The drama in Kenyan courtrooms in the past few months should tell us that it will be impossible to convict and jail any of the tens of Kenyans in the docks charged with stealing public money.
The lawyers are always strident: Innocent until proven guilty!
They definitely also know that defamation is a costly affair in the Kenyan court system.
So, no sober public prosecutor would arraign suspects in court unless they have some file outlining the indiscretions of the charged individual whilst serving in public office.
The difficulty with convicting the men and women (it used to be men only for a long time) accused of misappropriating or wasting public money arises from the very same lawyers appearing to defend the culprits.
It is the lawyers who would most likely have arranged for the smooth transfer of the stolen money — with the help of bankers — into offshore accounts, trusts, family accounts, property or even keeping the money on behalf of the accused.
They simply know more about how the money was looted, where it is deposited, what forms it may have changed into and how inaccessible it is than the prosecutors will ever know.
This means they are better resourced and prepared to defend their clients compared to the State prosecutors.
Reading The Panama Papers: Breaking the Story of How the Rich & Powerful Hide Their Money (2017) leaves no doubt that arresting suspected embezzlers of public wealth is an insignificant step in the effort to deal with corruption. The lawyers for thieving public officers build several walls between their clients and the prosecuting offices/officers. They make it quite difficult to not only legally trace and identify but also recover the stolen money.
Why, according to the authors of The Panama Papers offshore accounts, companies and dealings means that one individual can create several entities — which cannot be directly traced back to him or her — that ‘own’ or hold property on behalf of the faceless individual. In between them is a lawyer or a law firm.
Panama, after which the book is named, is one of the most preferred offshore destinations for stolen money, money from illicit businesses and money laundering.
But there are so many such countries in the world today that would be willing to look the other way as illicit wealth is banked and hidden in their financial institutions.
But one key argument about what has been called the ‘shadow economy’, one in which money flows freely within and between countries, 24 hours, 7 days a week, is the centrality of lawyers to the whole process of theft and baking of public resources.
Without doubt the lawyers will offer a caveat and argue that they are simply working to earn a living by looking after the interests of their clients, and that their work ethics demand that they keep certain aspects of that relationship confidential.
That explanation may be logical but it is unsatisfactory.
Are we talking about morality here? Not necessarily. Is it about consciousness? Perhaps not. Then what is it about?
Put another way, what does it mean to the larger society when billions of dollars are stolen and stashed abroad, money that is public and would have immensely improved the lives of almost everyone in the society? It would have built hospitals, bought medicine, paid for new roads and equipped schools.
What legal argument will satisfy the hunger for jobs by the millions of Kenyan youth whose Youth Fund billions simply disappeared? Is there a legal explanation that would placate a terminally ill patient who can’t receive pain-relieving medication because someone siphoned into his personal account money meant to busy medicine?
There can’t be a lawful explanation to the public for how the disappearance of billions of shillings from a public company increased the taxes they paid for one commodity or another.
Can it really be true that all the individuals accused of corruption in the recent past were unfairly charged and were actually clean?
How is it that in other parts of the world individuals found to have stolen public money are often prosecuted and jailed or enter into a plea bargain with the prosecutor’s office, receiving lesser sentences after agreeing to return some of the stolen wealth? Is the case of Kenya so special that nearly in all cases of corruption involving billions of shillings, no single individual has ever been jailed and forced to forfeit the ill-gotten property to the public?
If Goldenberg and Anglo Leasing the most recent standard measures of theft of public money, they clearly set a very high bar for successful prosecution of culprits.
No individual accused to have received a substantial share of the loot in these mega-scandals was ever successfully indicted.
What does this history tell us about the current theatre playing out in the courtrooms?
That the smiling suspects know something we don’t know — they will weather the storm through legalese and gain their freedom.
Public officers above 58 years and with pre-existing conditions told to work from home: The Standard
Head of Public Service Joseph Kinyua. [File, Standard]
In a document from Head of Public Service, Joseph Kinyua new measure have been outlined to curb the bulging spread of covid-19. Public officers with underlying health conditions and those who are over 58 years -a group that experts have classified as most vulnerable to the virus will be required to execute their duties from home.
However, the new rule excluded personnel in the security sector and other critical and essential services.
“All State and public officers with pre-existing medical conditions and/or aged 58 years and above serving in CSG5 (job group ‘S’) and below or their equivalents should forthwith work from home,” read the document,” read the document.
To ensure that those working from home deliver, the Public Service directs that there be clear assignments and targets tasked for the period designated and a clear reporting line to monitor and review work done.
SEE ALSO: Thinking inside the cardboard box for post-lockdown work stations
Others measures outlined in the document include the provision of personal protective equipment to staff, provision of sanitizers and access to washing facilities fitted with soap and water, temperature checks for all staff and clients entering public offices regular fumigation of office premises and vehicles and minimizing of visitors except by prior appointments.
Officers who contract the virus and come back to work after quarantine or isolation period will be required to follow specific directives such as obtaining clearance from the isolation facility certified by the designated persons indicating that the public officer is free and safe from Covid-19. The officer will also be required to stay away from duty station for a period of seven days after the date of medical certification.
“The period a public officer spends in quarantine or isolation due to Covid-19, shall be treated as sick leave and shall be subject to the Provisions of the Human Resource Policy and procedures Manual for the Public Service(May,2016),” read the document.
The service has also made discrimination and stigmatization an offence and has guaranteed those affected with the virus to receive adequate access to mental health and psychosocial supported offered by the government.
