How Corruption Undermines Human Rights and Justice in Kenya (Article Sample)

How Corruption Undermines Human Rights and Justice in Kenya
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April, 2016
Contents TOC \o "1-3" \h \z \u Definition of Key Terms PAGEREF _Toc447887409 \h iii1.Introduction PAGEREF _Toc447887410 \h 12.Corruption in Kenya PAGEREF _Toc447887411 \h 13.Corruption and Violation of Human Rights in Kenya PAGEREF _Toc447887412 \h 23.1.Corruption Seriously Inhibits the Realisation of Economic, Social, and Cultural Rights PAGEREF _Toc447887413 \h 33.2.Corruption Introduces Uncertainties and Discourage Investments PAGEREF _Toc447887414 \h 33.3.Corruption Perpetuates Discrimination PAGEREF _Toc447887415 \h 33.4.Corruption Tilts Justice PAGEREF _Toc447887416 \h 43.5.Corruption Infringement of Numerous Civil and Political Rights PAGEREF _Toc447887417 \h 43.6.Corruption Negatively Impacts Rule of Law, Governance and Social Justice PAGEREF _Toc447887418 \h 43.7.Corruption is Linked to Human Rights Abuses, Terrorism and Organized Crime PAGEREF _Toc447887419 \h 53.8.Corruption Negatively Impacts Security and Infrastructure PAGEREF _Toc447887420 \h 53.9.Corruption Leads to Attack on the Right to Information PAGEREF _Toc447887421 \h 53.10.Corruption Reverses Institutional Functionality of the Justice System PAGEREF _Toc447887422 \h 63.11.Corruption Steals Political and Civil Rights PAGEREF _Toc447887423 \h 6Conclusion PAGEREF _Toc447887424 \h 7References PAGEREF _Toc447887425 \h 7
Definition of Key Terms
Corruption:- Dishonest or illegal behaviour especially by powerful people (such as government officials or police officers)
Human Rights:- The basic rights and freedoms to which all humans are considered to be entitled, often held to include the rights to life, liberty, equality, and a fair trial, freedom of speech, among others
Justice:- An ideal of accountability and fairness in the protection and vindication of rights and the prevention and punishment of wrongs;
Rule of Law:-principle of governance in which all persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards.
1 Introduction
The case of Kenya is illustrative of how the return of grand corruption can derail the reform agenda. Initially, the country took some brave actions to counter corruption, enacting new good laws, instituting a public judicial inquiry into a major past corruption scandal and suspending and sacking public officials suspected of engaging in corruption. Soon, disturbing questions about the government’s commitment to fighting corruption began to emerge as a result of scandals affecting procurement in the secretive world of national security. These have dealt a serious blow to the credibility of government’s reform efforts.
This article discusses how corruption undermines human rights and justice in Kenya. It shows with examples the nature of its effects in the observance of human rights.
2 Corruption in Kenya
The Government of Kenya has scaled up its efforts to decisively and conclusively deal with the scourge of grand corruption. Kenya is in the international limelight following the corruption allegations made by former Government officers against senior officials. The Government of Kenya has been engaged in a difficult but sustained war against corruption. When the present Government was elected slightly four years ago, corruption in Kenya had attained endemic proportions. It had become a way of life and was accepted in official circles as a means of accumulating wealth and power. The previous regime officially sanctioned corruption (Mutua, 2001).
From the outset, the current government was determined to wage a sustained war against corruption. Very early in its efforts, the Government realised that this war could not be won without effective institutions -- to develop appropriate policies, conduct investigation, undertake prosecutions, determine cases, and create awareness against the vice (Mutua, 2001).
Over the past three years, many criminal and civil cases have been filed in court against perpetrators of corruption. Anti-corruption legislation has also been enacted to underpin the Government’s efforts against the vice. However, most of these cases have not been heard due to a new wave of constitutional applications by the suspects intended to paralyse the hearings. Sometimes, professionals -- including lawyers -- are aiding and abetting major corruption scandals by incorporating dummy companies, channelling ill-gotten wealth into foreign accounts and placing obstacles in the way of corruption prosecutions by raising sometimes unmeritorious constitutional applications (Mutua, 2001).
This very serious threat to the criminal justice system is being dealt with. The Judiciary has responded by enacting rules that will facilitate and expedite hearing of such applications in order to enable the wheels of justice to turn. Despite these substantial achievements within such a short period, significant challenges stand in the way of a successful campaign against corruption. Corruption in Kenya taints even the Judiciary and thus corruption ends up being a serious scourge against human rights.
3 Corruption and Violation of Human Rights in Kenya
Corruption is a crime against humanity and amounts to a gross violation of individuals’ rights and freedoms. It also poses a threat to democracy. When a government or country fails to curb corruption, it also fails to fulfil its obligation to promote, protect and preserve the fundamental rights of people. It perpetuates discrimination, prevents the full realisation of social and economic rights and violates fundamental civil and political rights such as the right to free and fair elections. Corruption seriously undermines the protection and enjoyment of human rights in a number of respects.
1 Corruption Seriously Inhibits the Realisation of Economic, Social, and Cultural Rights
Corruption in particular diverts resources from the intended public use in realisation of rights to decent livelihoods into private bank accounts. Besides creating sudden and extreme income inequalities, the diversion of these kinds of resources causes massive human deprivations. It also causes distortion of government expenditure by diverting public resources away from proper expenditure, such as health and education, towards large capital projects where bribes are higher. In addition, when public contracting is conducted corruptly, it results in sub-standard and overpriced goods and services (Gruskin, 2013).
2 Corruption Introduces Uncertainties and Discourage Investments
Corruption also introduces uncertainties into the economic environment, which discourage investments that are critical for economic growth and poverty alleviation (Gruskin, 2013). It is particularly harmful to the poor because the bribes they pay constitute a greater share of their income. The poor are also more dependent on public services. Corruption therefore worsens poverty and inequality within societies.
3 Corruption Perpetuates Discrimination
Whereas the Universal Declaration of Human Rights, for example, provides that all human beings are born free and equal in dignity and rights, and the International Convention on Civil and Political Rights provides equality as well as equal protection before the law, corruption makes a mockery of these entitlements. It confers a privileged status on those who bribe – such preferential treatment secured through the payment of a bribe constitutes discrimination.
4 Corruption Tilts Justice
Corruption is particularly harmful and poses great dangers when it becomes pervasive in law courts. By tilting the scales of justice, corruption denies citizens their right to legal redress when their freedoms are violated. In this way, a person’s rights to a fair trial and recognition as an equal person before the law are violated (Mutua, 2001).
5 Corruption Infringement of Numerous Civil and Political Rights
Corruption leads to the infringement of numerous civil and political rights. When corruption permeates politics, for example, and electoral outcomes are determined through vote buying and bribery, citizens are denied their right to political participation (Mutua, 2001). Their rights to vote through universal and equal suffrage are, therefore, greatly watered down. The consequences include incapable and weak leaders, patronage and sycophancy and the erosion of democratic principles.
6 Corruption Negatively Impacts Rule of Law, Governance and Social Justice
The traditional relationship between corruption and human rights is always a negative one. In the words of the Council of Europe, corruption threatens the rule of law, democracy and human rights, undermines governance, fairness and social justice, distorts competition, hinders economic growth and endangers institutions and moral foundations of society (Justice, 2014). There is need to establish mutually reinforcing institutional and legal frameworks, strengthen complementing legal framework and increase involvement of nat...