“Kenya School of Law Director, Prof PLO Lumumba has criticized a bid by a section of Supreme Court judges to seek extension of their term to 74 years. He said the constitution was clear that a judge shall serve up to the age of 70 and urged those who had attained that age to retire honorably” (Daily Nation, 2016).
“Corruption cannot be tackled from the top, it has to be confronted from the grassroots” – John Githongo.
Kenyan Government might not like it or trying to deflect it, but here certainly a sorry state when it comes to corruption, graft and embezzlement. If it is either getting a better business deal, paying local council-men for having a shop or being a hawker, paying police officers while passing through a district, getting help by government officials and other buying services from officials like judges and Land-Commissions to get ahead of competitions.
This here is a national problem, but many of the Government Officials and Ministers are involved so the Jubliee Government do not want to be too strong against it; if it is then one of their own have to jump on the sword and lose their job. I think they have learned from Mwai Kibaki’s government and how the Corruption made them eat and let the ethical procedures fly out the window.
I will here show the cases that have come since Januar 2016. And this is not all I presume, this is reports and probes of corruption and grafts in Kenya. There are lots of them and the amount of people says how big the picture is and how big the scope of corruption is; there have to be a general cleaning, but then the Government Officials and the codes of conduct have to be taken from streets to the Parliament. But when Kanjo Kingdom documentaries shows how the certain county cars drives around and pocket money from traders an hawkers in Nairobi as they have target funds to get each week. This proves the levels and stages of corruption. There are viable and visible, and as long as county officials in the capital can get away with having open corruption and trading tax that is not deducted through their financial statement. Then it proves that the re-vamp have to happen from the Grassroot as Hon. Githongo says and I abide by, but the precedence have to be set by the Deputy President Ruto and the President Kenyatta!
Here are the cases and probes.
200 State Officials needed clearance:
“Close to 200 people on the List of Shame President Uhuru Kenyatta handed to Parliament last year have been charged with corruption and abuse of office” (…)”A confidential report by the Ethics and Anti-Corruption Commission (EACC) shows all cases have been investigated and action taken on at least 61 per cent of them” (…)”The status report says some suspects have been taken to court while others have had their cases referred back to EACC for further investigations” (Gicobi, 2016).
Deputy President William Ruto and his Wife; Rachel Ruto dined VISA to the US:
“The first lady who was to be accompanied with the DP’s wife Rachel Ruto traveled alone due to her (Rachel) being denied a Visa by the USA embassy” (…)”According to reliable source, Rachel was denied Visa following allegations that her banking initiative had extorted donor funds” (…)”Recently, it was revealed that Deputy President was banned from traveling to the United States, however, it looks like his whole family was too after his wife Rachel became the first to be denied a Visa” (…)”Ruto’s involvement in almost all corruption cases might also be the reason why Rachel was denied a US Visa” (Bironga, 2016).
“Supreme Court Judge Phllip Tunoi sought to discredit his accuser in the Sh 200 million bribery saga as he fought off allegations that could bring down his career and those of several colleagues. Appearing before a committee probing the allegations Tunoi said an affidavit implicating him was possibly drawn by judiciary staff in an elaborate plot to end his career. As Francis Gachuri now reports Tunoi’s accuser Geoffrey Kiplagat also appeared before the committee that has until Wednesday to submit its findings” (Kenya Citizen TV, 2016).
“Under its terms, the athletics company would pay the Kenyan athletics federation $100,000 in honorariums each year and a one-time payment of $500,000, which was referred to as a “commitment bonus.” The New York Times reports that the bonus was immediately withdrawn by Kenyan officials and kept off the books” (…)”Nike conducts its business with integrity and expects that our partners do the same,” Nike told Fortune in a statement (Addady, 2016).
“Several banks are under investigations after a major tax evasion ring was busted at a border entry point. The racket, said to cost the government over Sh120 million in unpaid import duties at Namanga border post, comes barely a month after a similar incident was discovered at the Port of Mombasa” (…)”Two Equity Bank staff members and an unnamed number of the Kenya Revenue Authority (KRA) personnel allegedly aided traders at the Namanga border post to import goods without paying duty, depriving the country revenue of more than Sh100 million” (…)”Nairobi-based financial analyst Aly Khan Satchu said the recent edict from the Central Bank where customers will need to clearly explain cash deposits and withdrawals of at least Sh1 million is welcomed. He said if the rules are enforced to the letter, corruption cartels would be dealt a blow” (…)“It’s clear that banks have a duty of care in this regard. If this new regulation is implemented without fear or favour then I am sure the deluge of ill-gotten proceeds going through the system will come to an abrupt stop. It seems to me it is no longer a question of rules and regulations, it is now a question of enforcement, pure and simple,” said Mr Satchu” (Ngungi, 2016).
King of Graft – Jimmy Mutuku Kiamba:
“A former Nairobi County chief finance officer amassed Sh800 million in cash, motor vehicles, buildings and land, which the government is now seeking to recover” (…)”Mr Jimmy Mutuku Kiamba’s wealth is half of the Sh1.6 billion that President Uhuru Kenyatta announced in his State of the Nation address that the government intends to seize” (Mwakilishi, 2016).
State of Jersey Confiscate Money:
“On 24 February 2016, Windward Trading Limited, a Jersey registered company, pleaded guilty to four counts of money laundering before the Royal Court of Jersey. The Royal Court imposed a confiscation order of £3,281,897.40 and US$540,330.69, thereby stripping the company of all its assets” (…)”Windward admitted to laundering the proceeds of corruption between 29 July 1999 and 19 October 2001. The corrupt activities took place in Kenya where Windward’s beneficial owner, Samuel Gichuru, is resident. During the period on the indictment, Mr Gichuru was also the Chief Executive of Kenya Power and Lighting Company [KPLC], the Kenyan government’s electricity utility company. KPLC awarded valuable contracts to a number of engineering and energy companies worldwide who all made corrupt payments to Windward. The confiscation order provides an indication as to the scale of the criminal conduct that took place” (State of Jersey, 2016).
