REPUBLIC OF KENYA 

 

STATEMENT BY HON KI RAITU MURUNGI, MP, MINISTER FOR JUSTICE AND CONSTITUTIONAL AFFAIRS AND HEAD OF DELEGATION

 

AT THE HIGH LEVEL POLITICAL SIGNING CONFERENCE OF THE UN CONVENTIONAGAINST CORRUPTION IN MERIDA, MEXICO - 9-11TH DECEMBER, 2003

 

Mr. President,

 Distinguished Delegates,

 Ladies and Gentlemen,

 

It is a great honor and privilege for my delegation to join other delegations in this beautiful city of Mérida to sign the UN Convention Against Corruption. I wish to express our deep and sincere appreciation for the warm welcome and hospitality extended to us by the Government and the great people of Mexico since our arrival.

 

Mr. President,

Our presence at this historic gathering is an expression of our firm commitment and determination to strengthen our common endeavors in the fight against corruption in all its forms and manifestations and at all levels.

 

The realization of the aims and objectives of this remarkable international instrument has a special relevance to our struggle against corruption in Kenya. No other issue has captured more attention in our Government's reform agenda since we took over in January this year, than the fight against corruption. This is because Kenya has been one of the most corrupt nations on Earth.

 

Mr. President,

It is not by accident that Kenya has become the first nation to sign and ratify this Convention. Corruption for us has reached endemic proportions in our society. It has ruined our schools and hospitals. It has destroyed our agriculture and industries. It has "eaten up" our roads and jobs. It has robbed, looted and plundered our resources. It has killed our children. It has destroyed our society. Our Government has identified corruption as the principal structural bottleneck to all our development efforts. It is the fundamental cause of our high levels of poverty, unemployment and social backwardness.

Indeed, consistent with our election pledge, the Government of President Mwai Kibaki has placed the fight against corruption at the top of its priorities.

Immediately upon being sworn in as the 3rd President of the Republic of Kenya on 30th December, 2002, President Kibaki declared total war against corruption thus ushering in a new policy of zero tolerance to corruption. For the first time in Kenya's history, a Department of Ethics and Governance in the Office of the President, was created to spearhead the war.

 

In addition, the Government enacted two laws, which contain an elaborate institutional legal and regulatory framework for the fight against corruption. These are the Anti-Corruption and Economic Crimes Act and the Public Officer Ethics Act, both of 2003.

The first Act expands the definition of corruption and economic crime to include various forms of abuse of office, conflict of interest, misappropriation, theft and plunder of public resources. It also establishes a powerful anti-corruption commission with investigative, prevention, public education and asset recovery functions.

 

The second Act legislates mandatory separate codes of conduct for all public officers, including members of Parliament, the Judiciary, Civil Service, Co-operative societies, Local Government and the public corporations sector. The codes of conduct, which are legally enforceable, prohibit corruption, conflict of interest, ethnicity, and nepotism in the public service.

These two pieces of legislation will provide a sound foundation for the implementation of the provisions of this Convention, when it enters into force.

The Government has carried out a "'radical surgery" of the Judiciary, in which, 6 out of 11 judges of the Court of Appeal, 17 out of 36 High Court judges and 82 out of 252 magistrates have been suspended on allegations of corruption. This is the most far reaching reform of the Judiciary in the history of the Commonwealth.

The Government is aware that corruption is a complex moral, social, political and economic problem, which transcends the limits of law, crime and punishment. It is fundamentally a question of personal morality, ethics and culture.

 

To attack the social and cultural roots of corruption, the Government with the support of the World Bank, Transparency International, religious organizations, the private sector and civil society organizations, have launched a massive 5-year National Campaign Against Corruption. The Campaign, is intended to be a multi-sect oral public awareness campaign similar to our national campaign against HIV/AIDS.

 

Mr. President,

Distinguished Delegates,

 

We are happy that the Convention provides a framework for stronger co-operation between states to prevent, 'detect, search and return the proceeds of corruption. We hope to use this provision to recover billions of Kenyan shillings stolen from our country and hidden in off-shore accounts.

 

The fight against corruption is a collaborative process requiring intervention, support and assistance of others. We are working in partnership with the African Parliamentarian Network Against Corruption (APNAC) and the Global Organisation of Parliamentarians Against Corruption - (GOPAC). We intend to play a key role to support this Convention by promoting the ratification of the African Union (AU) Convention Against Corruption.

 

Mr. President, for us in Kenya, the fight against corruption is a matter of life and death. It cannot wait for tomorrow. The time is now. We believe we are doing the right thing by ratifying this Convention today. We call on other states to build on this momentum and to follow the signatures they have appended here in Mérida with ratification, and implementation at practical level. We will ultimately be judged by our actions and not by the beautiful speeches we are making here today. We want to send a strong and clear message that the international community is determined to work together to eliminate corruption from the face of the Earth.

 

Mr. President,

 Fellow Delegates,

I THANK YOU.