Graft: Go for the big fish, Mr Wako
By PHILIP OCHIENG
A country which is steeped in corruption cannot expect its policemen
to be anything but corrupt. And this for at least two reasons. The first
is that if by corruption we mean the really big ripoffs that take place
at the apex of society, then the culprits cannot be interested in stamping
it out of the police.
There is one reason for this. Since the police are the force whose
job it is to arrest criminals, the big fish will be keen to grease their
palms so that police turn another way whenever they see a big man stealing.
The second reason is that policemen are also human beings. And
their "humanity" becomes especially manifest when - as in our case - we
remunerate them so poorly.
In a society where Ministers, top civil servants, high-powered
parastatal executives, nabobs in the private sector, high priests, top
Opposition politicians etc., do not even know how to cover their rapacity
and graft in any finery, how can they expect that the polloi will
not covet them?
Thus, whenever we hear the public condemning corruption among
the upper econo- political class, it is more a result of jealousy than
of any moral conviction. In Nairobi, as in most parts of Kenya, most people
are not engaged in big ripoffs merely because they have no opportunity
to do so.
But everybody can see them engaged in their own small-time "rip-offs":
petty pilfering, petty forgeries, petty hits-and-runs, petty cheating,
confidence tricks, matatu extortions - all kinds of stratagems in order
to come by small change with which to take care of the really pressing
needs of the moment.
But policemen not only have the opportunity but also even the
power to do so. The temptations to which they are exposed can only be described
as agonising. They are acquainted with a great deal of fiddling and fraud
all over the place.
So as they arrest some of the culprits, they are always tempted
to devise their own methods of pocketing some of the loot which they impound.
Why not? If the boss is doing it, why not I? And here "the boss" does not
necessarily mean the Police Commissioner.
The boss here can be Cabinet Ministers, Permanent Secretaries,
departmental directors, managing directors of parastatals, executive chairmen
of public (as well as private) corporations, bishops, Imams dons, party
leaders what-have-you.
But as in all walks of life in our society, the police force is
intricately graduated and "classified". If it has its own big fish, it
also has its own minnows, who do not have the opportunity to partake of
the really viscous dough.
So they, too, like the rest of the polloi are confined
to small-time milking: gleaning what little morsels they can lay their
hands on from petty traffic offenders, "public nuisances" vagrants, petty
house-breakers, and what our newspapers are wont to call "suspects".
These "suspects" always remind the keen observer of the situation
that the lower-rank policemen - corporals and constables - are never averse
to framing people in order to extort bribes from them.
We know all these things from none other than Kenya's chief lawman,
Attorney-General Amos Wako. Early this week, he spoke most passionately,
accusing his own police force of "not doing their job properly" and thus
being the root-cause of corruption and other crimes.
Mr Wako enumerated a number of sins of both omission and commission
in which the police force is engaged. They included the fact that traffic
offences and other crimes are being perpetrated under the very noses of
policemen on the beat.
Litigation files are frequently "disappearing" from the registries
of our courts of law because, said the Attorney-General, "the files have
either not been forwarded and where for warded, the consent or directions
have long since been given."
The question is stark. So what is the news here, Mr Wako? Haven't
the public made these and a million other complaints for decades while
his chamber listened and did nothing? Why is Mr Wako feeding us with fare
with which we have been fed again and gain ad nauseam?
What is even more significant, why is he blaming only the
minnows among the policemen? Are their bosses not even more rapacious?
Why is he so silent about the mother of all crimes, about the cash-mongering
by cheques that takes place between banks and top-notch politicians between
banks and banks, between banks and other commercial houses and between
banks and certain religious organisations?
Was he not the same Attorney-General who - in circumstances that
raised eyebrows - invoked his powers to stop certain Kenyans, with a perfect
locus standi, from prosecuting certain other Kenyans alleged to
be involved in the ignominious Goldenberg scandal?
In this he served as a dangerous precedent for executive meddling
and thus paved the way for Cabinet colleague Simeon Nyachae to declare
certain Treasury potentates "innocent" when a legitimate authority sought
to prosecute them for alleged venality in office.
There is a whole plethora of questions that can be put to Mr Wako
in regard to this habit of passing the buck to the poor, not only for their
poverty and powerlessness but also as the chief victims of crime and bad
government.
But, even infinitely more important than that, the Attorney-General's
Office was created with action in mind. The Attorney-General himself
is expressly the chief legal adviser to the Government on all actions
that it must take to ensure that "the rule of law" is effectively implemented.
His job is not to stand in a public rostrum merely to describe
certain social processes or practices that run athwart "the rule of law.
What irked most about his statement against the police, then,
was not simply that he was at last admitting what all other Kenyans have
known from practical suffering at the hands of the police for a long time,
but also that he said exactly nothing about what he intends to do about
it.
When push comes to shove, we want no word at all from the Attorney-General
or any of his high officials. What we want from him is an articulate programme
of action aimed at extirpating corruption and crime from our midst.
What is lacking, quite clearly is the spice of public action.
But perhaps to expect that the Attorney-General's Office and the Government
in general can eradicate corruption is to put the cat before the horse.
The leader of a successful national liberation movement was horrified
after installing his movement in power, to find that most of his colleagues
were involved in the very same nefarious practices that had characterised
the old bureaucracy.
But he was socially conscious enough to know that passing the
buck to the bottom of society could not solve the problem. So he invoked
his anti-corruption squad: "Storm headquarters".
In Kenya, if we are really serious about eliminating legal, political
as well as economic corruption, we must begin by storming such headquarters
as the police beat on Harambee Avenue, the Attorney-General's Chambers,
Harambee House, State House, party headquarters and the head offices of
all public (as well as private) organisations.
I do not know what form this "storming" might take. But at least
we could begin by requiring all public officials whose job it is to implement
law and policy to stop yapping and begin implementing those laws and policy,
opening their mouths only when they have something to tell us about the
stage the implementation process has reached.
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