This archive report was first published on 16 December 2019.
Kenya: Punish Those Clearing Dubious People to Occupy Public Offices ¶
Published on December 16, 2019
The Director of Public Prosecutions has been making headlines with recent arrests, but one crucial aspect remains unaddressed: the role of vetting institutions and panels in clearing individuals with dubious character for public offices.
These individuals, who have been vetted and given the 'all clear' to stand up and be counted as leaders, have been implicated in corruption, theft, and murder shortly after assuming office, despite producing certificates of good conduct.
Agencies responsible for clearing individuals for public offices have been accused of turning a blind eye to individuals of questionable integrity.
One such case involves the Kenya Prison Services, which failed to inform the authorities during a certain individual's vetting that he was a convicted criminal and fugitive from the law.
This is a serious case of omission, which could potentially create a stronger base for fighting corruption.
Another issue is the conflict of interest among some senators who are now offering legal representation to Nairobi Governor Mike Sonko, despite their oversight role in the county.
Legally, these senators should be held liable for their failure to perform their duties, rather than benefiting financially from the mess they created.
Experts in the engineering and architectural fields have failed to demand better standards in the construction industry, leading to numerous building collapses and deaths.
Public funds missing from accounting books or evidence going missing from court files often involve human hands and a corrupt mind, rather than mystery.
Instead of dismissing cases due to lost evidence, the responsible thing to do is to hold the custodian of the funds and the keeper of the evidential material accountable.
When vetting panels and institutions approve individuals with questionable integrity, they must also be held accountable for failing to act in accordance with the law.
Failure to act, by all cadre of people, is also punishable and can lead to the toppling of society.
Ms. Guyo is a legal researcher.