We are at war, make no mistake. 2011 is a watershed year in the War Against Corruption. The opening salvo by the Kenya Anti-Corruption Commission (soon to be converted into an independent ethics and anti-corruption commission) was against Henry Kiprono Kosgey for his role in the illegal importation of vehicles that had out-lived their eight-year limit. We will not mention his role in the appointment of the Director of the Kenya Bureau of Standards in the face of opposition from the national Standards Council, his very own Permanent Secretary, and against the interests of the people of Kenya. William Ruto is being tried for corrupt offences he committed in his past, where he was involved in a deal where public land was sold without following due process and the people of Kenya not getting a fair price for the land. George Saitoti, in the dying days of 2010, deemed it necessary to inform the National Assembly of the men he was investigating in connection with the trafficking of illegal drugs. As a result, John Harun Mwau has resigned his position as Assistant Minister for Transport. The KACC set the tone in 2010 when it participated in a ceremony where illegally and irregularly acquired land in Nairobi was handed back to the City Council of Nairobi.
Until the promulgation of the Constitution, impunity in Kenya had become a fact of life. We were resigned to exposes of financial crimes and other abuses of office by our leaders knowing full well that nothing would be done. Indeed, the Goldenberg Affair set the tone for the manner how prominent Kenyans, who had been accused of fleecing the nation of billions in shillings, would walk away Scot-free to enjoy their ill-gotten gains. Ironically, John Harun Mwau was our first anti-corruption czar. he was turfed out by the Moi regime for deeming it within his mandate to investigate a sugar scam way back in the late 1990s. In the decade since his ouster, we have had the lucklustre performance of Aaron Ringera at the helm of the KACC. Under his watch, the Anglo-Leasing and Triton scandals erupted without an investigation file being opened. When monies from the Anglo-Leasing scandal were 'returned', were left ignorant of where the monies came from and who was responsible for the magnanimity.
Under PLO Lumumba, once of the ill-fated Constitution of Kenya Review Commission, Kenyans are beginning to hope that their leaders will no longer walk all over them with impunity. Jakoyo Midiwo, the Gem ODM Mp, is on record that the anti-corruption sword must cut both ways and that it should not target ODM leaders alone. He forgets that the likes of Henry Kosgey dd not cut their teeth in the Orange Democratic Movement, but made their bones under the perfidious regime that was President Moi's. Mr. Kosgey was involved in at least two Moi Era scams: the KES 200 million swindle that took place during our hosting of the All Africa Games in 1987 and the bankruptcy of the Kenya National Assurance Corporation. He is no innocent babe-in-the-woods, but a dyed-in-the-wool student of the Moi Way of Doing Things.
The yet-to-be-constituted National Land Commission will have its work cut out for it, for a majority of the corruption that flourished between 1963 and 2003 revolved around the touchy matter of land. After Independence, President Kenyatta amassed a fortune to surpass all fortunes in land. At one time, it was estimated he owned whole districts. This is the wealth that young Uhuru Kenyatta was born into. Jaramogi Oginga Odinga used the Luo Thrift Association to amass a similarly impressive portfolio, that was inherited, in part, by his sons, Oburu and Raila Odinga. William Ruto and Cyrus Jirongo cut their teeth in the infamous YK '92, amassing fortunes during the period when Kenya was fighting for political and civil rights in the face of a staunch opposition from the operators in Moi's KANU machinery. Mr. Jirongo is a prominent landowner in the Rift Valley, especially in areas surrounding the restive Mt. Elgon where land settlement schemes have foundered in the face of political interference.
The greatest opposition to the Referendum of 2010 came from those who had amassed great property and wealth from the land swindles that were documented in the Ndung'u Report. To reverse these swindles, the NLC ad the KACC must not waver. In pursuing the crooks who stole with impunity, these two commissions must ensure that the land reverts to its true owners, that Kenyans are told the truth about the men and women they call Waheshimiwa. The baby steps that we have taken so far should gradually develop to firm strides in the direction of full disclosure and full accountability. If in the process sacred cows are sacrificed in the altar of anti-corruption, so be it. These are not leaders that this country deserves in its period of transition. Therefore, we must stand fast and offer our whole-hearted support to PLO Lumumba and anybody else who takes them on. For in standing together against impunity we may yet re-discover the spirit of nationhood that so infused this nation in 1963.
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