Wednesday, November 29, 2006

Has Corruption been Legalised in Kenya?

"The AG as the principal legal adviser of the Government entered into a contractual agreement with the Nedermar Technology BV. This in essence locked out all agencies from the deal. KACC cannot move in now to investigate the security contract."

So declared Mr Justice Joseph Nyamu of the High Court when he stopped the Kenya Anti-Corruption Commission (KACC) from investigating businessmen Andrew Burnard Pritpal Singh Thetty, who are suspected to be harbouring crucial information relating to the Kshs 2.7 billion Anglo-Leasing security contract.

Now, I'm no lawyer but that sounds like the High Court is saying that any deal that meets with the AG's approval cannot thereafter be investigated by other agencies. Since the AG advises the government on all deals, the verdict essentially means that no government contracts can be investigated. If I'm right, then the doors of hell have just been kicked wide open. Any lawyer who can help decipher this?


Anonymous said...

This is called Narcoprudence. It has neither head nor tail. Our judiciary was severely emasculated by Kiraitu Murungi and Ringera in 2003. It cannot deliver coherent judgments in politically sensitive cases.

coldtusker said...

One word answer: Yes