INTRODUCTION law relating to the elections of persons to

INTRODUCTION

According to the Anti-Corruption and Economic Crimes Act, 2011
pursuant to Article 79 of the constitution, corruption is defined as any
offense involving dishonesty in connection with any tax, rate or impost levied
under any act or under any written law relating to the elections of persons to
public office. It may also be defined as a form of dishonest or unethical
conduct by a person entrusted with a position of authority to acquire personal
benefit from the illegal action. It may take the form of bribery, embezzlement
or misappropriation of funds, fraud, and abuse of office or breach of trust. An
economic crime is defined as the offense involving dishonesty under any written
law providing for the maintenance or protection of public revenue

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Victims on the other hand are defined as anyone who suffers
injury, losses or hardships for any reason as a result of an illegal activity.
For the purpose of our research the illegal activities are corruption taking
the various forms. This research was mainly based on the country Kenya because
an article in the Star Magazine names Kenya as one of the leading countries in
corruption especially when it came to economic crimes which are a result of
corruption.

Kenya is the third most
corrupt country in the world. This is according to a survey on prevalence of
economic crimes released in Nairobi on the 26th of February 2016 by
an audit firm Price Waterhouse Coopers. (Standard Media) and number four in
East Africa (The Star.) The firm found that Kenya beat the rest of the world in
economic crimes such as embezzlement, bribery and procurement fraud. Something
worrying is that there is a declining confidence in the ability of law enforcers
to deal with these crimes. This is due to many powerful people going unpunished
after being found with cases of corruption.

The report comes after there
was  public anger over theft of public
resources following the loss of Sh791 million at the National Youth Service
(NYS) and the main suspects being Anne Waiguru the former Devolution Cabinet
Secretary and currently the governor of Kirinyaga County. This only supports
the citizen’s claims of the judiciary being unable to prosecute suspects in
such crimes and proves how much the country is still able to put such people in
offices. Investigations had been started on the alleged role of Kenyan
electoral officials in bribery by officials of a UK security printing firm to
win printing contracts for 2013 General Election materials. In the private
sector, a clique of top managers of Imperial Bank are in court for allegedly
stealing more than Sh34 billion from bank deposits. In most cases of economic
crimes, the perpetrators were mainly insiders, something that has been
confirmed by PwC’s findings.
Chief Justice ranted his frustrations in the
fight against corruption in the Judiciary, saying the country was being run by
criminal cartels working with politicians. “As long as I fight the
cartels and they are protected, you cannot achieve anything. You are taking
these people into a corrupt investigating system, through a corrupt
anti-corruption system, and a corrupt Judiciary,” Dr. Mutunga said.
President Uhuru Kenyatta appointed a tribunal to investigate bribery
claims against Supreme Court Judge Philip Tunoi. The judge is alleged to have
received Sh200 million to influence the outcome of an election petition.
Embezzlement is the most predominant economic crime in Kenya. Most respondents
in the PwC survey had encountered a case of embezzlement is a clear
indication of the level of theft by employees or State officials.(Standard
Newspaper) Weak systems predispose Kenya’s public resources to pilferage by
government officials, as reported in the latest report of the Auditor General.
The survey revealed that only a small percentage(1%)of Kenya’s national budget
for the previous financial year had been properly accounted for. And while
millions of ordinary citizens are starving, their elected representatives take
every opportunity to pocket citizen’s money. Half of Kenyan respondents in the survey
reported to have witnessed or given a bribe. These high levels of corruption
have been noted by luminaries(prominent people). During his trip to Nairobi in
July last year, US President Barack Obama described Kenya’s corruption levels
as historical. This theme was revisited by Pope Francis during his visit to Kenya
in November last year. The Pope said corruption was a “cancer” and
“a way of death” that was eating up the Kenyan society. The rates of
economic crimes in Kenya had dramatically risen to 17 per cent in one year,
making the country position three globally(Standard Magazine). There are other cases of corruption in
organizations in Kenya like the procurement field and the accounting books where
these books are cooked and a lot of funds pocketed by their employees.

CONCLUSION:

Corruption is a wide
topic and all over the world, it is becoming an increasing issue. In third
world countries it is even worse as people strive to get the available
resources which are scarce. For the rich, in these countries, they are powered
by greed and strive for power. Through corruption, they get their way and use
it to control the rest of the citizens. It has been hard to eradicate
corruption in most parts of the world even though there are huge penalties
attached to it. What we remain asking ourselves is how we are going to
completely eradicate this plague that is slowly eating up our society. As
earlier stated, the police agencies and the judiciary which are two institutions
that are to be trusted by the citizens are the most corrupt. What can we do
about it? With corruption increasing, it also increases the level, of criminal
activity in our society because people have the confidence that they will maneuver
their way out of the law by being corrupt. All in all, we strongly believe that
eradicating corruption starts with us. Not giving bribe sin exchange for
services would be a way to start of the process. WE should be guided by moral
autonomy which is the ability to deliberate and give oneself moral law says
Kant. Personal moral laws will enable us to follow the law as it is. In addition,
we need to put law abiding leaders in position. Most of the times during
elections, we end up electing greedy non concerned leaders to be the ones to
lead us. By doing so, we are encouraging corruption as they are the ones who mainly
get involved in such cases on a large scale. We need to stand up and elect
integral leaders who will lead us astray otherwise corruption will eat us all
up just like Obama stated during his visit in Kenya.

Derrick Omondi (2016, 26th February).
Standard Newspaper, Kenya ranked as third
most corrupt. Retrieved from https://www.standardmedia.co.ke/article/2000193065/survey-kenya-ranked-third-most-corrupt-country-in-the-world

Samuel
Karanja (2016, April 27th). Daily Nation Newspaper. Retrieved from http://www.nation.co.ke/news/Tribunal-ends-Sh200m-bribery-probe-Tunoi/1056-3269652-f3eflaz/index.html

Kamau
Muthoni (2016, July 28th). Standard Digital Media. Retrieved from https://www.standardmedia.co.ke/article/2000206812/judge-philip-tunoi-tribunal-will-not-make-verdict-in-report

Nancy
Agutu (2017, January 25th). The Star. https://www.the-star.co.ke/news/2017/01/25/kenya-4th-most-corrupt-country-in-east-africa-ti-index_c1494223