Bribery is a subtle but potent force that quietly undermines institutions and distorts policy decisions worldwide. It is ever changing, operating in the shadows, influencing decisions and eroding public trust in governance and institutional integrity.
Kenya has had its acute interaction with acts of bribery and corruption and watched over many years government’s attempts to curb, sanction and prevent the vice with minimal impact. Corporations have made pledges, not to engage in the vice, but these appear to be window dressing.
What does it look like?
Bribery takes many forms, ranging from small-scale kickbacks to large-scale systemic corruption. Some make the distinction between fast tracking processes and subverting them. Whichever way, bribery involves the exchange of something of value to influence the actions of an individual in a position of power. This is usually a government official, a corporate executive, or any decision-maker whose actions ultimately impact public policy or organizational decisions.
Petty bribery often involves minor sums (in cash or in kind) exchanged for favorable treatment or expedited services. We may consider payment to expedite a business permit in this category. While these individual acts may seem insignificant, their cumulative effect can be substantial, and is evident in so far as it permeates through organizations creating an environment where corruption is normalized, expected and not addressed.
Grand corruption is what we tend to focus on as it receives a greater spotlight and the figures are usually mind boggling with salacious details of interactions with high-level officials. Beyond the news story, this type of bribery can dictate major policy decisions, such as the awarding of government contracts or the drafting of favorable regulations for certain businesses. The stakes are higher, and the impact on policy and public trust is profound.
Why does it matter?
The public often feels the impact of corruption indirectly and this can be through inadequate healthcare services, poor or no infrastructure, lack of access to opportunity or high cost of living.
Bribery erodes the foundation of institutions compromising their ability to function impartially and effectively. When officials are influenced by bribes, decisions are made based on personal gain rather than the public good. At a time when the ESG conversation is ripe, there needs to be a focus on the need for accountable governance that addresses the malaise stemming from bribery.
In institutions, we have seen a range of outcomes: President’s Ruto’s attempt at constituting a Cabinet has faced headwinds arising from loss of public trust and confidence in so far as there are questions around the impetus of the appointments. If the appointments are not merit based, the perception of those leaders and their reception within the state departments they will be assigned will present difficulty in operations as there will be lingering questions as to the legitimacy to lead.
Undoubtedly, inefficiency and waste are a consequence of rampant bribery. Kenya has seen misallocated resources, incomplete projects, misplaced priorities, unjustified expenditure leaving citizens with substandard public services and infrastructure.
Although we have good legislation in Kenya to deter acts of bribery and corruption, the political good will to use the law as a tool to reshape institutional behavior is absent. There are notable cases where despite considerable evidence, those accused have avoided sanction due to compromised witnesses, corrupt prosecutors and in some cases, this extends to judicial officers.
How does this affect me?
Kenya can now see that the influence of bribery extends beyond single financial transactions; it also shapes policy in profound and often hidden ways. When policy decisions are influenced by bribes, the resulting policies do not reflect the best interests of the public but rather the interests of those offering and receiving bribes.
The recent fertilizer scandal which has seen 3 officials of the National Cereals and Produce Board charged with the intent to defraud Kenyans is an example of the impact that bribery can have when regulatory agencies are compromised. There seemed to be opacity on the contracting, testing and marketing of fake fertilizer to farmers across the country with the consequence that many farmers who pegged their income on good harvests, some having taken loans for farm inputs, were devastated.
The distorted prioritization of policy that moves away from critical issues such as health, education, manufacturing and job creation, toward projects and policies that benefit a few individuals or corporations, is a consequence of bribery.
The continued protests by Gen Z are a direct attack on the impact of bribery in influencing legislation and policy to benefit specific groups or individuals, undermining democratic processes and fairness.
How do we change things?
In my view, Kenya can turn around its current narrative by simply having political will in all aspects of leadership to change the culture. We have robust anti-bribery laws and regulations, but these are not effectively enforced. The dedicated team at the Office of the Director of Public Prosecutions, Economic Crimes Division and judicial officers in the anti-corruption courts are trained and capable of handling these cases, sans interference.
We need to appreciate the value of transparency and accountability. To create this, we must foster public awareness and education so that “public participation” is not a punchline! We need to have the right people present at policy formulation, to set the tone from inception and reduce tolerance for acts of bribery
Conclusion
Bribery, though often hidden from view, has a profound impact on institutions and policy. It undermines trust, distorts decision-making processes, and leads to inefficient and unjust outcomes. Combating bribery requires a comprehensive approach that includes enforcement of laws, transparency, ethical leadership, and public awareness. Only by addressing this silent erosion can we hope to restore integrity and trust to our institutions.
You may reach the author on kananu@coursecorrect.co.ke.