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Guilty until proven innocent? Sounds right for all politicians

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Nyakundi Report

Newsroom 1 min read

This archive report was first published on 1 December 2019.

Published on December 1, 2019, by Makau Mutua, a SUNY Distinguished Professor at SUNY Buffalo Law School and Chair of KHRC.

As a foundational principle of democracy, a suspect is presumed innocent until proven guilty in an independent, impartial, and competent court. However, in Kenya, corruption has become a norm, and politicians accused of graft often loudly proclaim their innocence.

The author suggests that the court of public opinion should presume every politician fingered for corruption guilty until proven innocent. This is because corruption has infected the bone marrow of virtually every Kenyan, and it's time to diagnose the problem.

The author argues that Kenyans have become a nation of corrupt men, women, and children, and it's time to stop admiring thieves and letting them be the role models for our children. Let's stop electing thieves and hold them accountable for their actions.

The author is not suggesting that we abandon our Anglo-Saxon legal tradition and jurisprudence but rather that we should have a locally grown standard for politicians accused of corruption. The public should presume them guilty until a court of law declares them innocent.

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