Commission Wins Eleven Year Legal Battle As Court Orders Forfeiture Of Ksh41.2 Million to The State.
14.05.2019-The Court of Appeal has ordered the former National Water Conservation and Pipeline Corporation Finance Manager Mr. Stanley Mombo Amuti to forfeit Ksh41.2 million because he could not account how he obtained the cash. Three judges of the Court of Appeal in Nairobi decided the case in favour of the Ethics and the Anti-Corruption Commission (EACC) because Mr Amuti could not account for the money deposited in his bank account. The court made the judgment after a long protracted legal battle between EACC and Mr Amuti dating back to the year 2008. The precedent setting case sends a strong message to owners of corruptly acquired assets. The cash will be forfeited to the state. A three-judge bench said that the law protects only the rights of those who acquire property by licit means. Those who acquire property unlawfully cannot claim protection provided by the legal system. The Commission filed the civil suit at the High Court in 2008 and won the case but Mr. Amuti was dissatisfied and lodged an appeal against the decision of the High Court. The Appellate Court found that there is no violation of the right to property if an individual is requested to explain the source of his assets that is disproportionate to his legitimate source of income. The court ruled that an individual has the evidentiary burden to offer satisfactory explanation for legitimate acquisition of the asset or forfeit such asset.
Court Fines Kenya-Re Director and his Accomplice Ksh.14 Million for Corruption
14.5.2019 -A Former Director of the Kenya Re Insurance Corporation, Mr.John Faustin Kinyua and a former manager with Heritage Insurance Company Limited, Mr.Charles Gichane have been fined a total of Ksh14,787,584 after being found guilty of fraud by a court in Nairobi. Anti-Corruption Court Magistrate, Mr. Lawrence Mugambi found the two guilty and ordered them to pay the fines. Mr Kinyua, a former Director of Finance and Corporate Services was convicted for abuse of office while Mr. Gichane was convicted for fraudulent acquisition of public property. Each accused will separately pay Ksh7,393,792 or serve a four-year jail term in default. The magistrate found that the prosecution had produced evidence to prove a case against the two beyond reasonable doubt. He said the evidence shows that the two accused persons took time to plan and execute the fraud against Kenya Re. The accused were charged in court following investigations by the Ethics and Anti-Corruption Commission (EACC) over the fraudulent sale of a house owned by Kenya Re within Nairobi County. The Commission investigated an allegation that Mr. Kinyua, fraudulently sold Kenya Re’s Property LR. 209/10611/106 House No. 70 situated at Villa Franca Nairobi to Charles Kinuthia Gichane. The house was sold for Kshs 3,196,896 an amount allegedly paid by Mr. Gichane. Investigations established that Kshs 3,196,896 in respect of the sale was not made by Mr.Gichane. The amount was paid by his employer Heritage Insurance Company Ltd to settle re-insurance claims due to Kenya Re from Heritage Insurance Company Ltd. Mr. Kinyua collected the cheque, banked in it Kenya Re’s account, altered a copy of the pay in slip and presented it to his employer Kenya Re as payment by Mr.Gichane for purchase of the house.
Anti-Corruption Week to Entrench Ethics in Siaya County
13th May 2019: The Ethics and Anti-Corruption Commission is this week focusing on Siaya County. It has launched an Anti-Corruption Week programme which it hopes to roll out to all the sub-counties to sensitise members of the public on ethics and rally their support for the war on graft. The launch was marked by the flagging off of a caravan at Agricultural Training Centre in Siaya town. The programme was officially launched by Commission’s Vice-Chair, Ms. Sophia Lepuchrit accompanied by County Governor Cornel Rasanga, marked by flagging off of a Caravan at Agricultural Training Centre in Siaya town. The other activities lined up during the week include training sessions on ethics and integrity for Public Officers from National Government agencies, County Government Officials, Members of County Assembly and other officials. The Commission is also targeting pupils and students in select schools within the county. The school outreach programmes are designed to create awareness of integrity and ethics among the youth so as to nurture and build good character and behavior to bring up responsible and ethical citizens. School managements, teachers and students will be advised on the best ways to promote integrity and other values, and encouraged to establish Integrity Clubs. The anti-corruption week will culminate in a public baraza set to be held at Ahindi Gardens on Friday 17, May, 2019. The baraza will give stakeholders an opportunity to engage with the county leadership on the best ways to address graft issues and unethical practices. The county leadership is also expected to sign a commitment with EACC on corruption prevention. Speaking during the launch, Commissioner Lepuchrit warned that action would be taken against those who contravened the provisions of Chapter 6 of the Constitution and cautioned against misappropriation of public resources. “As you know, corruption poses a serious risk to the development agenda both in the counties and national government,” she said, adding that” the theft and misuse of public resources drains our otherwise rich country of its resources, leaving a trail of destruction, affecting all of us. She urged all stakeholders to play their role in the graft fight and thanked the county leadership for supporting the programme. The Commission has conducted similar outreach programmes in more than 15 counties since the establishment of counties and plans to eventually cover all the 47 counties.
