Nipate
Forum => Kenya Discussion => Topic started by: Globalcitizen12 on March 17, 2016, 03:29:16 PM
-
so Waiguru et al should know their fate before end of year
-
Now that is something. Rather than lamenting like a bystander, he is now acting like a CJ. Corruption and serious crimes should be heard 24-7 days a week.Judiciary has been the major stumbling block in the fight. You take a case and it will be concluded 10yrs from now.
-
yap should be heard 8 days a week
-
You mean she will be in court non stop the whole year. Remember she's a witness on top of that whistle blower and not a suspect :D :D :D.
BTW how far is the suite she filed against Raila?
so Waiguru et al should know their fate before end of year
-
That is news. Why should people who steal chicken get instant justice while those who steal billions get no justice at all. Whatever happened to the introduction of a law granting a certain percent to whistle blowers? opposition should have been pushing for this instead of side shows what help no Kenyan.
-
It will just raise the stakes in favor of the judges; instead of $2 million, to use a perfectly random example, it will be $4 million, to throw out with finality a flimsily prepared case.
I mention elsewhere that grand corruption cases should be outsourced at a small fee, or commission from recovered loot. The entire life cycle. From investigation, prosecution, trial, recovery of loot to be kept in an offshore trust, to jailing. I propose Jersey.
If just one part is done in Kenya, by the Kenyan, it won't work. Whether they go 24/7 or 0/0 forget about it. I may be accused of cynicism; but Mutungaru himself calls it a bandit economy. How does making a bandit economy work 24/7 change anything?
-
Ouru proposed something about rewarding the whistle blowers and thats the last i heard. MPIGS never acted on it, the opposition never took him on it and thats the farthest it went.
It will just raise the stakes in favor of the judges; instead of $2 million, to use a perfectly random example, it will be $4 million, to throw out with finality a flimsily prepared case.
I mention elsewhere that grand corruption cases should be outsourced at a small fee, or commission from recovered loot. The entire life cycle. From investigation, prosecution, trial, recovery of loot to be kept in an offshore trust, to jailing. I propose Jersey.
If just one part is done in Kenya, by the Kenyan, it won't work. Whether they go 24/7 or 0/0 forget about it. I may be accused of cynicism; but Mutungaru himself calls it a bandit economy. How does making a bandit economy work 24/7 change anything?
-
I don't understand how you want this fixed...but from what I know...you fix what is fixable...and slowly everything else get fixed. Let us see efficient expeditious judiciary jailing or well acquiting suspects at lightening speed...and we can move to other bottlenecks.
It will just raise the stakes in favor of the judges; instead of $2 million, to use a perfectly random example, it will be $4 million, to throw out with finality a flimsily prepared case.
I mention elsewhere that grand corruption cases should be outsourced at a small fee, or commission from recovered loot. The entire life cycle. From investigation, prosecution, trial, recovery of loot to be kept in an offshore trust, to jailing. I propose Jersey.
If just one part is done in Kenya, by the Kenyan, it won't work. Whether they go 24/7 or 0/0 forget about it. I may be accused of cynicism; but Mutungaru himself calls it a bandit economy. How does making a bandit economy work 24/7 change anything?
-
I don't understand how you want this fixed...but from what I know...you fix what is fixable...and slowly everything else get fixed. Let us see efficient expeditious judiciary jailing or well acquiting suspects at lightening speed...and we can move to other bottlenecks.
It will just raise the stakes in favor of the judges; instead of $2 million, to use a perfectly random example, it will be $4 million, to throw out with finality a flimsily prepared case.
I mention elsewhere that grand corruption cases should be outsourced at a small fee, or commission from recovered loot. The entire life cycle. From investigation, prosecution, trial, recovery of loot to be kept in an offshore trust, to jailing. I propose Jersey.
If just one part is done in Kenya, by the Kenyan, it won't work. Whether they go 24/7 or 0/0 forget about it. I may be accused of cynicism; but Mutungaru himself calls it a bandit economy. How does making a bandit economy work 24/7 change anything?
I think disbanding EACC. Let the police and DPP deal with petty offenders. Small time bribe takers and givers. Maybe even the million dollar and less type of scams.
The truth is Kenya for any number reasons, winds with up with a lack of capacity to deal with Goldenberg, Anglo-Leasing, SGR, NYS, ... Kind of crimes. The problems is these kinds of cases are beyond Kenya's institutions. They involve people too big to fail in Kenya. If Ruto, kamwana, Raila or any of their close associates is involved, you can forget about it. That is why nothing has come out of all the attempts to tackle them.
