List of Applicants and Shortlisted Candidates for the position of Secretary Chief Executive Officer of EACC
We need a paradigm shift in our values systems for a morally upright society
28:03:2024: Corruption and unethical conduct remain a big challenge in the country and the EACC continues to steadfastly implement its mandate to ensure public resources are safeguarded and ethical standards prescribed by the law are adhered to, Commissioner (Rtd) Alfred Mshimba has said. He was addressing the Christian Organizations Research and Advisory Trust of Africa (CORAT) in a consultative meeting on the `State of the Nation’ in Nairobi on Tuesday, 26th March. Commissioner Mshimba hailed the theme of the meeting, ‘State of the Nation’, as an opportune moment for the Commission and religious leaders to come together and discourse on the integrity question in regard to leadership in Kenya. “We must,” he said, “stand up together as leaders and urge Kenyans to embrace leaders of integrity. The elaborate anti-corruption legal framework, especially Art. 73 of the Constitution provides for personal integrity as an important factor before one is entrusted with public office be it through election or appointment. This, Commissioner Mshimba said, demands for strong partnership with organizations of good probity and moral standing such as the Religious Sector. He promised continued working relationship with the faith based groups in the fight against corruption and promotion of integrity in leadership and expressed regrets that the country continues to witness shortfalls in leadership across the social fabric which negates the aspirations of the Constitution. “We need to have a paradigm shift on the values that we entrench in citizens to guarantee a values-driven society. The family unit, religious platforms, learning institutions and media are some of the avenues that we need to explore with value-centric messages to entrench ethics and integrity,” he said. Director of Ethics and Leadership, Mr. John Lolkoloi outlined in a presentation to the religious leaders the Commission’s four-pronged strategy including high-impact investigations with the personalities and value involved, and public interest as the determinant; asset tracing and recovery of both unexplained wealth and corruptly acquired assets; prevention to proactively mitigate corruption through promotion of ethics, institutional and personal integrity; and partnership to enlist and maintain strategic linkages in the fight against corruption. EACC, Mr Lolkoloi said, entered into a partnership with the Religious Sector through a Memorandum of Understanding signed on 17th May, 2017 with the objectives to, among others, increase citizen and stakeholder engagements, and enhance leadership institutional accountability in the fight against corruption; infuse integrity education in religious programmes to guide citizens on their role in promoting integrity; and to appropriate role models and inspire citizens to embrace honest living. The Director of Ethics and Leadership said the fight against corruption requires concerted and sustained efforts. “While the Government continues to support and strengthen law enforcement agencies, citizens have a role to say no to corruption in all manifestations and uphold ethical values,” he said.
Get off the fence on public affairs, EACC’s CEO to the youth
01:03:2024: The Ethics and Anti-Corruption Commission CEO, Mr. Twalib Mbarak has called on the Kenyan youth to take a keen interest and play an active role in the leadership and governance matters in the society. Mr. Mbarak provided numerous pathways through which the young people could access and engage in public affairs including through advocacy, research and innovation, as integrity champions, and by actively participating in electoral processes. He was addressing Pwani University students in Kilifi in a public lecture organized in collaboration with the United Nations Office on Drugs and Crime (UNODC). The lecture’s theme was Youth and Governance in Kenya: Does Integrity Matter? It was meant to sensitize the youth on ethics, integrity and their role in the promotion of good governance. The Ethics and Anti-Corruption Commission CEO, Mr. Twalib Mbarak has called on the Kenyan youth to take a keen interest and play an active role in the leadership and governance matters in the society. Mr. Mbarak provided numerous pathways through which the young people could access and engage in public affairs including through advocacy, research and innovation, as integrity champions, and by actively participating in electoral processes. He was addressing Pwani University students in Kilifi in a public lecture organized in collaboration with the United Nations Office on Drugs and Crime (UNODC). The lecture’s theme was Youth and Governance in Kenya: Does Integrity Matter? It was meant to sensitize the youth on ethics, integrity and their role in the promotion of good governance. Keenly following a skit by Pwani University students on the stage are: seated centre, EACC’s CEO Mr. Twalib Mbarak, to his immediate right, Pwani University VC Prof. James Kahindi, and Linus Kaikai, Group Editorial Director, Royal Media Services. To the immediate left of Mr. Twalib