Should leaders be immune from prosecution?

The Kenyan government has said that it will not target former president Daniel arap Moi over alleged corruption.

John Githongo, the permanent secretary for governance and ethics who is leading the investigation has said that Mr Moi was different from other Kenyans and that to prosecute him would be a political act.

It is believed that between $1bn and $4bn was stolen from the country under the former president's 24-year rule.

Mr Moi stepped down without contesting the last year's elections.

Can politicians like Mr Moi be above the law? Or should they be held personally responsible for everything that occurs during their term in office? Should former leaders be granted immunity from prosecution?

This debate is closed. Read a selection of your comments below.

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The following comments reflect the balance of opinion we have received:

Nobody is above the law. I do not think it is fair for former leaders to be immune from prosecution. If they have broken the law or fail to uphold the law while they were in office, they should be brought to justice like everybody else. This is a major problem in Africa, where the rule of law is only applicable to some people in the society (Common Man), while the so called big man and the rich are hardly prosecuted from breaking the law.
Simon Ogan, USA

I definitely am against all kinds of immunities. Traditionally, in my country there have been cases of corruption involving, especially politicians, who claim to be above the law for having an immunity warranty, and for these reason, they don't get the correct punishment they deserve. Therefore, it's fairly unlikely that they will be jailed for any crime they might have committed. In my view, be it in Kenya, Brazil or wherever, politicians or magistrates who act against the law, should be tried and sentenced before a jury in the same way ordinary people are.
Raimundo L. Santos, Belo Horizonte, Brazil

I listened with dismay when i heard over the radio that Arap Moi will be left alone , and will not account for his deeds and will not be held accountable, are we not saying that the best thing for any thief is to be a leader in disguise and milk his people dry. If what he has stolen can be recovered and returned to his people the more merrier it would have been. Please presenter the thought of it alone STINKS, that is African leaders will not be accountable to their people , why should they be a special breed of people?
Bakare Gbolahan, Lagos, Nigeria

Moi has amassed wealth on the cost of the whole nation. He happens to be one of the richest Africans. Who owns vast shares in every industry in Kenya. He amassed it at the expense of many Kenyans who have been kept in utter poverty while. If this is proven right, Moi should be put to task to explain how he amassed all the wealth while his countrymen are poorer tan before.
Hussein Kiingi, London, UK

There is no person under or above the Law of the Land. If there was some money stolen from Kenya under the regime of Mio, whatever the amount is, the former President must face the consequences of the wrongdoing. This is the only way to promote transparency in the future leaders of the Africa countries. He should be tried and if he found guilty under the Law of Justice he must be punished accordingly.
Daniel B., Seattle, Wa

A leader in my opinion is one who is fair, honest, and just, and does not require immunity Carolyn D. Smith, Joliet, Il, United States

How can someone maintain the title of Leader if there is a question of immunity from prosecution? If immunity is needed, it's very clear that a crime has been committed. A leader in my opinion is one who is fair, honest, and just, and does not require immunity.
Carolyn D. Smith, Joliet, Il, United States

Mr. Moi should face the full extent of the law regarding his corruption and its effect on the country. However, he is also entitled to the full protections of the law like any other citizen
Mogaka Kinara, Kenya

It is unfortunate that some leaders are elevated above the laws of a land. No one is above the law, and I am certain that eventually all corrupt and murderous leaders will be subjected to account for their deeds.
Ndidi Enebeli, Toronto, Canada

African leaders MUST face prosecution for their wrongdoings. I have lived in Africa and I conclude that that continent is poor simply because of their corrupt leaders. Look at Zambia, as an example. Enough is enough. Moi or no Moi; Chiluba or no Chiluba. Everyone must face trial.
Bernard Lemoyne, Beloeil, Quebec, Canada

Leaders are citizens of their country and must be made to face the provisions of the law. This will provide a platform for current leaders to know the consequences of their actions. Decisions they take today must be in line with the laws of the land since deviations will be punished within the provisions of the law.
Settor Amediku, Accra, Ghana

It is important to ensure that Citizen Moi, like every other citizen, is treated within the confines of justice and fairness. And if leaders are to be granted immunity, it should in exchange for something dear that takes justice to the next level up, such as truth about any issues like Goldenburg, tribal clashes, Ouko, etc.
Peter Ngunyi, Boston, USA

Moi should face the full wrath of the Law. If his advisors gave him bad advice so were his motives. Twenty-four generations need an explanation; why a country that was heavily taxed find herself stifled.
Juma Olale, Nairobi, Kenya.

