Article by Diana Mwanzia
Legal Officer – Transparency International Kenya
Recent high-profile convictions, including of former Kiambu County Governor Ferdinand Waititu has sparked a flurry of reactions, with many hailing it as a rare victory in Kenya’s ongoing battle against corruption. Similar cases have been noticed, with the most recent one being the conviction of former Nyandarua Governor for procurement violations by awarding a tender to a company without adherence to procurement laws, currently awaiting sentencing; and past convictions such as former MP John Waluke, who was sentenced to 67 years in prison in 2020, though his conviction was later overturned by the Court of Appeal in 2024. Former Samburu County Governor Moses Lenolkunal was also convicted for embezzling Kshs. 84.5 million in a fuel supply scandal in 2024, with his appeal still pending.
While these convictions are a notable development, the reality remains that the war on corruption in Kenya is far from over. These convictions are a rare victory in the war against corruption because it shows that no one, even the political elites, is above the law.
But, beyond the headlines, does this signal a real turning point in Kenya’s battle against corruption, or is it just another clever trick by the system that they’re finally doing something about the issue?
The answer may lie in the gaps that continue to undermine the effectiveness of anti-corruption efforts in Kenya.
So, what is the problem?
Despite having strong institutions like the EACC and the ODPP, the reality is that corruption laws are more theoretical than practical. In more than one instances, powerful politicians, with their deep political connections, frequently dodge justice. It is not that Kenya does not have laws, but only that they seem to be applied selectively.
Political interference is like a stubborn cockroach that keeps resurfacing, no matter how many times you try to get rid of it. When it comes to corrupt politicians, it is less about ‘you did wrong, now you must face the consequences’ and more like ‘Who’s your buddy? Who’s on your team?’. It is because of this that the corrupt keep winning. It is not the first time that Kenya has witnessed instances where cases are dropped or withdrawn when the accused is nominated for a public office.
So, while the conviction of Waititu may look like a win, how many cases involving politicians are slowly and quietly getting swept under the rug due to political interference?
Lest we forget, these cases are usually reported through whistle-blowers. Yet, the existing laws do not offer adequate witness protection resulting to these witnesses being threatened or intimidated with no recourse or remedy on protection. Yet we wonder why witnesses and whistle-blowers are afraid of coming forward or testifying. Imagine you have information you’d want to report on a corrupt politician, but suddenly, you start getting threatening calls or strange visits from people who definitely are not your friends and wondering if you’ll be abducted. Of course, you will think twice to report or testify. Without witnesses, many corruption cases fall apart faster than a house of cards.
Now, if you file such reports with the EACC, what follows is years of investigations. But when the case finally reaches the DPP for prosecution, it’s nearly impossible to predict what will happen next. Some cases are pursued with a vigour that seems ‘almost…personal’, while others are either ignored or quietly dropped. Again, the selective prosecution goes back to the political interference that never dies. Not only that, where the case is finally filed in court, the case drags for years. By the time the trial concludes, many cases have lost their bite. It’s like watching a race where the finish line keeps getting pushed further away, and the runners keep getting tired.
Finally, not only is Kenya faced by political interference, selective prosecution, delayed justice, compromised investigations and witness intimidation in fighting against corruption, Kenya is also faced by lack of public accountability mechanisms. When these cases are withdrawn under dubious circumstances, the public is left with little recourse. Citizens are left scratching their heads wondering why a case involving millions of stolen taxpayer money just fizzled out. There is no real mechanism for holding institutions accountable when they fail to deliver justice, which only deepens the public cynicism.
Can we hope for Change?
While the convictions are certainly a step in the right direction, Kenya’s fight against corruption is far from over. The gaps in the system are too large and corruption is too entrenched. It is not just about securing convictions; it is about creating a system where corruption is no longer able to thrive in the shadows. So while small victories are celebrated, let us keep pushing for systemic change and make sure that this battle does not end with just few high-profile convictions.
Kenya should rethink how it handles convicted corrupt politicians. Instead of giving them an option to pay a fine or serve a sentence, it needs to be straight-forward; if they are convicted, they serve a jail sentence. No more bargaining over money. It’s time for real consequences. And on top of that, once they are convicted, they should be permanently barred from running for public office. It is about time we hold leaders accountable with serious and lasting penalties. Because, let’s face it, a victory over corruption is only as good as the laws, functioning institutions, political goodwill and public that back it up. And until that happens, we will just keep getting headline-grabbing moments with little to show for them.
