Integrity Centre in Nairobi which houses the Ethics and Anti Corruption Commission offices.
Chapter Six of the Constitution on Ethics and Integrity was meant to usher in an era of accountability and respect for the rule of law in Kenya. The essence of this fundamental rule is now under threat as the State leads the dismantling of its core pillars.
Chapter Six requires upright men and women who understand the crucial role it plays in creating a just and fair society. Kenyans’ demand for leaders with integrity to ensure that they uphold the constitution and lead the rest of the country in respecting the rule of law.
Kenya has repeatedly failed to appoint and elect people with integrity as required by the law. This has always started with political parties, which arm-twist vetting agencies during the selection process, and Parliament after the nomination stage, to push through friends and relatives regardless of their chequered characters.
Respect for the justice process is a key tenet of respect for the rule of law. Court orders issued against the government, or any civilian for that matter, must be respected. Over the years, the government has been at the forefront of disregarding court orders. This has led to the malaise of corrupt citizens disregarding them too.
The copy-cat effect of not respecting court orders has left many law-abiding citizens unable to enjoy their properties and lives. Some Kenyans, especially elderly women, some Asians and Europeans, have become targets as fake court orders are used to rob them of their properties.
Fake court orders aside, there are individuals who blatantly disregard court orders in relation to construction of bars, petrol stations and gas filling stations near residential areas. Lessons do not appear to have been learnt after the explosion of a gas plant in Embakasi, which led to death and destruction.
Runaway corruption
Individuals who disregard court orders several times and carry on with illegal constructions and grabbing of public and private land can only be so brazen because those in government lacking in integrity give them cover.
This brings us back to runaway corruption that successive governments have failed to end. Such failures mean that any other person who wants to engage in illegal activities need not worry as long as there are officials they can bribe to offer them protection.
Such behaviour has left communities that have once lived in harmony and in an orderly manner swamped by illegal constructions that not only negatively affect their environment but destroy the communities too thanks to newcomers unwilling to play by the book and who even use violence at times.
The issue with illegal constructions was previously a problem in poorer communities, which were forced out of their land by corrupt rich developers, but it is now being felt in affluent areas of Nairobi such as Kyuna (residents are still at loggerheads with Shell), Muthaiga, Kilimani, Kileleshwa and Karen. The problem of illegal construction has, in fact, become a countrywide issue.
Disregarding a court order is a very serious matter. Disregarding it the second and third time is sheer impunity. The practise has now become so widespread that long established communities feel harassed and helpless in the face of it as State protection is now enjoyed by corrupt individuals rather than communities. Only in Kenya would a developer disregard court orders and then turn up with police in tow to intimidate communities and traders whose property is in issue.
The challenges faced by communities, businesses and investors in Kenya are a creation of a government that has failed to deal with runaway corruption. There has been a lot of talk about ending corruption by successive governments, but this has never been followed through. It now appears that no government has any intention of ending corruption, they only lie to Kenyans.
Ending corruption
Kenya, and indeed Africa, may now need to copy what the Welsh assembly in the United Kingdom has done and make lying by politicians a criminal offence.
Our governments have had years to do what is right by the people but it has failed. Many times, we have directed our attacks toward anti-corruption agencies, which of course share the blame, but failed to challenge the President and ministers tasked with ensuring that Kenya ends corruption.
The Presidency and all the agencies tasked with ending corruption are paid handsomely to focus their efforts in ensuring that the menace is contained once and for all and that communities are kept safe from its effects.
As the promises made by politicians on ending corruption turn out to be just lies, it is time perhaps that we challenged the leadership from the top to the bottom for lying.
Lying by politicians is what has led to the impunity that is destroying communities and it must end.
Ms Guyo is a legal researcher, [email protected], @kdiguyo
