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Judiciary must slay the dragon of corruption to save the nation

by kenya-tribune
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KALTUM GUYO

By KALTUM GUYO
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I always imagine that if President Uhuru Kenyatta were to decide to throw in the towel and go back to Gatundu to binge on tea and Netflix for the next 50 years, he will be just fine.

I am not basing my analysis on the fact that he grew up privileged or that he has a handsome pension coming his way post 2020-something after his exit, but on the fact that corruption affects the rest of mere mortals the most and we must be concerned for our pension and welfare.

We, the people, are the ones to pick up the pieces of insatiable gluttony with poor services. It is our pension that is at risk of being depleted by shadowy pensioners.

Hence, when the country succeeds in ending corruption, it won’t be protecting only President Kenyatta’s legacy.

Presidents only keep the Fort for us, but they can’t fight the battle inside it on our behalf.

There is eating public funds and there is eating while munching so loudly. The Big Fish are giving the impression to Kenyans that it is their right to munch away and are born to do it.

We must admit we have legitimised corruption and are standing by watching the country being cannibalised.

When ordinary people see the ruling class eating meat, they assume their cue to salivate is set in nature’s cycle of life.

However, MEP, that is ‘Meat Eating Party’, by the Big Fish can be brought to premature end by the criminal justice system before the rest of the country is left rag and bones.

They have a legal duty of care to preserve our legacy and that of generations to come.

Following the ruling by High Court Judge Justice Mumbi Ngugi, it appears the Judiciary is finally coming out of its shell and claiming its rightful place in society.

That of putting sense in the unlawful and mafia-esque way corruption has been handled in our courts in the decades gone by.

Goldenberg and Anglo-Leasing are examples of corruption cases that never saw the light of day. They died quicker than one could say dollars in Dubai.

The notion that senior State and elected officials could not step aside until proven guilty despite serious financial impropriety on their part, would not have been tolerated by democratic societies.

Such level of impunity perpetuates injustice against the honest majority by a few greedy individuals who chose to play outside the rules of natural justice on equity.

However, the ruling by Justice Ngugi last month asking State and public officials implicated in corruption to step aside (and they must step aside!) means that our justice system is slowly maturing.

Justice Ngugi’s decision has correctly set a precedent that cleared the air in one of the most contentious issues in the country: pitting the law against impunity.

To think that those implicated in graft could carry on with their duties despite their stained character is akin of them shouting at us: “So what?”, while spitting in our faces.

Success of fighting corruption is said to be President Kenyatta’s legacy. I beg to differ. I believe it is our collective legacy that is at stake.

Mr Kenyatta will be gone tomorrow, and what happens to the rest of us after his exit? Corruption fight is not just a political exercise. It is as social as it is cultural.

To preserve our sense of dignity and honour, the systems put in place now need to be boosted, honed and perfected for posterity in order to keep corruption at bay.

The confidence our courts are starting to show is music to the ears of all those who mean well for this country.

It has always had the power to set precedence, but corruption wilted such powers when Judiciary let cartels embed themselves in it.

The wheel of justice seems to be turning now as the so called Big Fish are getting chewed up by the system.

The Judiciary will cement its place in history when it maintains the punitive measures against those implicated in grand corruption.

It needs to remember that its stand on corruption is being watched closely and it has another opportunity to redeem itself and lead by example like it did in 2017 following the nullification of the presidential election.

We can give our views on how much we detest corruption in barazas, on TV, Facebook and twitter but with a limping criminal justice system there is very little that can be achieved.

Lack of funding has hindered its work. Magistrates rightly questioned the higher salaries paid to politicians rather than them. I share in their grievance.

Magistrates have equally a crucial role to play in society and deserve better remuneration. We desperately need them now if we are serious about tackling corruption. Better pay for them will take away their temptation towards bribes.

Underpaid and underperforming legal professionals can’t be expected to uphold legal duty when they can easily be financially influenced to turn a blind eye to corruption.

Nonetheless, Judiciary does owe the country legal duty and must fight corruption with zeal to preserve our collective legacy.

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