Moral decadence

The Nambale MP argument that money laundering was not a crime in Kenya when he allegedly indulged in it decries the moral fiber in the country which the law is supposed to enforce.

Seeking to block his extradition to Jersey Hon Chris Okemo, former Minister for energy, said in court papers that the Proceeds of Crime and Anti-Money Laundering Act 2009, was not in force at the time of his alleged offence and so was not a criminal act in Kenya. He thus wants to absolve himself from trial on these and other grounds. The MP faces 15 counts of money laundering and misconduct in public office allegedly committed between February 1, 1998 and June, 28 2002, which he denies.

His defense is akin to saying that all crimes prior to enactment of law are not crimes and cannot thus be pursued legally. What of the fact that they are wrong? Should we let the people who took advantage of loopholes in the Justice and legal system to perpetrate crimes just because the then frame work did not consider their actions as crime?

This is not a too unlikely scene as it is far too evident in the common Kenyan psychomotor to indulge in the wrong just because there are no direct reparations to their actions. It calls into our attention thus that as we enforce the legal mechanisms in the country we should seek to uphold our morality and be guided by law rather than entirely depend on the law.

We are more like children being guarded by an iron arm and once the close supervision of our parent is veered off we are all too quick to go on the romp and the end is usually tragic.

The MPs is not an isolated case as there are several incidents that call this decrying trend into to the fore. Kenyans are known to over indulge in drinking and had to have Muthutho laws to keep them away from bars which they still try to avoid at all costs. Speaking to one drinker identified only as Onyango, it emerged that drinkers would hide in dark closed bars just to avoid Muthutho laws.  “We even go drinking in the bushes as there is no law prohibiting drinking in bushes thus beating Muthutho at his own turf,” he laughingly added.

This is in sharp contrast to our Uganda brothers just across the border who despite lacking direct laws prohibiting drinking do not engage in it till evening after work. A discipline which has lately been digressed from as the influx of Kenyans fleeing Muthutho’s law saunters across the border 

While we have successfully enacted a constitution Britain continues to depend on an unwritten one and is successful at it. They have deeply ingrained moral standards which are punishable when perverted written or unwritten. That is why when the law as per international standards was breached, Interpol issued a red notice against the Minister and Mr. Gichuru after a warrant by the Bailiff and Chief Justice of the island of Jersey, United Kingdom in April 2011.

On our account wrong can only be punished by law and those who can beguile the system can go scot free. We should have a strong code of conduct with the law acting as a guideline to enforce it rather than totally depend on the law without our own initiative to be good citizens.

This poses the question of whether the law is the answer to our dire criminal problem as a nation. It exposes the fact that our morality is wanting and that we might actually be incapable of any good unless we have a guillotine over our necks.