is Nandi County Governor, Stephen Sang and Hon. Owen Baya, MP. Kilifi North Constituency Kenya Bureau of Statistics’ 2020 National Census Report put the youth population at over 60% of the overall populace 55% of which, it is estimated, are in learning institutions. According to the African Union, about 60% of the total population of Africa is below the age of 24 years. Africa, therefore is the continent with the highest youth population on the planet. With that demographic strength, the youth hold an enormous potential for positive action and there is need, therefore, for societal support to inspire and develop a generation that upholds integrity. As such, it is in the interest of the Commission under its education mandate, Mr. Twalib said, to harness young people’s energy, ideas and power of mobilization through such forums. The 21st century, the Commission CEO said, is characterized by instant global communication and interdependent economies and the challenges affecting the youth are a national security concern due to their adverse impact. These include general insecurity, emergence of criminal cartels, drugs and substance abuse, infiltration of national security by undesirable elements, and growth of grey economy all of which are attributed to, mainly, corruption, and poor leadership and general moral decay. Corruption, which Mr. Mbarak classified in five broad categories including grand corruption, administrative corruption, kleptocracy, State capture and strategic corruption, needs the National Integrity Approach to effectively fight it. Mbarak to the youth: “You have an important role to promote integrity and be powerful agents of change by developing innovative and impactful solutions within your communities.” The first approach is to deal with the political culture where the emphasis in on good governance, integrity, transparency and accountability in management of public affairs. The second is to focus on societal values relating to human dignity, equity, inclusiveness and human rights. Lastly, focus on State institutions to strengthen law enforcement agencies foster independent agencies of prosecution and adjudication. Mr. Mbarak called on the youth and the society at large to join hands in the fight against corruption and promotion of ethics. “You have an important role to promote integrity and be powerful agents of change by developing innovative and impactful solutions within your communities,” he said and, at the same time, pledged unwavering support in the quest for an ethical society. Also present, among other dignitaries, were the Vice Chancellor of Pwani University Prof. James Kahindi, Nandi County Governor, Stephen Arap Sang, Member of Parliament for Kilifi North Constituency, Hon. Owen Baya, and a representative of the UNODC, Ms. Jennifer Githu.
Constitutional protection of property does not extend to property that has unlawfully been acquired
One, if called to, must sufficiently explain and provide supporting evidence that their known income could support the purchase of the assets they own
A successful recovery yet again for EACC in Kakamega
31:01:2024: The Ethics and Anti-Corruption Commission has recovered yet another parcel of grabbed government land in Kakamega Municipality. Kakamega Town Block III/271 is a piece of land measuring 0.22 acres that was hived off Kakamega Municipality Block III that the Government had reserved and built residential houses for civil servants and government officers. On November 1, 2001, Sammy Silas Komen Mwaita, then Commissioner of Lands leased Kakamega Town Block III/271 to Audrey Nakholo. The parcel of land was registered in Ms Nakholo’s name on September 28, 2007, and a certificate of lease was issued. The Commission filed a suit against the alienation and transfer of the parcel of land on May 27, 2009, and named Audrey Nakholo and Sammy Mwaita as first and second defendants respectively. It later added Judith Marilyn Okungu who had later on replaced Mr. Mwaita in the matter in the capacity of Commissioner of Lands and effected the illegal transfer as the third defendant. EACC argued that the purported allocation, survey and creation of the suit land within the boundaries of land set aside and developed with government houses was done fraudulently and unlawfully. It also argued that the same was contrary to the provisions of the Government Lands Act Cap 280, Registered Land Act Cap 300 and the Town Planning Act Cap 134. Ms Nakholo, the Commission urged, knew or ought to have known that the suit property was reserved and developed with Government residential houses and was therefore unavailable for allocation. That she knew or ought to have known that the alienation and allocation of the suit property by the second defendant was done in blatant disregard of relevant statutory provisions and regulations on alienation of Government land. She failed to make inquiries, and agreed to benefit from the allocation of the suit property when she knew or ought to have known that the same was not available for allocation. The Commission accused the second defendant of, among others, recklessly failing to comply with relevant statutes and regulations governing the administration and alienation of