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Admitting fraud is not a proof of guilt

A leader who accepts the findings of scientific and professional investigations is already acting ethically and within the law. I can’t see any wrong doing by the statement of Hon. Anne Waiguru on acknowledging acts of fraud in her docket. If anything, then all state officers must behave in the same manner. It is her duty and obligation to blow whistle on those whose conducts are dubbious within her docket. This does not mean that she has done anything inappropriate AND illegal. A leader must be in-charge of all situations under her mandate. A leader must be a person who can fire any officer found to be involved in corruption or graft through legal process. I congratulate the Cabinet Secretary for such courage and transparency. Others should do the same and hold their officers accountable for any malpractice. Whoever admits that some fraud occurred should not be held guilty until proven guilty or innocent by law. It is the duty of the DPP’s office and EACC and the law courts to establish if the Cabinet Secretary is an accomplice to the crime or not. It is the court of law to determine the facts, try the suspects and convict or acquit them of any ommission or commission. Kenya has institutions in place to deal with economic crimes. It serves no purpose for politicians to use this as an excuse to weaken the government. It would be un-procedural to ask Ms Anne Waiguru to step aside for investigations unless the investigations prove her involvement in the stolen fund. This blog story is more interested in how politicians dilute matters of legal concern. Due process and fair trial are required to ensure that hard working and ethical individuals are not unfairly exposed to shame. It is not right at all to say that whoever says, I have seen a thief, also to be a thief. As a people, it is honourable to behave properly towards others in disregard of their political affiliations. Presumption of innocence must be taken across the board and in this case, the Cabinet Secretary has only acknowledged that fraud must have occurred under her docket. This is not like saying, I am guilty of fraud. We must learn how to extract politics from other professional practices that enable the state to carry out its duties and obligations. The leader of devolution may not be perfect but she is the brain behind huduma centres and the new NYS. Her resalience and admitting that fraud took place in her office can now take legal process and not political process.
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About Peter Onyango

Dr. Peter Onyango O. is one of our main contributors. He is a senior law lecturer, a writer, a consultant, peace ambassador, and a researcher. He assists so many professionals, legal minds, and debaters with his skills and scholarly wealth! He supports children and village community as a way of giving back to community. He edits, proof reads, and publishes various articles for our page!

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