Thursday, January 20, 2005

Ndwiga not corrupt

As more and more calls have been made to the Kenya Anti-Corruption Authority (KACA) to investigate minister Ndwiga it is important to note what is at stake here.

Taking a loan from a parastatal within his ministry, manoeuvring to provide insurance services to another parastatal also within his ministry, and receiving a waiver meant to attract strategic investors from another minister are clearly unethical actions, but not corruption.

During the World Anti-Corruption Day activities last December, KACA Chairman, Justice Ringera was asked why he had not investigated MP’s for attending retreats at the Coast paid for by lobbyists who were pushing for controversial parliamentary bills. Justice Ringera said that those activities while being clearly un-ethical, did not constitute corruption as defined by the laws of Kenya. I predict a similar outcome here

Ndwiga loves loves free stuff, has shown poor judgment, and laziness (unable to pull a deal outside of his ministry - as other ministers are doing) but is not corrupt according to our laws.


Kenyan Pundit said...

There are conflict of interest (Ethics Act, admittedly not KACA territory) and abuse of office issues though(under the economic crimes act, abuse of office = corruption), and he appears to have violated Sec 41 of the Act by "improperly using his office or position to confer [an] advantage upon himself..." As for the stamp duty waiver, if every business that is "meant to attract strategic investors" got a waiver, people wouldn't have issues with it. Lakini ati buying a plot? Hell, someone who buys a plot to build houses for expats should qualify. 6 million kshs is not a lot of money is the large scheme of NARC corruption, Ndwiga should have just paid the money and killed the story right there...these guys need PR strategists (not Alfred Mutua!).

M said...

Dictionary definition: "lack of integrity or honesty (especially susceptibility to bribery); use of a position of trust for dishonest gain"

Ndwiga claims that he qualifies for the exemtpion of the stamp duty because he's exporting goods. Then in one fell stroke every last company that exports anything should qualify for the waiver!

In addition, with regards to the insurance tender, it is a colossal conflict of interest in his company getting the tender. However the fact that he got the tender using criteria other than merit tips the balance in the direction of corruption.

And finally everyone is crying foul over Moi's actions in rewarding his buddies and lieutenants with land and other gifts. To-ma-to/to-ma-toe!


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