The solution. Let someone else deal with them. Kenya can then use limited resources on realistic pursuits. Once the big cases are sorted out, the structural foundations of grand corruption will begin to crumble.
-
That would be absurd.Nothing stops EACC from pursuing the small time corrupt traffic cop (main culprits) and nailing them.Forget about all that.
Right now when you file any case (small or big, civic or criminal) you're likely to get hearing dates 3yrs from now!
We have a problem (huge case backlog) that require a solution (more judges hearing these cases non-stop).
We have a big problem with corruption, so if Judges can focus on it, the better. In the meantime we can let small time crimes take forever as we try to hire more judges and magistrate.
I think disbanding EACC. Let the police and DPP deal with petty offenders. Small time bribe takers and givers. Maybe even the million dollar and less type of scams.
The truth is Kenya for any number reasons, winds with up with a lack of capacity to deal with Goldenberg, Anglo-Leasing, SGR, NYS, ... Kind of crimes. The problems is these kinds of cases are beyond Kenya's institutions. They involve people too big to fail in Kenya. If Ruto, kamwana, Raila or any of their close associates is involved, you can forget about it. That is why nothing has come out of all the attempts to tackle them.
The solution. Let someone else deal with them. Kenya can then use limited resources on realistic pursuits. Once the big cases are sorted out, the structural foundations of grand corruption will begin to crumble.
-
I think disbanding EACC. Let the police and DPP deal with petty offenders. Small time bribe takers and givers. Maybe even the million dollar and less type of scams.
The truth is Kenya for any number reasons, winds with up with a lack of capacity to deal with Goldenberg, Anglo-Leasing, SGR, NYS, ... Kind of crimes. The problems is these kinds of cases are beyond Kenya's institutions. They involve people too big to fail in Kenya. If Ruto, kamwana, Raila or any of their close associates is involved, you can forget about it. That is why nothing has come out of all the attempts to tackle them.
The solution. Let someone else deal with them. Kenya can then use limited resources on realistic pursuits. Once the big cases are sorted out, the structural foundations of grand corruption will begin to crumble.
The nation state of Kenya was founded on corruption. That's the essence of our beloved country. The Kenyan society has, over two generations, firmly built corruption networks which permeate every single institution, whether public or private.
How, for example, can someone like Kidero transfer almost Sh1b into his private accounts, held by private banks?
An extract:
Good people, we are talking about hundreds, nay, billions of shillings that have been corruptly acquired. This is not an amount that can fit into your Little Red suit pocket, or tied into the corner knot of Mama Mboga’s khanga. These funds have to be moving within and around the Kenyan banking sector. Yes, the banking sector that has remained grossly silent and unapologetically mum about the billions in liability windfalls that have dropped miraculously from the sky. Picture this scene: Mr X has been banking at Bank Y for the last 10 years. His account turnover is about an average of Kshs 250,000 on a monthly basis. The account suddenly begins receiving deposits and withdrawals ranging from Kshs 20 to 100 million, which moves his average monthly turnover to about Kshs 50 million. The Anti Money Laundering officer, usually a skinny, bespectacled recent university graduate, flags these movements to his boss the Compliance Manager. The Compliance Manager flags it to his boss, the Risk Director. The Risk Director walks over to the Retail Director and shows him the transactions as he’s a smart chap who doesn’t want to put anything in writing, just yet. The Retail Director, who is royally chuffed that his liability targets are constantly met since his team’s successful senior civil servant recruitment drive last year, rubbishes the report and dares the Risk Director to take it higher, “Weeeh, even the Managing Director knows we have these accounts, can’t you see how they are helping our deposits to grow?” The Retail Director has been considering opening a branch for High Net Worth Individuals on the 10th floor of a new building in Westlands with a dedicated high speed lift from the basement, primarily to enable senior civil servants come and go easily without being noticed.
This scene is quite likely replicated across some of Kenya’s banks today that have “flexible” anti-money laundering (AML) rules and ill defined Know Your Customer (KYC) policies. Because if you Know Your Customer as per the Central Bank of Kenya guidelines, you should know your customer’s source of funds and be in a position to flag suspicious inordinate account activity on a real time basis; technically. The Central Bank inspectors who come round every so often, should also be able to pick up on this activity since they have access to the exception reports on account turnovers; technically. But does this happen?
Full article:http://carolmusyoka.com/our-banks-are-laundering-corruption-proceeds/
What we are seeing here is a systematic failure of almost every single institution in Kenya whose main focus is supporting the corruption networks. Architects and builders reaping, building houses/appartment blocks/office blocks for the corrupt. Car firms (Nairobi’s super-rich buying more Porsche than Mercs (http://nairobinews.nation.co.ke/jobs/nairobis-super-rich-buying-more-porsche-than-mercs/)). And just today in the papers: Politicians rush to buy choppers, KCAA confirms 59 choppers have been imported in the last two years (http://www.the-star.co.ke/news/2016/03/18/politicians-rush-to-buy-choppers-kcaa-confirms-59-choppers-have-been_c1315496).
