Conscience Crimes

“Corruption is of two kinds: corruption of need and corruption out of greed.”-Hon J. B. Katutsi

The Anti Corruption Act 2009, in its Interpretation Act does not describe corruption; however, Sections 2 to 4 adequately lay down acts of corruption.  Section 2 of the ACA states that,” a person commits the offence of corruption if a public officer solicits or accepts any goods of monetary value or any other form of gratification in exchange for an act or omission in the performance of his public functions.”

But is all corruption “corruption”? Can corruption be of different degrees? Can a police man who gets a 20.000 note off the street regular driver be different from the habitual police man who has an agent in town that he sends people too, to collect his “fines” (and am not talking about a police cashier at the stations)

Can we rightly say that the one who takes the 20.000 note to buy milk for his numerous kids or posho and beans for home is yes doing an act of corruption, but not entirely a corrupt man or woman because the government did not pay him on time, or has not yet sent his salary? Can we rightly say that he is a victim of circumstances?

He was in such dire need that when offered the 20.000 note just like any business he accepted the offer- business sealed. His motivation was for a good cause and not entirely selfish.

So lets juxta pose this with the habitual bribe collector or better still the “big fish” so says justice J, B. Katutsi  his motivation is utter greed nothing more, look at a woman( hypothetically) who gets 18 million a month and embezzles money from a government organisation. This is the type two corruption... “Corruption out of greed”

So can we rightly say they deserve the same term sentence as did the police man collecting bribes out of dire need, not he who collects habitually or what about that man or woman who gets paid 18 million but still embezzles.

Is it only those sort of acts that affect the root of the economy that should be handled aggressively in court or should we all bundle up these petty or big time corrupt persons and throw them into jail, congest the prisons or better still just fine the petty criminals as a warning to the rest....( wise words indeed)

Anyhow, should the acts of corruption have been categorised? But is it possible to know ones intention for collecting the money he did? Or is this just an academic argument? With all these questions In mind and no way near a solution should the judiciary assume corruption is not a strict liability offence but rather needs to prove the element of intention in an act or rather judge each case based on the circumstances of the case.

 

J.P.OROGOT