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Intransparency of Annual Graft Report PDF Print E-mail
Written by Collins Mbalo   
Thursday, 15 March 2007

The exponential ranking of Kenya' on Transparency International's world corruption index since year 2000 to 2006 ,raises questions on the credibility of their annual reports.

One wonders if this is a fair and true representation of the state of affairs in the country. Could there be some underlying influences bent on denigrating the current Kenyan government?

Since its accesion to power the relationship with the anti-graft body has been a matter for glaring controversy. To rank Kenya from index rating 42 in 2000 to 142 in 2006 (with rating 145 being most the corrupt), indicates a stark 338% increase which by necessity must be attributed to some explainable cause and would be felt by a staggering majority of the citizenry.

As a common mwanachi I believe that my encounter with graft at the common level has not quadrupled in the past 5 years as the report seems to suggest. I stand to be corrected and I believe that a majority of fair minded Kenyans would agree with me on this issue.

It would be utterly ridiculous to claim that no improvement or impact has been made in the fight against corruption. Not even the staunchest die hard opposition supporter can claim that this is the case. We simply do not complain just because we have a right to complain and on this basis I fault TI's 2002 to 2006 reports.

I am not an untouched bystander in the issue of corruption; I have been a victim of it over many years like many other Kenyans. We know that there is corruption at all levels of society but the truth is there is light at the end of the tunnel and of late we have started to see glimpses of it.

Policy and Institutional Reforms
There have been a lot of policy and institutional reforms and establishment of facilitative frameworks to fight corruption initiated by the current government. These have affected the three arms of government, namely the executive, judiciary and legislature. Among these reforms are to be named: wealth declaration by members of Parliament, the enactment of the Anti Corruption and Economic Crimes Act, The Public Officers Ethics Act and Disposal and Public Procurement Act of 2005. These are positive gains that have had an impact and must be acknowledged. However the Kenya Anti-Corruption Commission remains a non-performing toothless bulldog.

The Open Day of the Judiciary to the public last month marked a remarkable change from past experiences whereby the law courts pictured dark dungeons for Justice to hire with judges serving as the priesthood to corruption. We have seen a purge on allegedly corrupt magistrates and judges, the expansion of the judiciary with new judges and magistrates being appointed from legal academia, advocates of many years standing and judicial officers of known repute.

Time and again we have seen corrupt police officers, parastatal bosses and public officials being hounded to the law courts for receiving bribes. Handling of files and procedures of operations at the Lands Ministry have been checkered. Introduction of electronic tax machines while improving tax revenue collection is also reducing tax evasion and fraud, due to permanent records obtained. The effects of these reforms cannot be ignored in the least if fairness is to be observed.

Rather than heighten our interest in the gallopping rate of corruption, we conversely raise serious issues as to the methodology, partiality and level of objectivity employed in compiling data and arriving at the indices in the report. For only a lack in these areas could result in such an unfair appraisal.

However we wait to see whether with the exit of the so-viewed government unfriendly directors of the local TI chapter there will be a more realistic or biased report this year.

While we severely criticize the lackadaisical manner and tribal bigotry in the way that the government has handled high level grand corruption in the recent years, on the other hand we have witnessed some improvement in the government's attempt to curtail and control corruption in both public and private society as compared to the past regime. But we must state the government must do more to stem the systemic spread and incubation of corruption especially among top government officials, nepotistic and politically correct business elites. Their performance has been dismal but positive attempts have been made.

This notwithstanding, the annual TI report faults not only the will of the government, but also of the Kenyan people in their attempt to uproot the almost endemic corruption. Thus, in fair recognition of the gains made - will the real Kenyan PLEASE STAND UP against this negative inferences and soldier on in the fight against corruption!


Collins Mbalo
About the author:
Collins Mbalo blogs at the Nairobian's Perspective ! where he writes on everything from economics, social and political issues in Kenya.




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Not Amuzed
written by Kimani , March 15, 2007
The 2006 TI report indicated that Kenyan corruption has moved a notch higher. We have upgraded from the common-mwananchi corruption to the "big cats" one. Anglo Leasing was singled out to be the new form of corruption, where dubious government projects are used to siphon money from public coffers.
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me think...
written by Mboch , March 15, 2007
I think that the finds by TI are genuine, due to better reporting these days:

- There's a government body, namely KENYA ANTI-CORRUPTION COMMISSION (KACC), where Kenyans can report corruption crimes to, even anaonymously without fear of reprisal. Such crimes are documented by KACC in its reports, so bodies such as TI do have easy access to such documents, unlike prior to 2002.

- More Kenyans have been encouraged not to take part in corruption and have been spurred to report such crimes. Therefore TI has a wider access to corruption reports from every sector of the Kenyan society, unlike prior to 2002.