Commission Participates in Commonwealth Anti-Corruption Agencies Conference
The Ethics and Anti-Corruption Commission is participating in the 9th Commonwealth Regional Conference of the heads of anti-corruption agencies in Africa. The week-long event aims to create a platform for the agencies to strengthen their cooperation and collaboration in the fight against corruption. The conference, whose theme is, Time to act: Prevent corruption for sustainable development, was officially opened by Uganda’s President Yoweri Kaguta Mseveni at Lake Victoria Serena Golf Resort & Spa in the country’s capital city, Kampala. Among those present is Rt. Honourable Patricia Scotland, the Commonwealth Secretary General. The anti-corruption drivers are expected to share experiences and innovative strategies. The conference will conclude with the annual general meeting of the association and election of new officials. Member countries will also sign a final communiqué outlining the agreed policy interventions. The Commission’s Chief Executive Officer, Mr. Twalib Mbarak, and other officials are representing Kenya.
Botswana Ombudsman benchmarks at EACC
30th April 2019: The Ethics and Anti-Corruption Commission had an opportunity this week to showcase its functions to a delegation from the office of the Ombudsman of Botswana. The visitors met the Commission’s Chairman, Retired Archbishop Eliud Wabukala, his Commissioners and the management team, who briefed them on the functions of each directorate and department. The five-member delegation is on a study tour with a specific interest in state governance and oversight agencies. It is led by the Ombudsman of Botswana and African Ombudsman, and Mediators Association (AOMA) coordinator, Honourable Augustine Makgonatsotlhe. Its visit ends on 2nd May, 2019. The Commission, being one of the law enforcement agencies in Kenya, was selected for benchmarking to specifically highlight its anti-corruption, unethical conduct and public education strategies.
Kidero Released On Ksh 8 Million Cash Bail
30 April, 2019: Former Nairobi City County Governor Dr. Evans Kidero, who is facing corruption charges over illegal payment of Ksh68 million has been released on a cash bail of Ksh.8 million by the Milimani Anti-Corruption Court in Nairobi today. Dr. Kidero and ten other suspects were arrested by the Ethics and Anti-Corruption Commission (EACC) detectives and arraigned in court on Monday 29th April, 2019. The suspects had been remanded in custody for one day by the court following objections of their release by the prosecution. The trial Magistrate Mr. Douglas Ogoti sitting in Milimani Court while making a ruling on the bail application ordered Dr. Kidero to pay a cash bail of Ksh 8million or an alternative bond of Ksh20 million with a surety of same amount. Other suspects given similar bail terms as the former Governor are, Paul Mutunga Mutungi (former City Councillor); Nairobi City County accountants- Ng’ang’a Mungai Ng’ang’a, James Mimi Mbugua, Elizabeth Wanjiru Nderitu, and Alice Njeri Mundia. The other suspects, were granted cash bail of Ksh4 million each or an alternative of Ksh10 million bond with a surety of same amount each. Dr. Kidero is charged alongside George Wainana Njogu (former Nairobi City County Chief of Staff and Director Cups Limited); Paul Mutunga Mutungi (former Nairobi City Councillor); Aduma Joshua Owuor (former acting Director of Legal Affairs, Nairobi City Council, and now Member of Parliament for Nyakach Constituency);John Ndirangu Kariuki (former Mayor of Nairobi City); Manasseh Karanja Kepha (Ag. Deputy Director Internal Audit); Philomena Kavinya Nzuki (Principal County Accountant); Accountants Ng’ang’a Mungai Ng’ang’a, Charity Muringo Ndiritu, Peterson Andrew Njiru, Ekaya Alumasi, James Mimi Mbugua, Elizabeth Wanjiru Nderitu and Alice Njeri Mundia. The others are Hannah Muthoni Kariuki and John Ngari Wainana (co-Director Cups Limited). The suspects face charges of conspiracy to commit an offence of corruption; unlawful acquisition of public property; abuse of office, dealing with suspect property and money laundering. The Office of the Director of Prosecutions has approved the prosecutions. The case will be mentioned on May 4th for further directions.