Corruption in Kenya and its effects is way more worse than portrayed by our media (who are all to often bribed to withhold stories).
-
I like this article. Musyoka is a great. Everyone is protecting the other. What is the statute of limitations? If a bank let slide these kinds of transactions seven years ago, will they still be liable?
I think disbanding EACC. Let the police and DPP deal with petty offenders. Small time bribe takers and givers. Maybe even the million dollar and less type of scams.
The truth is Kenya for any number reasons, winds with up with a lack of capacity to deal with Goldenberg, Anglo-Leasing, SGR, NYS, ... Kind of crimes. The problems is these kinds of cases are beyond Kenya's institutions. They involve people too big to fail in Kenya. If Ruto, kamwana, Raila or any of their close associates is involved, you can forget about it. That is why nothing has come out of all the attempts to tackle them.
The solution. Let someone else deal with them. Kenya can then use limited resources on realistic pursuits. Once the big cases are sorted out, the structural foundations of grand corruption will begin to crumble.
The nation state of Kenya was founded on corruption. That's the essence of our beloved country. The Kenyan society has, over two generations, firmly built corruption networks which permeate every single institution, whether public or private.
How, for example, can someone like Kidero transfer almost Sh1b into his private accounts, held by private banks?
An extract:
Good people, we are talking about hundreds, nay, billions of shillings that have been corruptly acquired. This is not an amount that can fit into your Little Red suit pocket, or tied into the corner knot of Mama Mboga’s khanga. These funds have to be moving within and around the Kenyan banking sector. Yes, the banking sector that has remained grossly silent and unapologetically mum about the billions in liability windfalls that have dropped miraculously from the sky. Picture this scene: Mr X has been banking at Bank Y for the last 10 years. His account turnover is about an average of Kshs 250,000 on a monthly basis. The account suddenly begins receiving deposits and withdrawals ranging from Kshs 20 to 100 million, which moves his average monthly turnover to about Kshs 50 million. The Anti Money Laundering officer, usually a skinny, bespectacled recent university graduate, flags these movements to his boss the Compliance Manager. The Compliance Manager flags it to his boss, the Risk Director. The Risk Director walks over to the Retail Director and shows him the transactions as he’s a smart chap who doesn’t want to put anything in writing, just yet. The Retail Director, who is royally chuffed that his liability targets are constantly met since his team’s successful senior civil servant recruitment drive last year, rubbishes the report and dares the Risk Director to take it higher, “Weeeh, even the Managing Director knows we have these accounts, can’t you see how they are helping our deposits to grow?” The Retail Director has been considering opening a branch for High Net Worth Individuals on the 10th floor of a new building in Westlands with a dedicated high speed lift from the basement, primarily to enable senior civil servants come and go easily without being noticed.
This scene is quite likely replicated across some of Kenya’s banks today that have “flexible” anti-money laundering (AML) rules and ill defined Know Your Customer (KYC) policies. Because if you Know Your Customer as per the Central Bank of Kenya guidelines, you should know your customer’s source of funds and be in a position to flag suspicious inordinate account activity on a real time basis; technically. The Central Bank inspectors who come round every so often, should also be able to pick up on this activity since they have access to the exception reports on account turnovers; technically. But does this happen?
Full article:http://carolmusyoka.com/our-banks-are-laundering-corruption-proceeds/
What we are seeing here is a systematic failure of almost every single institution in Kenya whose main focus is supporting the corruption networks. Architects and builders reaping, building houses/appartment blocks/office blocks for the corrupt. Car firms (Nairobi’s super-rich buying more Porsche than Mercs (http://nairobinews.nation.co.ke/jobs/nairobis-super-rich-buying-more-porsche-than-mercs/)). And just today in the papers: Politicians rush to buy choppers, KCAA confirms 59 choppers have been imported in the last two years (http://www.the-star.co.ke/news/2016/03/18/politicians-rush-to-buy-choppers-kcaa-confirms-59-choppers-have-been_c1315496).
Corruption in Kenya and its effects is way more worse than portrayed by our media (who are all to often bribed to withhold stories).
-
I think disbanding EACC. Let the police and DPP deal with petty offenders. Small time bribe takers and givers. Maybe even the million dollar and less type of scams.
