How global cap­i­tal­ism in­creases ‘un­equal crim­i­nal­ity’ in Kenya

Nairobi Law Monthly - - Analysis - DR CHARLES KHAMALA

Cont’d from last month: Part 2 Con­trol the­o­rists jus­tify why ‘we’ don’t com­mit crime. They ex­plain how be­hav­iour con­forms to so­ci­ety’s nor­ma­tive ex­pec­ta­tions… A holis­tic “or­gan­ised crime” counter-strat­egy should re­dress not only in­equitable na­tional, but also global, cap­i­tal

Karl Pop­per (1945) pro­poses that the Di­rec­tor of Pub­lic Pros­e­cu­tions should ar­tic­u­late an an­nual pros­e­cu­tion pol­icy. How­ever, for the po­lice bureau­cracy to suc­ceed in prose­cut­ing the poor, Cham­b­liss ar­gues, they must covertly and se­lec­tively forgo in­ves­ti­gat­ing cer­tain elite crimes. Un­sur­pris­ingly, our courts have only be­lat­edly awo­ken to con­strue the 2003 Eco­nomic Crimes Act as shift­ing the bur­den of proof onto sus­pects to ac­count for their un­ex­plained as­sets. Fur­ther­more, many crime vic­tims are si­lenced.

By con­duct­ing orig­i­nal in­ter­views, Kip­pra at­tempts to rec­tify un­re­li­a­bil­ity caused by the “dark fig­ure” of un­re­ported crime, which in­vari­ably dis­torts of­fi­cial statis­tics. In sum, that sur­vey fails to faith­fully ap­ply its smor­gas­bord con­cep­tual frame­works to an­a­lyse its copious data – il­lus­trated in 112 ta­bles, 5 bar charts, 2 pie charts, and a graph – to de­rive some “proac­tive” con­clu­sions of in­creas­ing govern­ment fo­cus on the causes of crime, rather than pun­ish­ing crim­i­nals. Even as­sum­ing its pro­posed man­age­rial ap­proaches, like com­mu­nity polic­ing are pro­gres­sive, rather than “busi­ness as usual” re­press­ing lower classes, whether street crime causes or crim­i­nals, nev­er­the­less, by omit­ting the need to fight re­spectable crimes – elec­toral, in­sti­tu­tional and grand cor­rup­tion – its 14-pol­icy rec­om­men­da­tions elicit scathing crit­i­cism. Ad­mit­tedly, “re­search is an im­por­tant source of knowl­edge in

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