Abstract

This study sought to underscore the central role of morals and ethics in reducing judicial corruption. The paper proceeded to study the concepts of integrity and corruption. Subsequently, the paper studied Kenya’s development and current law on integrity, public service and corruption and possible areas for reform. The study found out that despite near-adequate legislations, Kenya’s jurisprudence depicts a state of despair, lack of good will and numerous constraints in the anti-corruption process: many of the cases prosecuted in court have either been terminated by the courts or have not succeeded as a result of lack of political good will and political interference. The paper concluded that corruption is not only a legal issue but also a moral one—that is why major solutions to taming judicial corruption have flopped as a result of the linear approach to offering solutions. The paper found out that in order to offer formidable solutions to corruption in the judiciary, the legislative and policy approaches ought to be structured and conceptualized in a more realistic and feasible manner to that of ordinary obligations and offences. As a central point of interest, premium must be attached to integrity, as a moral concern, in order to offer sustainable solution to corruption in the judiciary.

Highlights

  • This study sought to underscore the central role of morals and ethics in reducing judicial corruption

  • The paper concluded that corruption is a legal issue and a moral one—that is why major solutions to taming judicial corruption have flopped as a result of the linear approach to offering solutions

  • As a result of this tendency, the author was of the view that the American public could no longer retain an attitude of vacant apathy as incorrigible corruption was bound to destroy the effectiveness of the American system of justice

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Summary

Introduction

Buy: And Other Forms of Judicial Pollution. In this book, Charles recounted that the American justice was choking of judicial pollution. Most of the judicial corrupters are relatives of judges, practicing lawyers or their predatory intermediaries.” He further asserts that “in this country (America), we believe, or at least claim to believe, in equality before the law. Those who have the money or the contacts, or both, exert a judicial pressure that eliminates equality and promotes a double standard of justice. This paper will research on: the concept of integrity and corruption; Kenya’s anti-corruption legislative and survival history; the current law on integrity, public service and corruption and whether there is any need for reform; lessons from the past-how Kenya has failed in the process of curbing corruption; and some suggestions to preventing corruption

The Concept of Integrity and Corruption
Kenya’s Anti-Corruption Legislative and Survival History
The Status of Corruption in Kenya
Public Officer Ethics Act Cap 183
Judicial Code of Conduct
Lessons from the Past
Judicial Attitudes to Dealing with Corruption in Kenya
Other Challenges Impacting on Anti-Corruption Judicial Decisions
Some Suggestions to Preventing Corruption
Conclusion
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