The truth is Kenya for any number reasons, winds with up with a lack of capacity to deal with Goldenberg, Anglo-Leasing, SGR, NYS, ... Kind of crimes. The problems is these kinds of cases are beyond Kenya's institutions. They involve people too big to fail in Kenya. If Ruto, kamwana, Raila or any of their close associates is involved, you can forget about it. That is why nothing has come out of all the attempts to tackle them.
The solution. Let someone else deal with them. Kenya can then use limited resources on realistic pursuits. Once the big cases are sorted out, the structural foundations of grand corruption will begin to crumble.
The nation state of Kenya was founded on corruption. That's the essence of our beloved country. The Kenyan society has, over two generations, firmly built corruption networks which permeate every single institution, whether public or private.
How, for example, can someone like Kidero transfer almost Sh1b into his private accounts, held by private banks?
An extract:
Good people, we are talking about hundreds, nay, billions of shillings that have been corruptly acquired. This is not an amount that can fit into your Little Red suit pocket, or tied into the corner knot of Mama Mboga’s khanga. These funds have to be moving within and around the Kenyan banking sector. Yes, the banking sector that has remained grossly silent and unapologetically mum about the billions in liability windfalls that have dropped miraculously from the sky. Picture this scene: Mr X has been banking at Bank Y for the last 10 years. His account turnover is about an average of Kshs 250,000 on a monthly basis. The account suddenly begins receiving deposits and withdrawals ranging from Kshs 20 to 100 million, which moves his average monthly turnover to about Kshs 50 million. The Anti Money Laundering officer, usually a skinny, bespectacled recent university graduate, flags these movements to his boss the Compliance Manager. The Compliance Manager flags it to his boss, the Risk Director. The Risk Director walks over to the Retail Director and shows him the transactions as he’s a smart chap who doesn’t want to put anything in writing, just yet. The Retail Director, who is royally chuffed that his liability targets are constantly met since his team’s successful senior civil servant recruitment drive last year, rubbishes the report and dares the Risk Director to take it higher, “Weeeh, even the Managing Director knows we have these accounts, can’t you see how they are helping our deposits to grow?” The Retail Director has been considering opening a branch for High Net Worth Individuals on the 10th floor of a new building in Westlands with a dedicated high speed lift from the basement, primarily to enable senior civil servants come and go easily without being noticed.
This scene is quite likely replicated across some of Kenya’s banks today that have “flexible” anti-money laundering (AML) rules and ill defined Know Your Customer (KYC) policies. Because if you Know Your Customer as per the Central Bank of Kenya guidelines, you should know your customer’s source of funds and be in a position to flag suspicious inordinate account activity on a real time basis; technically. The Central Bank inspectors who come round every so often, should also be able to pick up on this activity since they have access to the exception reports on account turnovers; technically. But does this happen?
Full article:http://carolmusyoka.com/our-banks-are-laundering-corruption-proceeds/
What we are seeing here is a systematic failure of almost every single institution in Kenya whose main focus is supporting the corruption networks. Architects and builders reaping, building houses/appartment blocks/office blocks for the corrupt. Car firms (Nairobi’s super-rich buying more Porsche than Mercs (http://nairobinews.nation.co.ke/jobs/nairobis-super-rich-buying-more-porsche-than-mercs/)). And just today in the papers: Politicians rush to buy choppers, KCAA confirms 59 choppers have been imported in the last two years (http://www.the-star.co.ke/news/2016/03/18/politicians-rush-to-buy-choppers-kcaa-confirms-59-choppers-have-been_c1315496).
Corruption in Kenya and its effects is way more worse than portrayed by our media (who are all to often bribed to withhold stories).
Indeed it's a network. I am sure judges, even the clean ones, hearing some of these cases receive messages and threats from all manner of characters. Between a Mutunga directive and the knowledge of what is possible in Kenya when you cross certain paths, it's a no brainer that they will come up with creative new ways to deal with such cases that lead to the same place we are at; everyone knows there was a major heist; and everyone knows nothing happened about it.
If you throw these guys to outside forces they cannot control, you will see a few more affidavits roping in more accomplices. It's not without risk though; witnesses have been known to disappear, some even after recanting. I just find it irresponsible, insulting and actually cynical to the whole purpose of these judicial processes, to go in the same direction whose outcome is already known.
-
I think disbanding EACC. Let the police and DPP deal with petty offenders. Small time bribe takers and givers. Maybe even the million dollar and less type of scams.
The truth is Kenya for any number reasons, winds with up with a lack of capacity to deal with Goldenberg, Anglo-Leasing, SGR, NYS, ... Kind of crimes. The problems is these kinds of cases are beyond Kenya's institutions. They involve people too big to fail in Kenya. If Ruto, kamwana, Raila or any of their close associates is involved, you can forget about it. That is why nothing has come out of all the attempts to tackle them.
