When campaigning for the presidency ahead of the 2013 General Election, Uhuru Kenyatta promised to rid the country of corruption by introducing tough anti-graft laws.
Some of the strategies would be empowering the Ethics and Anti-Corruption Commission to be able to prosecute corruption cases, barring convicted corrupt officials from holding public office, automatic freezing of assets that are proceeds of graft and ending parliamentary immunity from charges.
Given the depths of corruption in the country, this was not going to be an easy task. However, with cooperation among various stakeholders and unwavering political support, this is an initiative that would bear fruit.
In November 2015, President Kenyatta declared corruption a national security threat. He noted with grave concern that it was not possible to achieve development vision unless corruption is ended.
Part of the strategy to achieve this was signing of bilateral agreements for mutual legal assistance with various countries that made it possible for proceeds of graft stashed in foreign nations to be returned to Kenya.
Back home, through a presidential directive, a multi-agency team was formed in November 2015 to streamline the war on graft. It comprises of the EACC, the ODPP, the DCI, Financial Reporting Centre; Asset Recovery Agency; Kenya Revenue Authority and the Office of the President.
This multi-agency was supported with an initial budget of Sh1.6 billion for its operations. Its job is to enhance coordination, cooperation and collaboration among the agencies to make corruption suspects have very little way to escape when caught.
Though it might not be clear to many, these efforts have been successful going by the reports made by the agencies in the past years.
In an unprecedented move, during his second State of the Nation address in 2015, Uhuru tabled a confidential report in Parliament detailing corruption cases that were under investigation and directed all state officers implicated to step aside and pave way for investigations.
All eyes were on the investigating agencies to gather enough evidence and prosecute for conviction and recovery of the loot. Despite facing a myriad of challenges, this has been notably successful.
In 2019, the Arror and Kimwarer dams scandal led to the arrest and charging of Treasury Cabinet Secretary Henry Rotich and 27 other officials from the ministry.
The Ministry of Agriculture was also rocked by a scandal that led to the President sacking CS Mwangi Kiunjuri although he was not charged.
With the ball squarely in the court of the investigative and recovery agencies, the President had made a bold public political statement: That nobody, however senior, would be spared in the graft war.
EACC annual reports show remarkable achievement in the war on graft between 2013-20. The commission reported finalising and forwarding to the DPP 749 files on corruption, economic crimes and ethical breaches.
Public assets worth approximately Sh22.7 billion that were illegally acquired have been recovered between this period. Some 52 applications have been processed to preserve assets valued at approximately Sh13.8 billion.
In addition, 82 proactive covert investigations were conducted, disrupting endemic corruption networks and averting possible loss of public funds estimated at Sh34.3 billion.
One most notable prosecution is the case number ACC 31/2018 Milimani that involved Sirisia MP John Waluke, Grace Wakhungu and Erad Suppliers and General Contractors Limited.
They were found guilty of uttering false documents contrary to Section 353 of the penal code, perjury and fraudulent acquisition of public property.
Waluke was fined Sh727.5 million, Wakhungu fined Sh707.7 million and Erad Suppliers and General Contractors Sh627.5 million.
Several other cases have been concluded leading to recovery of public resources and prevention of loss through disrupted corruption deals. Other high profile politicians with active cases are former Nairobi Governor Evans Kidero, his successor and impeached Governor Mike Sonko, ousted Kiambu county baoss Ferdinand Waititu and Samburu’s Moses Lenolkulal.
Seeing high profile figures being convicted and harsh terms being slapped on them is an effective deterence. President Kenyatta has led by example by supporting the anti-corruption agencies.
He starved even those deemed close to him the advantage of his protection, as witnessed by state officers being shown the door and the impeachments that he fully supported. Though much more could be achieved, it is clear that under the prevailing legal and political circumstances, Uhuru was not playing lip service to the war on graft. He set the stage for its success.
But all this could mean a lot, or nothing, depending on who is elected president in August.
Despite fronting colourful and near magical economic models they intend to put in place once in office, few among the declared contestants for the topmost office have exhibited the zeal and desire to fight corruption. In fact, some have publicly taken issue with those promising to punish culprits of the vice. It will take miracles for any economic model to succeed with the run-away corruption.
Raila Odinga, one of the presidential aspirants in the coming elections, has, however, been very categorical that perpetrators of corruption must face the full force of the law.
Kenyans must acknowledge the consequences of corruption to the country and begin to remedy the situation. Corruption is a weapon of mass destruction. It is a crime against humanity.
Whatever we do, let’s consolidate the small gains made in the war against this ogre and ensure the regime we put in office later in the year has the will and capacity to build on them.
