By Eric Wamanji
To gain a peek into Kenya’s corruption chest, you need to see a montage of newspaper headlines doing the rounds on social media.
It’s a scary catalogue of crime that is systemic, structured, and entrenched. No doubt the country is on the firm grips of a heartless cabal of crooks.
Sadly, neither have we locked up any prized architect nor recovered any substantial asset. The public is disenchanted. Indeed, it’s easier to yield. But no. We shouldn’t. The country, and indeed, graft busters can draw consolations and lessons from Brazil.
See, in 2014, sleuths in Brazil embarked on a routine mission to unravel a modest money-laundering racket. Then, by stroke of luck, they stumbled on an elaborate corruption web starring strategic state corporations mainly the giant oil company – Petroleo Brasilero S. A. popularly known as Petrobras.
The discovery triggered a robust, complex and dangerous mission to bring the culprits to justice.
The neatly knitted grand corruption scheme entangled a cartel of politicians, contractors and top dogs at Petrobras. Here, political appointees worked in cahoots with contractors to inflate contracts. Sounds familiar? The contractors paid mouth-watering kickbacks that rolled back to politicians.
Yet, at the end, prosecutors and judges successfully jailed over 150 top politicians and billionaires. It stunned everyone. To cap it all, the operation recovered about $12 billion (Sh 120, billion). By every metric, this was an unparalleled triumph in the history of Brazil where the rich and powerful were untouchables.
ROCKSTAR PRESIDENT
The sting did not spare the former rockstar president, Mr Lula da Silva. He is currently serving 12 years. It forced Mr Pedro Pablo, Peru’s president, to resign.
Dubbed ‘Operation Car Wash’, the intense exercise saw a concerted effort of the judiciary, the prosecutor, the public and the media to nail culprits.
The Car Wash Operation that has seen tens of academic papers, books and even films produced, was anchored on key doctrines deployable in any jurisdiction.
First, the squad working on the operation enjoyed a high degree of independence. Former President Dilma Rousseff is said to have fully supported the operations. Though in an ironic twist of fate, the zeal with which cases were prosecuted provoked the impeachment of Ms Rousseff.
PLEA BARGAIN
Second, the judges effectively deployed the instrument of plea-bargain. Suspects would enjoy leniency for cooperating and providing more information. This tactic helped detectives to gain more insights and scope that helped to nab more powerful and notorious operatives.
Interestingly, though anchored in our law – section 137 of the Criminal Procedure Code- the doctrine of plea bargain doesn’t seem to be a much favourite here in Kenya. The good news is that serious conversations are ongoing around it.
Third, there was the case of lengthy pre-trial detentions. Though highly controversial, this gambit worked magic. It triggered a series of juicy confessions. It also deterred suspects from returning to their offices and society to either intimidate witnesses or tamper with evidence.
Indeed, the lead judge, Sérgio Moro, knew too well that suspects would use their economic and political networks to frustrate investigations. This is a concern of Mr Noordin Haji, Kenya’s Director of Public Prosecution. Indeed, Mr Haji has previously expressed angst on the continued release of suspects who are allowed back to the very offices they are accused of having defiled.
Fourth, Judge Moro cleverly and strategically shaped media coverage around the operation. He became a master of leaks. He also directed the pre-dawn arrests and made sure the media was in tow.
MEDIA POWER
Media feeds well on optics. But then, extensive exposés help the public to understand the dynamics and scope of corruption. In Brazil, such coverage fired public emotions so much that the masses poured to the streets in protest. Sadly in Kenya, we are not angry enough. Either, the population cannot fathom the implications of mass plunder or it’s hopelessly timid.
Sadly, in Kenya we’re not angry enough.
And the revelations and heat that Operation Car Wash generated also helped to revolutionise the company law in Brazil. In 2016, the country introduced the State Companies Law with compliance frameworks for public and private companies where the state holds majority shares. This instrument strongly bars political appointees to the board or top management of state companies.
Yet, what is squeezing Kenya to death is the specter of political fusion with public agencies. Political cronies, mostly lacking in competence, ethics and patriotism are spread in every nook and cranny of state agencies. They are only beholden to their almighty masters. They reign with absolute criminality and impunity.
That is why Kenya needs a Judge Moro, an incorruptible fellow, a patriot whose country comes first. Lessons from Brazil aren’t new to any criminal justice system, but the passion, the patriotism, and the determination that Judge Moro and company displayed, are rare pearls – game-changers.M