tribunal has no prosecutory powers but is widely expected to recommend the arrest and prosecutions of many of those implicated. More than 1,000 individuals have been informed by the chairman of the Goldenberg Commission, Justice Samuel Bosire, that they will be adversely mentioned at the commission. Among the most prominent are former president Daniel arap Moi, former vice-president and Minister of Education George Saitoti, former finance minister Musalia Mudavadi, two governors of Kenya’s central bank and numerous senior civil servants. However, at the time of writing there had been little sign of real progress. After sitting for close to one year, the legitimacy and impartiality of the Goldenberg Commission had been repeatedly questioned. Indeed, in mid-2004 cross-examination of Kamlesh Pattni pointed to the possibility of improper actions within the commission itself. Questions were asked about the veracity of his testimony, with allegations that he may have cut a deal to keep prominent members of the NARC government out of his testimony.
Playing to the donors While the government has appeared to be fighting corruption – both past and present – the public’s diminishing confidence has
dented its credibility. Where the government has institutionalised the fight against corruption, it has been accused of doing so principally for the benefit of donors. In February 2003 the president recalled parliament early, primarily to pass two bills: the Anti-Corruption and Economic Crimes Act and the Public Officer Ethics Act (see above). The intent of both is to institutionalise the fight against corruption, in the former, mainly by establishing a constitutionally protected independent anti-corruption body and, in the latter, by making it a statutory requirement for public officers to declare their wealth. Both bills were passed in record time. The passing of anti-corruption legislation was a key factor in securing large donor-aid commitments in December 2003, which had been suspended since 1991. By mid-2004, however, it was clear that the government–donor relationship had begun to unravel, precisely on the issue of corruption. Many observers, for example, questioned the effectiveness of the Public Officer Ethics Act. In July 2004, the British High Commissioner, Edward Clay, who had carved himself a niche as a negotiator between the warring factions in the government coalition, launched a scathing attack on corruption in the government. While the government reacted angrily, his remarks were met with widespread public support. Parselelo Kantai (TI Kenya)
Further reading TI Kenya: www.tikenya.org
Latvia Corruption Perceptions Index 2004 score: 4.0 (57th out of 146 countries) Conventions: Council of Europe Civil Law Convention on Corruption (signed February 2004; not yet ratified)
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