Role of Media Exposés – Ruminations on Kenya’s record of High Level Crimes and Grand Corruption Scandals

The 'Artur Brothers' - Picture Courtesy of The Standard. 

Yesterday’s widely viewed KTN feature Jicho Pevu aka. The Untouchables – a feature viewed within the country and certainly went viral online clearly awakens us to the reality that we a governed over by a bunch of hoodlums who will stop at nothing to quench their unquenchable and indeed insatiable desire for wealth and power. The exposé, a follow up to a previous one, late last year, that brought to our attention high level crime and corruption perpetrated by officials at the center of state power, further helped tie loose ends on the linkages between a sudden increase in violent crime, arbitrary arrests, detentions and extrajudicial killings, and grand cover-ups of economic scandals that have faced the country over the past few years.

This feature set me thinking. I can name at least half a dozen exposés by the media about high level crimes and corruption that have taken place in Kenya. The Julie Ward Murder exposé by The Nairobi Law Monthly, The Goldenberg Scandal, The Anglo-leasing scandal, The Murder and subsequent state cover up of prominent political personalities, The Mahindra Jeeps for the Police Scandal (aha remember those!?), and recently the Artur brothers- statehouse connection - drug haul scandal.

What is sad is the number of lives that have been sacrificed in a desperate attempt at ensuring that the truth – or at least the part of it that we can chew – never comes out. The number unexplained deaths of police officers who find themselves in the knowledge of such activities while simply and zealously ‘obeying orders from above’ is a sad reality of the challenges the National Police Service is faced with.   

However, that aside, I ask myself, what is the role of their brilliantly prepared – almost movie-like, fictional in fact – exposés, if even after such come out to the public, nothing is done about it? Who is supposed to do anything about it? What do the media expect once they – at great cost not to mention the risk – bring out such sensitive and glaring information to the public?

Section 35 of the Media Act (Cap 3 of 2007) and Article 34 of the Constitution of Kenya, 2010 envisage a media that can freely and independently disseminate and inform the public on issues of public interest, and self regulate. By inference therefore, exposés as prepared and disseminated by the media, on issues of public interest must not only inform but further evoke reaction from the citizenry either by themselves, through their democratically elected leaders, or through civil society on their behalf. Also included in this are other arms of government namely the judiciary whose vital role of keeping the other arms of government in check and accountable is very important in the reaction to such exposés.

Well I will be a bit practical and immediately blot – actually redact the political class from this list. Our members of parliament are fully aware of and neck-deep involved in these scandals. Even the parliamentary committees they sit on, while earning huge allowances, are a façade and part of the grand cover up schemes.

Very little has been done since these exposé were publicized. Files lie at the offices of the police and public prosecutor respectively and have not been acted upon. The report on the inquiry into the Artur brothers is fast gathering dust and has not been released to the public (whatever happened to freedom of information – Civil society e.g. ICJ-K et al where are you!?).

Is it a high time that the judiciary did something about it? Is it possible for the judiciary to prudently and creatively evoke its inquisitorial and supervisory jurisdiction? These incidents of high level crime and corruption greatly touch on and affect both civil and political rights as well as social and economic rights. This puts the issues squarely within the responsibility of the Judiciary (Article 22). By significantly reducing ‘technical strictures and procedural snares’, it is hoped that the judiciary will play a more active role in assisting Kenyans get answers and redress for these issues which are of great national importance.

The media has done its part - a HUGE investment indeed. Someone should act, someone HAS to act, who will?????