The new directives targeting the Public Services come at a time when Kenyans have increasingly shown lack of strict observance of the issued guidelines even as the number of positive Covid-19 cases skyrocket to 13,771 and leaving 238 dead as of today.
SEE ALSO: Working from home could be blessing in disguise for persons with disabilities
Principal Secretaries/ Accounting Officers will be personally responsible for effective enforcement and compliance of the current guidelines and any future directives issued to mitigate the spread of Covid-19.
Uhuru convenes summit to review rising Covid-19 cases: The Standard
President Uhuru Kenyatta (pictured) will on Friday, July 24, meet governors following the ballooning Covid-19 infections in recent days.
The session will among other things review the efficacy of the containment measures in place and review the impact of the phased easing of the restrictions, State House said in a statement.
This story is being updated.
SEE ALSO: Sakaja resigns from Covid-19 Senate committee, in court tomorrow
Drastic life changes affecting mental health
Kenya has been ranked 6th among African countries with the highest cases of depression, this has triggered anxiety by the World Health Organization (WHO), with 1.9 million people suffering from a form of mental conditions such as depression, substance abuse.
Globally, one in four people is affected by mental or neurological disorders at some point in their lives, this is according to the WHO.
Currently, around 450 million people suffer from such conditions, placing mental disorders among the leading causes of ill-health and disability worldwide.
The pandemic has also been known to cause significant distress, mostly affecting the state of one’s mental well-being.
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With the spread of the COVID-19 pandemic attributed to the novel Coronavirus disease, millions have been affected globally with over 14 million infections and half a million deaths as to date. This has brought about uncertainty coupled with difficult situations, including job loss and the risk of contracting the deadly virus.
In Kenya the first Coronavirus case was reported in Nairobi by the Ministry of Health on the 12th March 2020. It was not until the government put in place precautionary measures including a curfew and lockdown (the latter having being lifted) due to an increase in the number of infections that people began feeling its effect both economically and socially.
A study by Dr. Habil Otanga, a Lecturer at the University of Nairobi, Department of Psychology says that such measures can in turn lead to surge in mental related illnesses including depression, feelings of confusion, anger and fear, and even substance abuse. It also brings with it a sense of boredom, loneliness, anger, isolation and frustration. In the post-quarantine/isolation period, loss of employment due to the depressed economy and the stigma around the disease are also likely to lead to mental health problems.
The Kenya National Bureau of Statistics (KNBS) states that at least 300,000 Kenyans have lost their jobs due to the Coronavirus pandemic between the period of January and March this year.
KNBC noted that the number of employed Kenyans plunged to 17.8 million as of March from 18.1 million people as compared to last year in December. The Report states that the unemployment rate in Kenya stands at 13.7 per cent as of March this year while it stood 12.4 per cent in December 2019.
Mama T (not her real name) is among millions of Kenyans who have been affected by containment measures put in place to curb the spread of the virus, either by losing their source of income or having to work under tough guidelines put in place by the MOH.
As young mother and an event organizer, she has found it hard to explain to her children why they cannot go to school or socialize freely with their peers as before.
“Sometimes it gets difficult as they do not understand what is happening due to their age, this at times becomes hard on me as they often think I am punishing them,”
Her contract was put on hold as no event or public gatherings can take place due to the pandemic. This has brought other challenges along with it, as she has to find means of fending for her family expenditures that including rent and food.
“I often wake up in the middle of the night with worries about my next move as the pandemic does not exhibit any signs of easing up,” she says. She adds that she has been forced to sort for manual jobs to keep her family afloat.
Ms. Mary Wahome, a Counseling Psychologist and Programs Director at ‘The Reason to Hope,’ in Karen, Nairobi says that such kind of drastic life changes have an adverse effect on one’s mental status including their family members and if not addressed early can lead to depression among other issues.
“We have had cases of people indulging in substance abuse to deal with the uncertainty and stress brought about by the pandemic, this in turn leads to dependence and also domestic abuse,”
Sam Njoroge , a waiter at a local hotel in Kiambu, has found himself indulging in substance abuse due to challenges he is facing after the hotel he was working in was closed down as it has not yet met the standards required by the MOH to open.
“My day starts at 6am where I go to a local pub, here I can get a drink for as little as Sh30, It makes me suppress the frustration I feel.” he says.
Sam is among the many who have found themselves in the same predicament and resulted to substance abuse finding ways to beat strict measures put in place by the government on the sale of alcohol so as to cope.
Mary says, situations like Sam’s are dangerous and if not addressed early can lead to serious complications, including addiction and dependency, violent behavior and also early death due to health complications.
She has, however, lauded the government for encouraging mental wellness and also launching the Psychological First Aid (PFA) guide in the wake of the virus putting emphasis on the three action principal of look, listen and link. “When we follow this it will be easy to identify an individual in distress and also offer assistance”.
Mary has urged anyone feeling the weight of the virus taking a toll on them not to hesitate but look for someone to talk to.
“You should not only seek help from a specialist but also talk to a friend, let them know what you are undergoing and how you feel, this will help ease their emotional stress and also find ways of dealing with the situation they are facing,” She added
Mary continued to stress on the need to perform frequent body exercises as a form of stress relief, reading and also taking advantage of this unfortunate COVID-19 period to engage in hobbies and talent development.
“Let people take this as an opportunity to kip fit, get in touch with one’s inner self and also engage in reading that would help expand their knowledge.