KAIKAI’S KICKER: For Kenya’s corrupt, the future looks bright!

On my kicker tonight, a truly bright future lies ahead for the corrupt in Kenya. In a space of a few months so months, corruption has acquired this halo effect around its head, a manifestation of purity, holiness and spotless propriety.

First came the post-election apology tour at the Office of the Directorate of Public Prosecutions with high profile corruption cases dropping off like dead flies and former suspects turning into victims in a transition that even defied some of life’s shortest cycles including that famous Simon Makonde week. And this is not to suggest the high profile corruption suspects were not innocent; but it is just fair to say that history will record that they were never given a chance to prove it.

Well, that is huge waters under the bridge for now but let us take a walk upstream and see what else is coming. In a cousin of all ironies, an opposition Member of Parliament is proposing some truly consequential amendments to the Anti-Corruption and Economic Crimes Act by basically de-criminalizing failure by officials to follow procurement procedures as laid down.

Amendment of Section 45(2)A of the anti-corruption law essentially removes a clause that prohibits and penalizes procurement-related corruption among them breaches of procurement law and procedures, irregular tendering of contracts and mismanagement of public resources. The amendment, in its most simplified interpretation proposes that going forward, Kenyans should find no offence in any failure by public officials to follow procurement guidelines as currently prescribed by the Public Procurement and Disposal Act.

The Ethics and Anti-Corruption Commission (EACC) has, and rightfully so, sounded the alarm that the proposed amendment spells death for the fight against corruption. The EACC singles out procurement-related offences as the flashpoint of official corruption; but which offences the Peter Kaluma amendment now seeks to reduce to mere administrative queries to be handled within the departments concerned, and not by law courts.

The proposed amendment sounds almost unnatural of a political opposition that has often been associated with a push for more accountability in the management of public resources in Kenya. It is this disconnect that causes me to believe two things - one, this is Peter Kaluma’s attempt at some morbid sense of humor or two, the honourable MP, a lawyer of repute, has decided to cut the chase, call the bluff on our hypocrisy-coated war on corruption and just draft the first page of the official surrender document!

And if is the latter, Peter Kaluma cannot be faulted. There are many things that can cause one to give up on the so called war on corruption. So maybe weakening the laws ends the pretence and sets us free for the ecstatic roll downhill… maybe corruption should be normalized once and for all – and that amendment which, will by the way be passed faster than the Finance Bill; let the party begin! For corruption, the future can only be bright. And how about a slogan; eat and let’s eat!

That is my Kicker!