The solution. Let someone else deal with them. Kenya can then use limited resources on realistic pursuits. Once the big cases are sorted out, the structural foundations of grand corruption will begin to crumble.
The nation state of Kenya was founded on corruption. That's the essence of our beloved country. The Kenyan society has, over two generations, firmly built corruption networks which permeate every single institution, whether public or private.
How, for example, can someone like Kidero transfer almost Sh1b into his private accounts, held by private banks?
An extract:
Good people, we are talking about hundreds, nay, billions of shillings that have been corruptly acquired. This is not an amount that can fit into your Little Red suit pocket, or tied into the corner knot of Mama Mboga’s khanga. These funds have to be moving within and around the Kenyan banking sector. Yes, the banking sector that has remained grossly silent and unapologetically mum about the billions in liability windfalls that have dropped miraculously from the sky. Picture this scene: Mr X has been banking at Bank Y for the last 10 years. His account turnover is about an average of Kshs 250,000 on a monthly basis. The account suddenly begins receiving deposits and withdrawals ranging from Kshs 20 to 100 million, which moves his average monthly turnover to about Kshs 50 million. The Anti Money Laundering officer, usually a skinny, bespectacled recent university graduate, flags these movements to his boss the Compliance Manager. The Compliance Manager flags it to his boss, the Risk Director. The Risk Director walks over to the Retail Director and shows him the transactions as he’s a smart chap who doesn’t want to put anything in writing, just yet. The Retail Director, who is royally chuffed that his liability targets are constantly met since his team’s successful senior civil servant recruitment drive last year, rubbishes the report and dares the Risk Director to take it higher, “Weeeh, even the Managing Director knows we have these accounts, can’t you see how they are helping our deposits to grow?” The Retail Director has been considering opening a branch for High Net Worth Individuals on the 10th floor of a new building in Westlands with a dedicated high speed lift from the basement, primarily to enable senior civil servants come and go easily without being noticed.
This scene is quite likely replicated across some of Kenya’s banks today that have “flexible” anti-money laundering (AML) rules and ill defined Know Your Customer (KYC) policies. Because if you Know Your Customer as per the Central Bank of Kenya guidelines, you should know your customer’s source of funds and be in a position to flag suspicious inordinate account activity on a real time basis; technically. The Central Bank inspectors who come round every so often, should also be able to pick up on this activity since they have access to the exception reports on account turnovers; technically. But does this happen?
Full article:http://carolmusyoka.com/our-banks-are-laundering-corruption-proceeds/
What we are seeing here is a systematic failure of almost every single institution in Kenya whose main focus is supporting the corruption networks. Architects and builders reaping, building houses/appartment blocks/office blocks for the corrupt. Car firms (Nairobi’s super-rich buying more Porsche than Mercs (http://nairobinews.nation.co.ke/jobs/nairobis-super-rich-buying-more-porsche-than-mercs/)). And just today in the papers: Politicians rush to buy choppers, KCAA confirms 59 choppers have been imported in the last two years (http://www.the-star.co.ke/news/2016/03/18/politicians-rush-to-buy-choppers-kcaa-confirms-59-choppers-have-been_c1315496).
Corruption in Kenya and its effects is way more worse than portrayed by our media (who are all to often bribed to withhold stories).
Kidero is something else. I doubt he can ever go back into the private sector unless he is running his own shop. I used to hear stories of his exploits at Mumias, way before it became public knowledge.
-
on Facebook today one of the lawyers bloggers claimed that EACC ongoing recruitment is already rigged. candidates have been given interview questions and answers before the actual interview. The shortlisted candidates assured of jobs. In kenya the game now is to shortlist a few tokens to mask the ones who have been already appointed via corruption networks. Corruption wont be fought by EACC but by another investigative body with capacity to do investigate properly. We may need to outsource this function to commonwealth for 20 years till we clean up the system
-
Time to also address the silly 'technicalities' causing the backlog.. lawyer not present ... accused is sick... this should be fixed
-
Time to also address the silly 'technicalities' causing the backlog.. lawyer not present ... accused is sick... this should be fixed
How? Do you discipline a judge for allowing that? On what basis? Mutungaru's is a political statement, given that he already acknowledges that the Kenyan state is a thoroughly criminal enterprise. He can be more impactful and believable if he resigned, but he does not eat grass. As long as nothing happens(investigating, grilling, parading people in court without real risk of consequences is nothing), the thieving seems to be getting more audacious. Even without having heard much from the most corrupt ministry of interior.