Corruption in Judiciary and Its Effects on Public Delivery (Research Paper Sample)

Corruption in Judiciary and Its Effects on Public Delivery
Student’s Name
University
Abstract
Background: Corruption is an illegal or dishonest behavior usually practiced by those in position of power for their self-gain. In Kenya, corruption is a day-to-day life of most citizen and the recent survey carried out by IPSO synovate put the country in the third position among the most corrupt countries in the world. It later showed that all sectors in Kenya practice corruption (Aburish, Said, 2001).
This paper researches on corruption in judiciary and its effect on public service delivery and access to justice in Kenya. The study looks upon the critical analysis of various written documents or different articles that have expansively researched on corruption in judiciary and how it hinders access to justice in Kenya. In addition, their study methods are compared to facilitate the outlining of appropriate conclusion. All the used documents or articles were extensively read and identified their relevance to the research topic (Acemoglu, D. and T. Verdier 2001)..
Results: Corruption in judiciary is very rampart among all the department of justice from the high court judges down to the village elder. This is easily facilitated by high poverty rate in Kenya and making it one of the several factors that hinders the administration of justice in the country.
Conclusion and Recommendations: Several factors catapult the increase in corruption among the judiciary are outlined and how the government sugarcoats the issues. In addition, the government should put in place a hefty penalty to both the giver and the recipient to discourage the act.
Research Question
How do corruptions in judiciary affects public service delivery and access to justice in Kenya?
Table of Contents TOC \o "1-3" \h \z \u I.Introduction PAGEREF _Toc461304392 \h 2II.Forms of corruption in Judiciary in Kenya. PAGEREF _Toc461304393 \h 4III.Factors promoting corrupting corruption among the judiciary in Kenya. PAGEREF _Toc461304394 \h 10IV.Effects of judicial corruption in Kenya. PAGEREF _Toc461304395 \h 13V.How to fight corruption in the judiciary. PAGEREF _Toc461304396 \h 15VI.Importance of fighting corruption in the judiciary system in Kenya PAGEREF _Toc461304397 \h 17VII.Conclusion PAGEREF _Toc461304398 \h 19VIII.Reference PAGEREF _Toc461304399 \h 20
Introduction
Corruption is a complicated and multipart occurrence with several effects and causes, it exists on different customs and understandings in different settings. This act of corruption varies from a single action of payment that is unlawfully to pervasive practice of economic and political system. This problem is viewed as an individual, political, economic, or cultural moral problem Acemoglu, D. and T. Verdier 2001). By the definition of corruption, substantially exist from a wide range of the term “Misuse of power”, in addition to that the “moral decay”.
However, in studying corruption, it is a spread and cut across all discipline that ranges from a single corruption related scandal to a universal one. The study is economic, political, moral, and cultural problem in the country.
This convolution forms the basis for this research survey on how corruption affects public service delivery and access to justice in Kenya with the help of latest academic report in the research. The key goal of the survey is to outline the major causes that promote corruption in the judiciary in Kenya and base my argument on findings.
Corruption in judiciary has in the recent became one of the major issues that limit the administration of justice in Kenya. Judicial service are the fourth most corrupt department in Kenya after the Police department, Kenya revenue Authority and Kenya Ports Authority. (Aguilar, M. A., J.B.S. Gill and L. Pivio 2000).
Corruption or the C-word in judiciary is frequently practiced in Kenya, this is because of the trust that the government puts upon the judiciary and them misusing the trust and promoting their self-gains. This gives an explanation as to why Transparency International have not come up with a special category on judicial corruption. By taking to account that corruption in general is the heart of good governance according to such a dearth of this information, in addition to the fact that so many books, reports, journals and lectures have devoted to the problem (Aguilar, M. A., J.B.S. Gill, and L. Pivio 2000).