Former Nairobi Governor Faces Fresh Charges in Court
Former Nairobi Governor Faces Fresh Charges in Court 29 April 2019: Former Nairobi county boss Evans Kidero is appearing in court today together with 10 other people to answer to graft charges relating to payments of Kshs68 million to a legal firm. According to the Ethics and Anti-Corruption Commission, the payment to Wachira Mburu, Mwangi and Company advocates was irregular and was made under the instructions of the then acting Director of legal affairs Nairobi City Council, and now Member of Parliament for Nyakach Constituency, Mr. Aduma Joshua Owuor. Mr. Owuor is said to have instructed Mr. Steven Kariuki of Wachira Mburu/ Mwangi Company Advocates to act on behalf of the City Council in HCC No. 875 of 2010 Kyavee Holdings Limited Versus City Council of Nairobi without following the laid down procedure. Investigations by the Commission further established that Kyavee Holding Limited does not exist and therefore it had no legal capacity to sue Nairobi City Council. It also reveals that the property in dispute, L.R No 209/8254, is Mariakani Primary School’s playground and has never been re-allocated and therefore Kyavee Holding Limited had no claim on the land. Investigations also reveal that the advocate representing Kyavee Holding Limited did not possess a valid practising certificate at the material time, and that there was no service rendered to the county government to justify the payment of Kshs68 million. The suspects face charges of conspiracy to commit an offence of corruption; unlawful acquisition of public property; abuse of office, dealing with suspect property and money laundering. The office of the Director of Prosecutions has approved the prosecutions. Dr. Kidero is charged alongside Mr. George Wainana Njogu (former county Chief of Staff and Director Cups Limited); Mr. Paul Mutunga Mutungi (former City Councillor); Aduma Joshua Owuor; Mr. John Ndirangu Kariuki (former city mayor); Mr. Manasseh Karanja Kepha (Ag. Deputy Director Internal Audit); Ms. Philomena Kavinya Nzuki (principal county accountant); accountants Ng’ang’a Mungai Ng’ang’a, Charity Muringo Ndiritu, Peterson Andrew Njiru, Ekaya Alumasi, James Mimi Mbugua, Elizabeth Wanjiru Nderitu and Alice Njeri Mundia. The others are Ms. Hannah Muthoni Kariuki (reecipient of Kshs11 million), and Mr. John Ngari Wainana (co-Director Cups Limited).
EACC Enhances Implementation of Declaration of Income, Assets and Liabilities System
EACC’s Secretary/Chief Executive Officer, Mr. Twalib Mbarak addressing the media after the Stakeholders’ Validation Workshop for Draft Administrative Procedures for the Management of Declaration of Income, Assets and Liabilities (DIALs). Looking on is the EACC Chairperson, Archbishop (Rtd.) Eliud Wabukala The Ethics and Anti-Corruption Commission (EACC) held a validation workshop to review Draft Administrative Procedures for the Management of Declaration of Income, Assets and Liabilities (DIALs). The participants were drawn from Responsible Commissions mandated to implement the provisions of the Public Officers Ethics Act, 2003(POEA) in the National Government. The procedures, which were drafted by EACC, were presented at a stakeholders’ Validation Workshop on April 11th, 2019 at the Kenyatta International Convention Centre (KICC), Nairobi. The Workshop was officially opened by Prof. Margaret Kobia, represented by Hon. Rachel Shebesh, Chief Administrative Secretary in the Ministry of Public Service, Youth and Gender Affairs, accompanied by the EACC Chairperson, Archbishop (Rtd.) Eliud Wabukala. Prof. Margaret Kobia thanked the Commission for carrying out its oversight mandate diligently by supporting public entities to comply with the leadership and integrity requirements provided for under Chapter Six of the Constitution and in other related integrity laws. On his part, the EACC Chairperson, Archbishop (Rtd.) Eliud Wabukala, welcomed such collaboration with stakeholders from the National Government, saying it is a step in the right direction and resonates very well with Kenyans’ expectations of public institutions in the quest for integrity and good governance. EACC’s Secretary/Chief Executive Officer, Mr. Twalib Mbarak called for the need to fast-track the validation of the Procedures, and urged the participants to carry out their duties professionally, diligently and vigorously, in order to trace and recover any assets acquired through illegal means. Development of administrative procedures is a mandatory requirement as stipulated under Section 33(1) of the POEA which requires that each responsible commission develops administrative procedures for management of DIALs for its Public Officers. In addition, Section 33(4) of POEA requires the responsible commission to publish the procedures failure to which a Public Officer is not obliged to make their declaration. To date, only three (3) out of the over twenty (20) responsible commissions in the National Government have in place updated administrative procedures. These entities include the Teacher Service Commission (TSC), Public Service Commission (PSC) and the EACC. It is for this reason that, pursuant to Section 44 of the Leadership and Integrity Act, 2012, which empowers and obligates EACC to provide advisory services towards compliance with the integrity laws, the Commission developed and harmonized generic administrative procedures in order to support the Responsible Commissions in the National Government in developing their own. Previously, the Commission has also assisted the County Public Service Boards, County Assembly Service Boards and County Assembly Powers and Privilege Committees, who are the designated responsible commissions for managing DIALs, to develop generic administrative procedures, and they are currently at various stages of customizing them for implementation. It is expected after the validation workshop that each responsible commission is to adopt and customize the procedures and publish it in the Kenya Gazette as required by law, before implementation. The implementation will go a long way in enhancing compliance with law regarding financial disclosures by all State and Public Officers. Participants pose for a group photo during the validation workshop to review Draft Administrative Procedures for the Management of Declaration of Income, Assets and Liabilities (DIALs).