- KACC is investigating more cases; albeit being hindered by the office of the Attorney general, when it comes to high profile cases.

- Anglo-Leasing was discovered within its first year of inception: unlike Goldenberg only after it had dented our bigger part of the economy. And the bottom end networkers of Anglo-Leasing passed on to the current government have been rooted out, something that was not factored in prior 2002.

- MPs, ministers, civil servants by law now have to declare their wealth. Wapende wasipende. Any wrongdoing is speedily reported. Thus a wider scoop of corruption crimes are reported, unlike previously.


These are just a few of my observations, but as Collins just has written, the bigger battle lays ahead by eradicating all forms of corruption and standing against it. This government has played its little part that we should acknowledge. Are they willing to pass on the baton to another government that will take the war even further and lower the corruption notch in our world status?
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really?
written by Newafroguy , March 15, 2007
Collins
I admire your patriotism and doubt that there's any among us who wouldn't stand up for our country, in honourable ways ofcourse.

Someone said: "the truth shall set you free but first it will piss you off."

Please remember that ranking is relative to the progress of other countries against set benchmarks. If they outdo us then our relative efforts havent been as effective as theirs.

I protest that you insinuate anti-government agenda on the part of TI, all in the face of glaring government connivance in corruption, which you so dutyfuly and accurately acknowledge in your article.
The so called reforms and improvements have had a reasonable impact on low to medium level individual graft but absolutely no effect on high level government sponsored graft.

Take GJLOS for example, since it it the most comprehensive of efforts in this area. Its mission statement is thus: "A safe, secure, democratic, just, corruption-free, prosperous and human rights respecting Kenya for all."
All these were violated by the Standard media raid. Meanwhile no justice on this important national matter one year on.
If you look at GJLOS's six key results objectives (http://www.gjlos.go.ke), you will be hard put to explain why goldenberg, anglo-leasing, Artur brothers, etc scandals havent been resolved yet and suspected perpetrators are allowed to occupy public office. Notice that corruption guilt in public office shouldn't just be limited to participation in, but should also be extended to the unwillingness or incompetence to deter it.

To take up your challenge, the real Kenyan in me wants to continue acknowledging our weaknesses for we won't fix what we don't acknowledge is broken. The buck stops at the top and here, top government officials including, and especially the president have only paid lip service to the reforms you mention
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Who shall watch the watchmen?
written by aeichener , March 16, 2007
Excellent contributions from everybody in the thread - I am impressed! Thank you, Collins, Mboch, Newafroguy.

Just one petite observation to the author - it is incorrectly stated when he writes: "the exit of the so-viewed government unfriendly directors of the local TI chapter".
Actually, the board of directors was generally and widely seen in Kenya and abroad as corrupt themselves, and as thoroughly infiltrated by government-friendly puppets. That is why - much too late!! - international TI headquarters in Berlin conducted an audit, and subsequently sacked most of the directors. :cry:
"Quis ipse custodiet custodes?"
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...
written by Kamale , March 16, 2007
Where can we access this report?

Could it be possible that by showing us as having fallen that far in the index, TI Kenya is trying to bring back credibility to itself by showing an "unfriendly" score card on Kenya? For an organisation in the news for having compromised directors, this could be a clean break to show they are objective.....
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written by Tim Norwood , March 16, 2007
Here is the PDF.

Quite honestly, I don't think the writer knows what he is talking about!
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written by Tim Norwood , March 16, 2007
This would also be relevant, although it deals only with corruption and HIV/AIDs.

The CPI itself is available at this link here. I know, I know, thank you Tim.
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written by collinsom92 , March 16, 2007
Frankly put i believe Tim Norwood also just like the report compiled by Wachira Maina and Noelina Nabwire also dont know what they are talking about.Their report reeks of John Githongo Influence and focus mainly on grand corruption in the public sector.The report should have been exhaustive and focus on the ordinary citizen perception of corruption(the report itself acknowledges that a majority of kenyans 55% feel corruption levels have remained static yet in their index they indicate a rise...see what i mean?).

A true, fair and just report must not only be just but seen to be just no matter societies vilification of the vice.

Lol. its nice to see this issue generate positive interest amongst fair minded Kenyans and Well wishers.The fight against corruption is still on!
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written by collinsom92 , March 16, 2007
Unfortunately our judiciary spews forth judgements that would fail one were they submitted at law school.

At the same time ,particular judges seem to always handle these kind of cases and many times their judgements leave alot to be desired!(perhaps they should take a que from their colleagues in Uganda who recently stood up against Museveni's dictatorship whiles)still their are gallant Justices out their who should be lauded for their contributions in developing worthy legal jurisprudence!
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written by aeichener , March 16, 2007
It may well be true that the NARC government has lost a lot of initial credibility (= goodwill of the wananchi) for its so-called "fight against corruption".

