Give institutions the teeth to bite

There is a whiff swirling over this government as it organises itself to control the country. “Control” since most of the changes so far have had little or no input from the public. 

To start with, the cabinet formation left a bitter taste in the mouth of Kenyans and investors. Appointing people of questionable character to public office against the law and despite protests from the citizens was always bound to raise eyebrows.

There is no proof that investments will be safe in the hands of corrupt officials. The rate at which the rule of law is being smothered is alarming—but not surprising, given the people appointed to govern the country. 

The Office of the Director of Public Prosecutions (ODPP) is the first independent public office to exemplify the current threat to the rule of law.

Since the UDA government came to power, ODPP has withdrawn almost all the corruption and murder cases against senior state and public officials, including the suspects appointed to the government. The line “there is no sufficient evidence” is just an excuse. 

The ODPP’s office cannot and should never take a case to court without sufficient evidence. The legal duty of the Prosecution is to make sure it has water-tight evidence prior to filing a case in court. One case lacking enough evidence could almost be acceptable but two, three and many more dropped for the same flimsy reasons points to an independent institution being held at the jugular by the Executive. 

It is no coincidence that corruption cases are being dropped but deliberate efforts to undermine the rule of law. State capture is well and truly synonymous with the regime; it didn’t waste time before taking its guns to the ODPP’s office to interfere with cases to save its cronies. 

There are claims that some of the cases had been filed by the previous regime for political reasons. Even then, that ought to be a determination by the judges, not the ODPP.

Irrelevant

Continuous withdrawal of corruption cases from the court is bound to make the Anti-Corruption Court irrelevant. It should be de-funded if the trajectory continues. A court cannot be publicly funded to run private affairs. The withdrawals are not being done in the public interest.

The chorus of taxing the opposition and officials in the Uhuru Kenyatta regime is another example of abuse of power. UDA is usurping the power of independent institutions like KRA for political ends.

The call for unpaid taxes should be strictly made by KRA officially and in accordance with the law. Politicians making running commentaries on accrued taxes is a breach of privacy and an overreach by the regime. 

Using the taxman to settle political scores amounts to the interference of the independent institutions set up with the sole responsibility of holding to account all tax evaders, including within the ruling party. 

The independence of key public institutions such as KRA, ODPP, EACC and Auditor-General, among others, is derived from the Constitution.

Their independence is as it says on the tin. One should not expect to buy a tin of pineapple but find lemons inside. Taking away the independence of publicly funded institutions undermines the rule of law, leads to miscarriage of justice and increases corruption.

The interference with the independence of public institutions points to the shrinkage of democratic space. These institutions must bear at the core key principles of democracy such as accountability, transparency, public service and integrity. All these principles are being slaughtered at the altar of autocracy making a resurgence.

The recent events, where hordes of opposition MPs were coerced or bribed into joining UDA, will lead to a one-party dictatorship that Kenyans fought tooth and nail to expunge. Without a strong opposition, it is difficult for independent institutions to be truly independent.

We can pray to all the gods to help with our socioeconomic problems but, without honest governance efforts, that will amount to zilch. Under the rule of law, those to be held accountable for the breaches should be held to account by independent institutions. 

A democratic government requires independent institutions with teeth to bite. Ours, sadly are not. They are bribed, underfunded and frustrated by incumbents to bend towards their woeful whims, to the detriment of the taxpayers. Let independent institutions work independently for a better and prosperous Kenya.

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UDA started to run the government in reverse gear. Instead of being progressive and mature about politics and focusing on development and economic revival, it went on the offensive with its detractors. 

The mandate to govern Kenya was given by the people and UDA should not waste time revenging on the opposition, destroying other political parties and splurging taxpayers’ money on junkets. 

The President and his deputy swore on the Bible to protect and respect the rule of law. As good Christians they claim to be, they must govern by respecting the oath of office, the law, individuals’ rights and fiscal rules. They are spreading too much negativity. They much change tack from the focus on negative approaches to efforts that unite and inspire to rebuild the economy.

Ms Guyo is a legal researcher. [email protected]. @kdiguyo