Swazuri Released on Cash Bail in Graft Suit
Former National Land Commission (NLC) Chairman Muhammad Swazuri and 10 other officials before an Anti-Corruption Court in Milimani, Nairobi. Former National Land Commission (NLC) Chairman Muhammad Swazuri and 10 other officials accused of corruption were released on cash bail ranging from between Sh1.5 million and Sh12 million. On 17th April, Swazuri and 10 others were arrested by the Ethics and Anti-Corruption Commission detectives and charged in an Anti-Corruption Court on 18th April, 2019. They pleaded not guilty to various charges of corruption and economic crimes including abuse of office, unlawful acquisition of public property, dealing with suspect property, financial misconduct and money laundering. On plea of not guilty being entered against 11 accused before the Court, the defense team applied to have them admitted to bail. However, the prosecution informed the Court that the State was opposed to the release of the accused on bail. The State contended that the accused persons were people of means and if released on bail, are likely to tinker with the evidence by interfering with witnesses by influencing or compromising so as to sway the evidence in a particular way or intimidate them not to give evidence at all. Making the ruling on bail terms, Chief Magistrate Lawrence Mugambi noted he was not persuaded that the threshold for denial was sufficiently met by the prosecution. He however, pronounced the prosecution demonstrated beyond any reasonable doubt the gravity and seriousness of the offenses as a factor the Court must consider in fixing suitable bail terms. The Court directed as follows: 1st Accused: Mohammad Abdalla Swazuri 2nd Accused: Emma Muthoni Njogu 3rd Accused: Tom Aziz Chavangi 4th Accused: Salome Ludenyi Munubi 7th Accused: Francis Karimi Mugo 8th Accused: Catherine Wanjiru Chege They were directed to deposit a cash bail of Kshs. 12,000,000 (Twelve Million), in alternative, a bond of Kshs. 30,000,000 (Thirty Million0 plus a surety of like amount. Mr. Samuel Rugongo Muturi, the 12th Accused person was charged with abuse of office whose value of the subject matter is in excess of Kshs. 15,000,000. He was directed to deposit a cash bail of Kshs. 6,000,000 in the alternative of a bond of Kshs. 15,000,000 plus a surety of the like amount. Officials of the NLC before an anti-corruption court in Milimani, Nairobi. 6th Accused: Lilian Savai Kevernge 13th Accused: Evahmary Wachera Gathondu 14th Accused: Michael George Onyango Oloo The Court directed that the accused persons to be released j=on a cash bail of Kshs. 1, 500,000 in the alternative a bond of Kshs. 5,000,000 plus a surety of like amount. In a addition, the Court issued the following conditions to the accused released on bail or bond: They shall deposit their passports in Court They shall not contact any witnesses Every holder of a public office is barred from accessing the office without prior written authorization of the current head of the respective institution which authorization shall be made after consultation with the Ethics and Anti-Corruption Commission, which is the Investigative Agency.
Commission Recovers Grabbed Public Land in Eldoret
The Commission has recovered five prime parcels of land in Uasin Gishu County which had been illegally acquired by a private company. High Court Judge, Anthony Ombwayo issued orders in favour of the Commission and revoked the titles issued to Lima Ltd. Two properties were reserved as a fire station for Eldoret Municipality while three were reserved for the Administration Police lines. In a judgment delivered on 11th April, 2019, Justice Ombwayo agreed with the Commission, cancelled all the titles and issued orders of permanent injunction against Lima Ltd. The properties are prime as they are at the heart of town, right next to the High Court premises. The Commission will officially handover the recovered land to the respective government agencies at the appropriate time.