To move to the next level, we must isolate bad leaders

By Edward Kisiang’ani

A critical question which is frequently being asked nowadays is whether our country has lost the war against corruption. Despite public complaints, the Government has adopted a lethargic approach to the problem. The apparent unwillingness to punish corrupt individuals has bred a dangerous culture of impunity.

Recent experiences show that the situation could be moving from bad to worse. There is thus a sense in which the citizens of this country might be forgiven for concluding that the fight against corruption has already been lost. But to understand why we find ourselves in the current predicament, characterised by hopelessness, it will be prudent to take a look at the political genesis of the crisis.

Culture Of Corruption

The ominous culture of corruption was institutionalised by the first African Government led by Jomo Kenyatta. Under Kenyatta, the seeds of ethnic chauvinism were planted when he dished out large tracts of land to his Kikuyu people and preferred to run a government dominated by personnel from Central Kenya. By doing this, Kenyatta created the regrettable impression that occupants of political and Civil Service positions were supposed to exploit their ranks in favour of personal and ethnic interests. This attitude has not changed.

Kenyatta’s deliberate Kikuyunisation of the Public Service hoodwinked the people of the Mt Kenya region to look at themselves as a special breed of citizens. Besides, the Gema community was misled to nurture a false sense of entitlement to virtually all the opportunities and resources of the nation. Consequently, Gema operatives established corrupt cartels which regulated the distribution of the country’s resources and employment opportunities. Increasingly, it became difficult for citizens outside Mt Kenya to be served without first giving bribes.

Under Daniel Moi, the situation deteriorated further when corrupt cartels from the Kalenjin community emerged with the sole aim of displacing the Kikuyu from the centre of political and economic power. When Mwai Kibaki took power in 2003, the deadly cells of corruption from the Mt Kenya region were, ostensibly, resurrected to reclaim their former positions. For the past six years, these cartels have been associated with various corruption scandals. It has been a vicious cycle of sorts.

But the trend shows that next time we have a Turkana President, corrupt cartels from the Turkana community will begin looting the country’s resources. And may be the Turkana will begin viewing themselves as special citizens too. On their part, the citizens of this country have contributed to the problem of corruption by voting in leaders with a stinking past. But the most important reason why we have lost the war on corruption is the Constitution. Constitutional weaknesses have also been blamed for the poor distribution of the country’s resources as well as employment opportunities. President Kibaki’s recent decision to reappoint Amos Kimunya to the Cabinet is a fine example of our constitutional anomalies.

Even after Parliament had passed a Motion of censure and a vote of no confidence against Kimunya, the President went ahead and reappointed the Kipipiri legislator as Minister for Trade. Under the current laws, the President is not obliged to consult anybody before appointing anyone to a public office.

Public appointments

If the Constitution had allowed other branches of Government to vet public appointments made by the President, some of the corrupt ministers and Civil Servants would not be endorsed. The fight against corruption will only be won if the constitution is changed to allow the Judiciary and Legislature to vet Executive appointments so that corrupt individuals are excluded from public life.

Furthermore, the present constitutional dispensation recognises a unitary and highly centralised model of government that empowers the Executive to have limitless access to the country’s resources. Under the system, Kenyatta and Moi, alienated public land in favour of their friends and communities. The Mau Forest settlement, the grabbing of prisons’ land in Kitale and the seizure of both the Karura and Ngong Forest land epitomised the Executive abuse of power during the Moi administration. The principle of separation of powers among the three branches of Government — the Executive, the Legislature and the Judiciary — has been thoroughly adulterated. Elected Members of Parliament have often invaded the Executive domain by serving as Ministers.

Recently, I proposed that we adopt a presidential system with a federal constitution. My argument then, and now, was that such system would appropriately provide for a dignified balance of power amongst the three branches of Government.

Because of the regional imbalances, facilitated by a powerful Executive under a unitary disposition of government, I also proposed that Kenya adopts a federal constitution. This model will allow us to establish a relatively strong central government that shares power with provincial or state legislatures. Sovereignty will thus be constitutionally divided between a central governing authority and constituent political units (majimbo).

To ensure that individuals do not serve in more than one branch of government, elected Members of Parliament should never be appointed ministers. Ministers should be chosen from a non-partisan group of qualified citizens whose elevation should be ratified by Parliament. The President too should not be an elected Member of Parliament, representing a geographical constituency. This arrangement will strengthen our institutions, fight poverty, enhance accountability and reduce corruption in the public service.

Chocking on disease

As we ponder the Goldenberg rip-off, the Anglo-Leasing scam, the Triton scandal and the maize crisis, we must collectively admit that we are a sick nation suffering from the debilitating disease of corruption. We should thus seek urgent treatment or choose to die. Corruption has killed our spirit and undermined our hopes. It has mutilated our patriotism and destroyed our economy. Corruption has bred famine and starvation. It has given us bad leaders and weakened our national institutions. Corruption is the reason we are poor and miserable. Whatever happens, we must remain focused on the reform agenda so this vice is eventually neutralized.

It should not matter to us who takes power in 2012. As long as the current constitution remains in place, corruption will continue to be a way of life in Kenya. We must thus seize the opportunity to change the Constitution to write laws that will comprehensively facilitate the fight against corruption. This is the only we can secure our children’s’ future and our country’s place in the civilised world.Dr Kisiang’ani teaches History and Political Studies at Kenyatta University. kisiangani2007@ gmail.com

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