government land. The Commission prayed for several declarations and orders. One, a declaration that the alienation of the suit property and the subsequent registration and issuance of the certificate of lease to the first defendant was irregular, fraudulent, illegal, and, consequently, null and void. Two, a declaration that the registration of the suit property in the name of the first defendant conferred no estate, interest or right to her. An order directing the Land Registrar, Kakamega to cancel the certification of the lease in the Land Register in respect of the suit property and, lastly, an order of permanent injunction restraining the first defendant and her agents from dealing in the suit property in any way. The first defendant, it must be noted, did not enter appearance in the suit and an interlocutory judgement was entered against her on the Commission’s request. Delivering his judgement on December 8, 2023, at the Chief Magistrate’s Court, Kakamega, Hon. Linus Kassan Concurred with the Commission that indeed, “the parcel of land was obtained irregularly and unlawfully through fraudulent and a corrupt scheme.” He granted all the plaintiff’s prayers including that the suit property be delivered back to the Government.
The registration of Kakamega Town Block III/271 to Audrey Nakholo was premised on illegal documents and was plagued with illegalities that the entire process was illegal and void ab initio
Two Bungoma County police officers to be arraigned tomorrow on bribery charges
30:01:2024: EACC has today, Tuesday 30th January 2024 arrested two police officers in Kanduyi, Bungoma County for bribery. Police Constables (PC) Charles Ogola and Vincent Orwa were apprehended for requesting for a benefit of Kes4, 000 so as to release a motor cycle they had impounded and detained at Kanduyi Police Patrol Base. Commission detectives investigated the bribery allegations after a report was made by a complainant against three police officers on 30th November. It was confirmed that indeed the two officers named above and their colleague, PC Onesmus Kiprop, demanded for a bribe from the plaintiff with intent to release the motor cycle No. KMFJ 355C. The suspects, who are currently being processed at EACC Bungoma Regional Office, will be held in custody at Bungoma Police Station until tomorrow, Wednesday, 31st January 2024 when they will be arraigned. In the meantime, the Commission has directed the third suspect, PC Kiprop, to present himself forthwith to EACC Bungoma Regional Office for processing.
EACC recovers prime Government properties grabbed in Kakamega
27:01:2024: The Ethics and Anti-Corruption Commission (EACC) has recovered six prime Government properties in Kakamega Town cumulatively valued at Kes85 million. The property had been grabbed by private individuals in the town’s Milimani Estate in collusion with corrupt land officials. One of the properties forms the official residence of the Deputy County Commissioner of Kakamega East whose title deed was registered under a private individual making the Government official a squatter on Government land. The Court has since nullified the titles for the six properties and ordered the Kakamega Land Registrar to issue new Title Deeds in the name of the Government, which EACC will soon be handing over to the State Department of Housing. Speaking at the Deputy County Commissioner’s Office yesterday, Friday 26th January, EACC Spokesperson Eric Ngumbi said that Kakamega County is among the counties with high prevalence of land grabbing. Ngumbi revealed that besides the six recovered parcels, EACC is pursuing 20 more grabbed parcels of land in the prime Milimani area. EACC, he said, has already filed recovery cases in Court for 8 parcels while 12 other parcels of land are under active investigations for recovery. The Commission is also pursuing criminal investigations against land officials involved in the fraudulent allocation of Government land. The recovered properties include Kakamega Municipality Block III/239- KAKA/HOU/MG 48, which was recovered from Michael Omusala Wensetze and is valued at Kes7 million; Kakamega Municipality Block III/276- KAKA/HOU/HG 40 that was recovered from Fridah Asamba and is valued at Kes4.5 million; Kakamega Municipality Block III/261- KAKA/HOU/MG 02, recovered from John Katumanga, and valued at Kes7 million. The others are Kakamega Municipality 3/262- KAKA/HOU/MG47 also recovered from John Katumanga and valued at Kes6 million; Kakamega Town /Block/3/64- KAKA/HOU/HG22, recovered from Jacqueline Musalia and valued at Kes26 million; and, Kakamega Municipality/ BLOCK III/242 recovered from Eunice N. Mugala and valued at Kes30 million. EACC is empowered under the framework of Alternative Dispute Resolution to enter into negotiations with graft suspects to facilitate voluntary surrender of what they have stolen from the public. The Commission, said Mr Ngumbi, calls upon all persons holding titles to grabbed government property across the country to voluntarily surrender them instead of waiting for the costly and lengthy ligation process. He appreciated the invaluable support the Commission received from the Judiciary in facilitating the recovery through progressive jurisprudence.
