Oh, cor­rup­tion? Blame the law!

Nairobi Law Monthly - - Analysis -

even in­no­cents are suf­fer­ing for seem­ingly abet­ting bad be­hav­iour. Sun­der­land FC chair­man didn’t need much per­sua­sion to re­sign when it came to fore that her club had fielded an al­leged sex of­fender in Adam John­son. Closer home, a wily cat with 62 lives, Ja­cob Zuma sur­vives, but only with a sail so punc­tured by un­re­lent­ing par­lia­ment rep­ri­mand that his ends seem more less about “when” than “whether”. As it was in the days of Richard Nixon and his Water­gate scan­dal, the war on cor­rup­tion isn’t afraid of the big boys any­more – well at least in ev­ery other place apart from Waig­uru’s Kenya.

We want to do some­thing. The Pres­i­dent per­haps wants to do some­thing as well. We make as if to do some­thing only to re­mem­ber that it’s a new con­sti­tu­tion we are deal­ing with and there­fore a new era where things are dealt with “con­sti­tu­tion­ally.”

We wouldn’t ad­mit it but amidst the grow­ing ag­i­ta­tion is our se­cret hope that we could re­verse the time ban­ner to the pre-au­gust 8 2010 days. In those days, all we needed to slay this ra­bid “cor­rup­tion car­tels” mon­ster was a road­side direc­tive, tri­umphantly pro­nounced by a Pom­peii of a pres­i­dent to a chant­ing crowd that would guar­an­tee “un­em­ploy­ment” for a thiev­ing govern­ment min­is­ter and his in­com­pe­tent pub­lic ser­vant friend. But lo! We sac­ri­ficed our “right of way” at the al­tar of good prac­tice in a “mzungu” con­sti­tu­tion!

A ques­tion of pro­ce­dure

The prob­lem with this Con­sti­tu­tion, as the learned lost would say, is that it’s too much on pro­ce­dure and “bor­ing” prin­ci­ples such as the rule of law and non-in­ter­fer­ence. Af­ter all, it is the same con­sti­tu­tion that sets in place the Ethics and Anti-cor­rup­tion Com­mis­sion (that “thing” that does not work) and with it a guid­ing Act that en­vis­ages a slow process

Ju­di­cial tech­ni­cal­i­ties have been blamed for slug­gish­ness in deal­ing with cor­rup­tion.

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