I admit that I am somewhat disappointed myself. Not because nothing would have been done - a lot has been done actually, here and there and there, and even comprehensively like in GJLOS, which indeed is an excellent and thorough approach, one you look into it. And KACC is not sleeping on its ears either.

But what disappoints me is that an incompetent and corrupt judiciary and AG office are the best and most steadfast allies in the fighting back of corruption against civil society and state. Just see the corrupt swines in judicial robes being re-instated by their accomplices. Just see pretentious buffoons spew forth nauseating rhetorics while they stop all prosecution against a particularly notorious offender, namely the Dishon. Saitoti:

Despite the scandal the courageous people of this nation have risen from the ashes.
This is why it is important to remember that as our national anthem exhorts justice must continue to be our shield and defender. The courts must never shy away from doing justice because if they did not do so justice has the capacity to proclaim itself from the mountain tops and to open up the Heavens for it to rain down on us. Courts are the temples of justice and the last frontier of the rule of law.

Thus spake the crooks JJ Nyamu, Wendoh and Emukule, and exonerated Saitoti, in one of the worst and most shameful judgments ever to be pronounced on Kenyan soil. The second worst, by the way, is the Murungaru judgment (by JJ Lesiit, Wendoh and Emukule: 2/3 of the gang again!).

What Kenya needs is a forest of gallows.

Alexander
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written by Kamale , March 16, 2007
Having read the report [ Thanks Tim for the link] I am inclined to think that the Kenyans who made the report are either lazy bums who just recycle stuff in their report or are just incompetent!

If you wish to, look at the report on Japan where there are details of actual scandals whilst the Kenya report only repeats the horrors of ALF and Goldenberg. These surely will not raise or lower the CPI for 2006. So then what increased it?

Perhaps I did not read the report right!
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TI report is based on percepti
written by Kamakazi , March 16, 2007
The TI report is based on perceptions and not on actual reality, and therefore may even be based on false impressions.

Never the less the perception of Kenyans according to the report is that in 2006 more people think the amount corruption is reducing (26%) than those who think it is increasing (19%). Here is the quote from the TI 2006 Corruption report on Corruption Perceptions.

"The public’s perception with regard to anti-corruption efforts did not register significant change in 2005.
Twenty six percent of respondents reported improvement, just one percentage point above 2004, as
compared to 32 percent in 2003. The number reporting deterioration also increased by one percentage
point from 18 to 19 percent which is considerably higher than 13 percent reporting deterioration in
2003."

So if in 2006 26% percieved that corruption reduced and 55% thought there was no change. Then how can any one come to the conclusion that corruption is increasing. This is especially clear when only 19% thought it did.
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Ubique per incuriam ?
written by aeichener , March 19, 2007
Yes, I know. I am sadly painting with a broad black brush. There is no judicial independence in Kenya (it's a structural problem of procedural law, not of individual shortcoming, which was analyzed in depth in a recent seminar of the ICJ and the Friedrich-Ebert-Stiftung), and that is one of the reasons for such bad judgments.

What I would appreciate (in addition to a name-and-shame practice that clearly and outspokenly criticizes and pillories bad judgments, as is widely common and most beneficial outside the realm of Common Law), would be a naming of good and learned (very rare in Kenya!!) and diligent judges (be they magistrates or justices).

Dear Collins, whom would you thus single out as positive examples?
I would think of Joyce Manyasi; but this magistrate, of all people, is still shamefully suspended because of her courage and clout, while the swines who had been sacked for cause, are already back, defiantly snorting at their troughs!



Alexander
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New liidaahs, old sheep?
written by aeichener , April 07, 2007
The new developments in intransparent TI Kenya (Richard Leakey having been set at the helm) are interesting to watch. Gado added an excellent cartoon to that.

Alexander
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Back to corruption!
written by aeichener , January 14, 2008
Just a small update. The new board of TI Kenya had been elected on 20th September 2007:

Dr. Richard Leakey:
Environmentalist and Former Head of the Civil Service

Mr. Robert Shaw:
Businessman, writer/analyst on Kenyan economics and public policy

Mrs. Rachel Mbai:
Partner, Kaplan & Stratton Advocates

Ms. Florence Omosa:
Decision/Management Scientist and Institutional Strengthening Expert

Ms. Betty Maina:
Chief Executive of the Kenya Association of Manufacturers

Mr. Ahmed Abdallah,
former Deputy Governor of the Central Bank of Kenya , who was retiring by rotation was also re-elected to the Board.

Comment:
To see Shaw and Mbai *jointly* on this board, is VERY unfortunate, and confirms all the old bad impressions and misgivings about Intransparency Kenya. Certainly a big mistake, a display of extremely bad judgement, and one that further disgraces the already badly damaged reputation of TI Kenya, instead of restoring the faith.

Shame on you.

Alexander
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