There’s progress in war on graft but a lot more needs to be done

As we come to the close of this year, it’s important to take stock of where we are and what has been achieved or not. For example, we have heard so much about the war on corruption and the setbacks and impediments that it is facing, making one to easily come to the conclusion that it is failing.

Indeed, if one was to take a straw poll on the street about whether the government was winning this war or not, the overwhelming consensus is likely to be in favour of the latter. There may be an element of truth in that conclusion, but the subject is more complex. Notable progress has been made since the beginning of the year, but more needs to be done.

First, there is more political will than there was before. President Kenyatta certainly has the political will, even if there are a number around him who may not. Since the war must be won from the top, that is significant.

The jury is out, however, as to whether the President has the strength and resolve to first change the tune of the laggards and renegades in the system who often are the beneficiaries of the corruption gravy train. The same applies to whether he has both the determination and time to go far enough to at least contain and reduce this massive scourge that has plagued and run down the country.

The latter is a key consideration because President Kenyatta is into his second and last term in office and such an exercise needs time in order to have any serious effect.

Remember, the lords of corruption have a lot to fight for and deep pockets with which to fund it. If you doubts it, look at the bevy of lawyers being retained by those charged so far!

Secondly, we have a line-up of senior officials who have greater credibility and seriousness on that front than before. They may be short of good supporting personnel and resources, but it’s a step in the right direction.

These two factors are requisite ingredients to start with, lest the exercise becomes one of hollow futility.

The setbacks have eaten into the zest and determination there was. But that does not mean the war is lost; it means we must assess the position and restrategise. We look at the size and complexion of the beast, and at the government’s weaknesses in fighting it, which we must try to remedy.

First and foremost, the homework must be done and overwhelming prosecution evidence assembled. If we need external assistance to put the cases together, then we must do that. Pragmatism, not pride, is the name of the game. There is a huge reservoir of research and forensic skills available around the world and a lot of goodwill when it comes to tapping them.

A lot has been done to build the capacity of the investigating and prosecuting authorities, but it is a work in progress with a long way to go. What we should be doing is quietly assessing what needs to be done together with an action plan of how to gain that necessary capacity.

The secret is to assemble a case with enough evidence to convince the most sceptical of magistrates and judges that those charged should be found guilty. Until that time, the accused is presumed innocent.

The critics of the Judiciary accuse it of being one of the biggest allies of the accused, but not because it is biased or even compromised. It is because it is an antiquated relic of the past, which has not adjusted to the demands of the IT age. There is no place for members of the Judiciary to be writing down what is presented to them in longhand, like in the old movies.

The courts are clogged and must work fast to attend to the cases. This is just not happening to the extent that many often think twice about taking a matter to court. Cases can drag on and on and justice gets diluted when that happens. An overhaul needs to happen like yesterday, complete with putting in place the latest technology for hearing and recording a case.

These are just a few examples of taking stock as regards the war on corruption. The same exercise must take place across the many operations that help to run this country — and not least our police service.