There should be a speedy trial in special courts set up for the purpose S.G.Dattathri, Bangalore,India

No. On the otherhand there should be a speedy trial in special courts set up for the purpose and if found guilty exemplary punishment should be awarded because such persons have breached the trust reposed in them by millions of hapeless citizens.
S.G.Dattathri, Bangalore,India

Moi's stronghold is half the Kenya nation. It is in the Right Valley province. And this region still loves the man overwhelmingly to date. So Mr. Githongo has surely played his cards well because in his directive - he has chosen a path that will surely save the Kenyan nation! I say so not because I support corruption. I simply understand that the situation in Kenya is really precarious and must be well thought and Mr. Githongo has hit a Jackpot on how to treat the former president.
Symon Kimitei, Kabarnet, Kenya

Naturally everyone wishes that justice be done. However if it concerns a brutal head of government there is always possibility that he will become more and more ruthless simply to hang on to power and to escape trial. In such a situation it may be better to let him leave a free man just to avoid further unpleasantness.
Steven Hitchen, Paris

Kenyans have now acknowledged though indirectly through the Githongo directive that Moi was not directly responsible for the ills of his government. There were individuals who preyed upon his government simply because he had a lax anti-corruption measures. Those individuals should now pay dearly because they never fulfilled the obligations of their duties as expected by the state. I agree with Mr. Githongo that to target Moi now because he was at the helm surely misses the target. Let all those who used his name to siphon the money pay dearly for having been dishonest to the man!
Symon Kimitei, Kabarnet, KENYA

The laws of a nation are formulated for everyone in that nation Mike Gbenga, Freetown, Sierra Leone

I am strongly of the opinion that no one is above the law. Regardless of your position, the laws of a nation are formulated for everyone in that nation and not for a selected few. If Moi is innocent it is the Kenyan court and not the government who should decide that.
Mike Gbenga, Freetown, Sierra Leone

I wonder why African leaders choose 'governance with sentiment' instead of 'governance with justice'. If former President arap Moi is believed to have stolen some money from the treasury, then he should be prosecuted. This, if done, will promote transparency in the future leaders of Kenya.
Henry Akwitti, Lagos, Nigeria

If Mr Moi does not face a trial, then Kenya's political leaders are immoral and they are most likely to follow the same corrupted networks.
Tsegayee Merkato, Nairobi, Kenya

Prosecution can take many forms. Best for Kenya if at least some of the monies are returned to the country for development. This probably provides the best 'win-win' compromise for all concerned. Such kind of 'stealing' goes on in every country and at all levels in different guises. Honesty has never been any politician's forte!
S. Patel, Kisumu, Kenya

No one should be above the law. Especially not corrupt dictators like Moi. If he doesn't get punished what really is there to stop another dictator like him? An example needs to be made of him to show all politicians who squander their country's money what can happen. And he did not do anyone a favour by stepping down quietly - he lost the elections for a good reason.
Naila, Nairobi, Kenya

Put him on trial Pritesh Shah, UK (Kenyan)

For years Moi has run Kenya like his own private business, putting the profits in his own pocket while the people suffered. Kenyan people were scared, but not any longer. We want the man responsible for snatching away our livelihood for so many years put in prison. Put him on trial.
Pritesh Shah, Manchester, UK (Kenyan)

Nobody is above the law.
Brian Gratwicke, Washington DC, USA

Moi robbed our country blind and it would send a good message to his fellow cronies and his victims, us Kenyans, that his behaviour will not go unpunished. It would also be a warning to Robert Mugabe. The biggest crime of the Idi Amin rule was that he got away with it.
Michael Lawrence, Nairobi, Kenya

No one individual is bigger than a country. The principle of common good must prevail all the time. Translated in other words, no effort should be made to target an individual, be him, Moi or Kibaki for that matter if he steps out of line. However, systems and processes must be put in place to make sure those who act outside the principle of common good are punished to the full extent of the law, Moi included.
N Mwangi, Nairobi, Kenya

Roosevelt and Churchill would have been put on trial for the bombings of Dresden, Tokyo, and Hiroshima Mark, USA

