Friday, May 04, 2007

Judicial Theatre (Punch & Judyciary)

The indispensable role that the Kenyan judiciary, especially the higher judiciary (High Court) plays in the maintenance, support and valorous defence of corruption in Kenya, cannot be underestimated. Corruption could not and still cannot think of an ally more loyal, more steadfast, and more reliable, to jump in at its beck and call whenever necessary.

True to the spirit of "sector-wide" approach (elegantly vested from the hands of GJLOS, and turned against its inventors), the judiciary's operations in favour of corruption are manifold and multi-pronged, but that would be the topic for a more thorough article than I can write right now. Rather, I want to single out only one very specific and very telling incident. It is to Mwalimu Mati (formerly of Transparency Kenya) that I am ingratiated for making the case public; the KACC has not commented on it in its press releases (maybe due to shyness or uneasiness, maybe due to a wrong understanding of the quaint and increasingly dysfunctional "sub judice" rules of Common Law tradition), and the Kenyan print media once again seem to be united in a conspiracy of silence.

In line with KACC boss Aaraon Ringeera's pronouncements in the USA, Chris Makau's reviews the Kenyan Judiciary's role in the fight against corruption, arguing that some of these decisions may be promoting rather than curtailing corruption. Read the rest of the assessment here.