The human rights dimensions of corruption: linking the human rights paradigm to combat corruption

Abstract

There are seven sins in the world: Wealth without work, Pleasure without conscience, Knowledge without character, Commerce without morality, Science without humanity, Worship without sacrifice and Politics without principle. (Mahatma Gandhi)

Keywords:

• corruption
• human rights
• impunity
• governance
• accountability
• election-petition

Notes

For a more comprehensive reading of corruption as a violation of human rights, see Kenya National Commission on Human Rights publication ‘Nguzo za Haki’ issue no 3 of February 2005. Available at www.knchr.org.

President Kibaki's decision to abrogate a previously agreed upon 1997 formula for appointments to the Electoral Commission ensuring that all the Commissioners were appointed by him alone was one of the catalysts that fanned rejection of the Election results in 2007.

Mr Githongo now lives in exile in the United Kingdom after he expressed fears for his life following his strong resolve to hold senior officials accountable for corruption. His exposure of the perpetrators of high-level corruption and subsequent efforts to cover up corruption scandals saw the Kenya National Commission on Human Rights award him in February 2006 the ‘Firimbi’ whistle blower's award at the Annual Human Rights Awards recognizing his contribution in the fight against corruption.

See the joint report by the Kenya National Commission on Human Rights and TI Kenya entitled ‘Living Large: Counting the Cost of Official Extravagance in Kenya’. The report shows that the Government spent over 12 million US dollars in the purchase of luxury cars that were largely for the personal use of senior government officials such as Ministers, Assistant Ministers and Permanent Secretaries between January 2003 and September 2004.

See Court of Appeal decision at Nairobi in Civil Appeal No. 238 of 2003.

In Nairobi High Court Election petition No. 26 of 2003 – Makhanu Julius Wamboko v Dr. Enoch Kibunguchi the petition was struck out on grounds of non-compliance with Election Petition Rules with Justice Aluoch holding that such errors and mistakes are substantial as they go to the root of the petition.

Article 7 of the Universal Declaration of Human Rights provides ‘All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination’. Article 26 of the International Covenant on Civil and Political Rights further provides ‘all persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status’.

For further reading, see 2008 Annual Bribery index published by Transparency International, Kenya Chapter.