Corruption cases: Are Kenyan leaders above the law?

 

Corruption in Kenya is a chronic challenge, infiltrating every level of society and governance. Despite numerous promises by successive administrations to combat the vice, high-profile corruption cases often end with little to no accountability, leading many Kenyans to wonder: are the country’s leaders above the law?

A History of Scandals

Kenya’s history is punctuated by large-scale corruption scandals that have siphoned billions from public coffers. From the Goldenberg scandal in the 1990s, where the country lost over KSh 60 billion through fraudulent gold and diamond exports, to the Anglo Leasing affair in the 2000s, the misuse of public funds has become a recurring theme.

More recent cases include:

National Youth Service (NYS) Scandals: Billions of shillings earmarked for youth empowerment programs were misappropriated through fraudulent tenders.

Kenya Medical Supplies Authority (KEMSA) Heist: Funds meant for COVID-19 mitigation were diverted through inflated procurement deals.

Arror and Kimwarer Dams Scandal: Billions were lost in ghost projects, with no dams constructed.

While these cases made headlines, their outcomes paint a grim picture of impunity. Few leaders have faced convictions, and those who do are often granted lenient sentences or cleared on appeal.

Why Are Leaders Shielded?

1. Political Patronage: Corruption in Kenya is deeply entrenched in politics. Leaders accused of graft often enjoy protection from powerful networks, making it difficult to hold them accountable.

2. Weak Institutions: While institutions like the Ethics and Anti-Corruption Commission (EACC) and the Directorate of Criminal Investigations (DCI) have been instrumental in exposing corruption, their efforts are often undermined by political interference and lack of independence.

3. Judicial Challenges: Corruption cases frequently face delays in court, with cases dragging on for years. The judicial system is often accused of inefficiency and susceptibility to external influence.

4. Selective Justice: Many corruption cases are seen as politically motivated, with the law being used as a tool to target rivals while protecting allies.

The Cost of Corruption

Corruption has far-reaching consequences for Kenya:

Economic Losses: The country loses an estimated 30% of its annual budget to corruption, funds that could be used for infrastructure, education, and healthcare.

Eroded Public Trust: Citizens lose faith in institutions when they see leaders engaging in graft without consequences.

Widening Inequality: Corruption diverts resources meant for development, exacerbating poverty and inequality.

Attempts to Fight Corruption

Efforts to combat corruption in Kenya have been inconsistent but notable. The 2010 Constitution introduced measures such as the Chapter Six requirements for leadership and integrity, which disqualify individuals involved in graft from holding public office.

In addition, institutions like the EACC, the Office of the Director of Public Prosecutions (ODPP), and the DCI have made strides in exposing corruption. However, systemic challenges, including political interference, remain.

Recent administrations have launched high-profile anti-corruption campaigns, but these efforts often fall short of achieving tangible results. Critics argue that these campaigns are more about optics than genuine reform.

Are Leaders Above the Law?

The phrase "leaders are above the law" reflects a troubling reality in Kenya. While the Constitution guarantees equality before the law, its application appears skewed. Ordinary citizens are often subjected to swift justice for minor infractions, while leaders accused of massive graft enjoy drawn-out legal processes, reduced sentences, or complete exoneration.

What Needs to Change?

For Kenya to overcome the perception that leaders are above the law, the following steps are crucial:

1. Strengthen Institutions: Independent, well-funded institutions are essential to investigate and prosecute corruption without fear or favor.

2. Judicial Reforms: The judiciary must expedite corruption cases and resist external influence to ensure timely and fair verdicts.

3. Enforce Chapter Six: Strict adherence to Chapter Six of the Constitution can prevent individuals with questionable integrity from holding public office.

4. Public Accountability: Citizens must remain vigilant, demanding accountability through protests, petitions, and civic engagement.

5. End Political Interference: Political leaders must allow anti-corruption bodies to operate independently without using them to settle political scores.

Conclusion

While Kenya has the legal framework and institutions to combat corruption, implementation remains the weak link. Leaders accused of graft continue to evade justice, eroding public trust and undermining national development. However, the tide can turn if citizens, civil society, and reform-minded leaders collectively push for systemic change. The question of whether Kenyan leaders are above the law ultimately hinges on the country’s ability to hold all individuals accountable, regardless of their status.