This here shows the scope and reach of it. I don’t need to spell it out. It is clear as water. The rain-drops is becoming so much that they are creating a river in the valley; the same is happening with the corruption. There little rain-drops, but they all create a river and the water touches all parts of society. Time to put the kettle on and heat-up some water, because with all this eaten government funds and shady deals we need some sweet tea; Peace.
Addady, Michael – ‘Nike Is at the Center of a Kenyan Corruption Probe’ (16.03.2016) link: http://fortune.com/2016/03/06/nike-kenya-corruption/
Bironga, Huldah – ‘CORRUPTION AT ITS PEAK; Ruto’s wife denied VISA by the USA for corruption linked allegation’ (24.03.2016) link: http://waza.co.ke/corruption-at-its-peak-rutos-wife-denied-visa-by-the-usa-for-corruption-linked-allegation/
Gicobi, Maryanne – ‘Kenya: 200 On Uhuru List Charged With Graft’ (15.02.2016) link: http://allafrica.com/stories/201602150294.html
Mwakilishi – ‘King of Graft Jimmy Mutuku Kiamba to Lose Sh800 Million Loot’ (01.04.2016) link: http://www.mwakilishi.com/content/articles/2016/04/01/king-of-graft-jimmy-mutuku-kiamba-to-lose-sh800-million-loot.html
Ngungi, Brian – ‘Kenya: Banks Under Probe Over Link to ‘Dirty Money’’ (28.03.2016) link: http://allafrica.com/stories/201603310135.html
State of Jersey (U.S.A.) – ‘Jersey confiscates £3.6 million proceeds of corruption’ (25.02.2016) link: http://www.gov.je/News/2016/Pages/Jersey-Confiscates-Proceeds-of-Corruption.aspx
“The tribunal formed to investigate a 200 million shillings bribery claims against suspended supreme court judge Philip Tunoi resumed its public hearings this morning after it adjourned last week. Geoffrey Kiplagat who filed an affidavit claiming that he facilitated payment of the bribe to the judge has been undergoing cross examination by Tunoi’s lawyer, Fred Ngatia. Kiplagat claims both Tunoi and Kidero were present at the petrol station where the one was exchanged. During the cross examination, Kiplagat admitted that Tunoi is not attend initial meetings prior to the bribe. Tunoi had initially denied knowing Kiplagat but NSIS records later showed that the two had exchanged several text messages. Justice Tunoi also said he had gathered new evidence from “sources” that could help bolster his defense on bribery allegations leveled against him” (KTN News Kenya, 2016).
“Tunoi Tribunal Sworn In Despite Controversy Over Rao Age” (Citizen Kenya TV, 2016).
“President Uhuru Kenyatta has suspended Supreme Court Judge Philip Tunoi and formed a seven-member tribunal led by Sharad Rao to probe his conduct over bribery allegations. The announcement was made Tuesday afternoon by State House spokesman Manoah Esipisu through his official twitter handle. Esipisu said: “After further consultation, President Uhuru Kenyatta suspends Justice Philip K. Tonui as judge of the Supreme Court.” (…)”President Kenyatta appoints seven-member Tribunal, chaired by Sharad Rao to investigate conduct of Justice Tonui.” Other members of the tribunal are: Justice Roselyn Korir, Justice (Rtd.) Jonathan Havelock, Judith Guserwa, James Kaberere Gachoka, Abdirashid Abdullahi Hussein and George Munji Wakukha” (Kenyan Citizen TV, 2016).
The Judicial Service Commission has this afternoon received the report of the Special Committee set up on 27th January 2016 to inquire into the allegation of bribery against Hon Mr. Justice Phillip K. Tunoi.
The Commission has deliberated upon and adopted the report.
The Commission is satisfied that from the totality of the material and information presented before it there was inappropriate interaction and communication between the Hon. Mr. Justice Phillip K. Tunoi and agents of a litigant in a matter pending before the Supreme Court. This in the opinion of the Commission amounts to gross misconduct and misbehavior, sufficient to warrant the establishment of a tribunal to further investigate the matter.
Secondly, as to whether or not there is material to suggest that a bribe was given to the Hon. Mr. Justice Phillip K. Tunoi on 27.8.2014 in order to influence the decision in Supreme Court Election Petition No 18/2014 Evans Odhiambo Kidero & 4 Others -Vs- Ferdinand Waititu Ndungu & 4 others to favour the Petitioner, the Commission is satisfied that this is an issue that requires further investigation by the said tribunal.
Arising from the foregoing, the Commission is satisfied that a Prima Facie case of gross misconduct and misbehaviour has been disclosed against the Hon. Mr. Justice Phillip K. Tunoi.
The Judicial Service Commission shall therefore recommend to his Excellency the President that a tribunal be established to investigate the matter.
Dated at Nairobi this 5th day of February, 2016.
HON. DR. WILLY MUTUNGA, D.Jur, SC, EGH, SEGH
CHAIR, JUDICIAL SERVICE COMMISSION
“A special committee of the judicial service commission investigating bribery allegations against Supreme Court judge Philip Tunoi says it will present its findings this Friday. This after the expiry of the period within which it was supposed to complete hearings from justice Tunoi, Nairobi governor Evans Kidero and others implicated in the allegations. The committee which was appointed last week had been given seven days to complete the task” (KTN News, 2016)