Garisa Water Company boss arraignment deferred to early February
A Court in Garisa has today differed the plea taking of Dolal Mohamed Mohamud, the Managing Director of Garisa Water and Sewerage Company (GAWASCO) to 5th February, 2024 when he will be re-arraigned before a court with proper jurisdiction to handle anti-corruption matters. Senior Resident Magistrate, Hon. Jackson Omwange in whose Court the matter was placed ruled that he did not have jurisdiction. Mr. Mohamud was arrested yesterday, 25th February 2024 after investigations by the Ethics and Anti-Corruption Commission officers revealed that he forged his Kenya Certificate of Secondary Education (KCSE) upon which he advanced his education. The senior public officer, investigations revealed, scored a mean grade of D. He however altered it to C+ and used the forged KCSE certificate to enroll at the University of Nairobi for a Certificate in Purchasing and Supplies. He later used the said certificate, yet again to register for a Diploma in Public Relations. It should be noted that according to the University of Nairobi admission requirements, the minimum qualification for a Certificate course is C- (minus) and C+ (plus) for Diploma all of Which Mr. Mohamud did not have. He later proceeded to Mt. Kenya University for a Bachelor of Arts in Development Studies using the Diploma certificate. Mohamud, investigations revealed, joined GAWASCO in February 2007 as a Billing Clerk. He was appointed Human Resource and Administration Manager on 1st December 2015. On 12th March 2020, he was moved to head the Corporate Affairs and two years later, in August 2022, he was appointed Ag. Managing Director. He was confirmed to the position in September 2023. He was arraigned on a total of four counts; first two on fraudulent acquisition of public property and forgery respectively, and the last two on uttering a false document. On the first charge, Mr. Mohamud is accused of fraudulently acquiring Kes12, 987, 290 in salaries having uttered a false Kenya Certificate of Secondary Education upon which GAWASCO relied to employ him for 14 years, from 2010 to 2023. For the second charge, the Managing Director of GAWASCO is accused of forging a Kenya Certificate of Secondary Education number 563053, Index Number 801101/51 with Mean Grade C+ (Plus) from Garisa High School purporting it to be a genuine certificate issued to him by the Kenya National Examinations Council (KNEC). He is also accused of knowingly and fraudulently uttering a KCSE Certificate to the Managing Director GAWASCO in 2007 purporting it to be a genuine certificate for consideration of a position of Billing Clerk. Lastly, he is accused of knowingly and fraudulently uttering a KCSE Certificate on unknown date to the Dean, School of Continuing Distance Learning, University of Nairobi purporting it to be a genuine certificate. He was released on initial police bail terms of Kes200, 000 cash bail or a personal bond of Kes500, 000 until 5th February 2024 when he returns before a Court with anti-corruption jurisdiction to take plea a fresh.