In war, even wars of survival, history is always written by the victors. If the axis had won World War Two, Roosevelt and Churchill would have been put on trial for the bombings of Dresden, Tokyo, and Hiroshima. There are those who would put Israel's leaders on trial today despite the fact that many of the countries that fought four wars to destroy it have never made peace. It becomes entirely political.
Mark, USA

Excuse me? Should a suspected bank robber be immune from prosecution because he happens to be the former president of the bank? I don't think so. If there is enough evidence to bring charges against Mr Moi then he should certainly be prosecuted. Only in Africa could this kind of nonsense be contemplated. How can one man steal and keep billions while the rest of the country scrapes by on international assistance? The perception of anyone being above the law sends the wrong message to would be plunderers. No wonder the continent is going to the dogs.
Joe Woyee, USA (Liberian)

Leaders, especially elected ones have been placed in a position of trust and power by the people of their country. They should not be immune from prosecution but should be prosecuted to the full extent of the law. Their acts of corruption cause untold suffering for the people of their nation. Such leaders are criminals in fact their acts are tantamount to treason.
Chisanga Marie Kashoki, Lusaka, Zambia

I am strongly of the opinion that nobody is above the law no matter what the reason may be. Moi should face charges to teach other selfish leaders like Mugabe, Chiluba and others.
Starchembe, Malawi

A message should be sent to every public leader that one should carry his own cross and be ready to face the consequences in wrong doing. So I believe that Mr Moi should be prosecuted!
Timothy Karanja, Nakuru, Kenya

In Kenya we know how to bale cats whilst they still purr John Makau, Dubai

The anti-corruption campaign in Kenya is issue and not personality driven. Several public judicial and parliamentary investigations into corruption mega-scams during the Moi era are on-going and are bound to result in him being brought to justice should he be found guilty.

The point is that Mr Moi and his cronies are not under investigation per se, but that past crimes are being systematically investigated and where Moi and his cronies are adversely mentioned they shall be called upon to put up a legal defence and face the law. Indeed Mr Moi and many of his relatives and friends have already been served such notices of adverse implication by judicial bodies in Kenya.

Any presumptions that he will not be subject to the laws of the land are as speculative, as his guilt, or innocence, is before trial. In Kenya we know how to bale cats whilst they still purr.
John Makau, Dubai, United Arab Emirates

These errant leaders get the positions through a political process and they should know that they lead the country and hold those positions in trust for a better future. Any diversion, they should be accountable by prosecution or voluntarily!
Ashley Amanda, Harare, Zimbabwe

When it comes to politics Mr Moi strived hard to bring democracy not only to Kenya, but to eastern Africa as a whole. He deserves not to be persecuted due to his pass action, handing power over without bloodshed - as it is unusual in African leaders. So why persecute him while he proved that he is a man of the people. Mr Moi should be rewarded for his caring toward his own people instead of persecution.
David M Tang, Sioux Falls, United States

Giving them immunity is as good as giving them the go-ahead Kuan, Indonesia

I am totally against giving leaders immunity. Leaders are in a position to siphon off wealth of a nation. Giving them immunity is as good as giving them the go-ahead. My own country has been ravaged by corruption. I know how bad it is, trust me.
Kuan, Indonesia

Africa and the world should eradicate the ingredients of power that corrupt the most incorruptible powers and, by prosecuting Moi on the basis of these allegations will only be dealing with the symptom not the real cause of the problem.
Thebe Mamakoko, Pretoria, South Africa

One must approach corruption the way they would an internal parasite. An appropriate dosage of medication is necessary in order not to harm the patient while eradicating the pest and preventing recurrence. As demonstrated in Kenya, each country must consider all socioeconomic factors unique to their cases before settling on any cause of action.
Richard C Kaitany, East Lansing, Michigan, USA

NO, they should be held responsible for their actions regardless of their previous position.
Curtis Ainsworth, United States

If a common citizen faces prosecution for a small theft, why shouldn't a leader of a country not face prosecution for stealing billions? Are we not supposed to trust our leaders?
Nelson Petronilho, Angola

Why think of prosecuting those country leaders who are enriching the rich either because of their poor judgments or stay on power to achieve some small rightful progress to their poor peoples. I for one say prosecute first those facilitating powerful agents who push those leaders towards the corruptions and enjoy from the corruptions outcome they did create.
Tesfaye, USA