.The key cause that makes judicial corruption not easily identified is the fact the judicial process is viewed as triadic nature, involving more parties with them being in an adversarial capabilities. However, competition by different parties in front of a public official occurs frequently for instance in tender business. Such cases are very difficult to give out a ruling in Kenya that is, the party that part out with a bribe will easily come out victorious because both the judge and the affected party shall have mutually benefited from the tender(Aguilar, M. A., J.B.S. Gill and L. Pivio 2000).
The judiciary in Kenya as stated in the constitution should be independent, but in the real sense they have never been independent. The judicial outcomes are always being controlled by the legislative arm of the government that why the courts are often being referred to as political institution. For instance, if a judge wants to pass a ruling that is not in favor of a political leader, the judge will either be intimidated or sacked through a legislative act.
The nature of the conflict that is being looked into, promotes corruption in the judiciary service. The constitution always has some parts that contradict itself, so it is difficult to identify if the ruling given by the judge had some external influences or it was purely his/her decision. For example, two people who have committed the same crime might be given different jail term even though an individual might be innocent (Aguilar, M. A., J.B.S. Gill and L. Pivio 2000)..
Judges tend to overlay on witnesses information even if some witnesses are being staged managed to give out false information. This is another way corruption in being promoted in the judicial system in Kenya. Prosecution team hires and pays witnesses to give out false testimonies as directed so that the win the initial case.
Forms of corruption in Judiciary in Kenya.
Bribery- It is a form of payment in kind or monetary value that is exchanged in a corrupt circumstance. To receive or take a bribe is corruption and should be critically understood as an act of corruption. A bribe is viewed as a certain percentage of a contract, a fixed amount of money, or certain percentage, or any different courtesy in form of money, usually given to a person in power so that he/she might influence the outcome of a certain results. There are several corresponding terms to bribery. These are tips, kickbacks, and baksheesh, pay-offs, sweeteners, speed- and grease cash, that are examples of designs of corruption being carried out(Aguilar, M. A., J.B.S. Gill and L. Pivio 2000)..
Bribe is the main form of corruption in judiciary in Kenya that almost everybody popularly practices it. Research conducted shows that seven out of ten people in Kenya within an hour is either receiving or giving out bribe at that particular time. Following these instances, an individual who has committed an offence or in case of disputes, the judge seeks moneys so that he can rule in favor of giver. In addition to that individuals parade themselves as witness for hire so that after they are paid, they give out false information in favor of the client who has paid them. Lastly, money is being given out to the the prosecutor or the judge to tamper or misplace the evidences and this makes the case non-substantial. This hinders the administration of justice in Kenya(Aguilar, M. A., J.B.S. Gill and L. Pivio 2000).
Favoritism- this is a form of corruption where power is excessively abused by suggesting denationalization where an individual privatize everything and the nature of distributing state resources is highly biased and there is no consideration on how the resources came to existence whatsoever. Favoritism occur naturally to human being where they have the tendency of ignoring other people’s needs and abuse their power to pleas people of their choice for example, family friends or anybody they trust or they are close to. Favoritism is closely linked to corruption and it is therefore referred to as a corrupt sharing of state resources. In other circumstance, corruption can be termed as to the sister of corruption because it is the other side of the coin(Aguilar, M. A., J.B.S. Gill and L. Pivio 2000).
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In our area of study, favoritism is the desire of judicial officials, who have the mandate and power to administer fair justice upon the citizens, but they have their desired judgment that will favor the individuals they want to please in Kenya.
Client list favoritism is the day to day song among the officials in our judicial system today. This is whereby some judgments are administered in favor of the officials’ kin be it clan, family, ethnic, friend, or religious group. Favoritism as a form of corruption in judicial system has not only affected the issuing of judgments but also the issuing of jobs in the judiciary. This is whereby, job opportunities among judges, magistrates and in law firms are being given to friend and relatives of the people in power not looking at their qualifications this looking out, capable judges, magistrates and counsels from administering justice in Kenya thereby promoting corruption(Aguilar, M. A., J.B.S. Gill and L. Pivio 2000).
Favoritism forms a basic form of political scheme in Kenya, this is whereby the president has the constitution mandate or power to appoint the...