society against many of the crimes that relate to acts that 'everyone' considers wrong and evil. Thus, it is possible to have 'organised resentment'. Surprisingly though, this does not appear to be the case for many white-collar or economic crimes, including corruption and fraud.

Chapter Six of the Constitution seeks to establish integrity in the leadership of the country by setting minimum standards and expectations. Various Acts of Parliament outlaw offences such as bribery and corruption, money laundering and tax evasion. The Mwongozo Code, MKenya Daima Code of Conduct and many corporate policies emphasise integrity and declare zero tolerance to fraud. Despite these laws and policies, corruption and fraud in both public and private sectors seem to continue unabated. Of more concern is the fact that a majority of Kenyans do not seem sufficiently outraged by reported corruption or fraud.