As a Maasai Kenyan living in America, I appreciate the careful approach the Kibaki Administration is giving the past administration of Moi, sooner or later, the deeds will catch up with all who do. Whether bad or good. What goes out, comes around!
Moses Ole Sakuda, New York, USA

Some desperate situations need desperate measures. Kenya needs a fresh start where the rule of law is enforced to all and without discrimination. Let every human, citizen Moi inclusive be responsible for their misdeeds if convicted.
Samuel Mugo, St Johns, Canada

The more important issue rather than prosecution is justice Rev. David Kashangaki, South Bend

The more important issue rather than prosecution is justice, and restitution. If the stolen funds are returned to the country, and there is a public acknowledgment of the guilty parties, then prosecution is not necessary. However, if someone like Moi is unwilling to testify before the investigating commissions, then not prosecuting him results in no justice being served. Leaders should be presented with a choice- full disclosure or prosecution not just blanket immunity
Rev David Kashangaki, CSC, South Bend, Indiana, USA

Yes they should be prosecuted as they have caused unbelievable amounts of suffering and possible death to the citizens of the country. They stole funds, deprived the people of food and medication all in the name of GREED. They should be given LIFE imprisonment, and that is full life.
Terrie, Vancouver, BC, Canada

Should leaders be granted immunity? Of course not. Why? Because that's why world and local leaders are invariably corrupt. There is no accountability so instead of providing any sort of public service during their time as a government official, it is spent consolidating power and enriching themselves and their friends. This is true in America and this is true throughout the world.
Ron, San Jose, CA, USA

Leaders shouldn't be immune to any form of prosecution especially if it affects them directly or under their watch. However, in order for this prosecution to happen, the public needs to be exposed, if not, educated on the relevance of law in relation to how it affects the common Mwananchi. Without this, there is bound to be chaos and mistaken conception if it is perceived that Moi is being witch-hunted unfairly. Remember this; Moi ruled Kenya for 24 years. He was not the best manager administratively, but he was and is a wise and patriot man who has stood by his country especially in what he believed in.
Symon Ogeto, Chicago, Illinois, USA

No one should be immune from the law! Charles, Montreal, Canada

No one should be immune from the law! To not prosecute this man is to send the message that African leaders, especially those Africans in government, can steal with impunity. Does the African justice system really want to send this message to those in positions of power?
Charles, Montreal, Canada

Prosecution of Moi might start an ethnic war and God knows Kenya doesn't need that right now. Maybe if he's spared prosecution he might help locate the stolen funds by mentioning offenders.
Yohana, Nairobi, Kenya

Let everybody carry his own cross. If the ills tie directly to Moi, then he should be prosecuted, but if other people did it, even if under his directives and there is evidence, then those people should be held personally responsible. Let Moi rest peacefully.
Joel Mobe, Kisii, Kenya

Yes, Moi was a good leader and he will not be prosecuted for what he did not do directly.
John Ayuen Kuol, Toronto, Canada

Sure, politicians must be held responsible for acts and inactions during their tenure, even if they themselves might be innocent. They should be able to call to account those that serve under them or they themselves will be held accountable to us citizens sooner or later. Why should politicians the world over be held responsible for their actions or inactions but not their African counterparts? If they can't stand public scrutiny now or later, they should vie for public office. A word for the wise is sufficient!
Lansana Kajue, London

You do the crime, you do the time. Times like this I wish Zambia's Mwanawasa was the Kenyan President. There is more being covered up since many of Moi's accomplices are serving in the new government.
Kagwi, NY

If Moi were to be prosecuted, there would be huge political ramifications which would hurt rather than help the country Sheila Onzere, Warrensburg

I am a Kenyan living in the US. I think that it's justice as far as African countries are concerned. Prosecuting leaders like Moi is not just a matter of abstaining justice. If Moi were to be prosecuted, there would be huge political ramifications which would hurt rather than help the country. I am not suggesting that African leaders who steal from their countries should not be held accountable, rather what I am suggesting is that there needs to be a careful evaluation of the what would happen if they were prosecuted and more importantly, how to prevent the political unrest that might follow such an action.
Sheila Onzere, Warrensburg, Missouri, USA