Author: admin_eacc

EACC Rides On Bodaboda Network to Promote Anti-Graft Campaign

The Ethics and Anti-Corruption Commission(EACC) has been rolling out a targeted public engagement strategy as it seeks to promote wider participation in its sensitization programmes against corruption. The strategy is in line with Article 13 of the UN Convention Against Corruption (UNCAC, 2003) which requires states to draw in groups outside the public sector such as civil society, non-governmental and community-based organizations, youth and women’s groups, and faith-based organizations. In rolling out its strategy, the Commission was guided by the findings of a survey it conducted in 2018, which ranked Kisii County 9th (at 52.0%), Homabay 10th (at 51.9%) and Nyamira 11th (at 46.2%) in the levels of bribery payments. The National Survey on Ethics and Corruption also indicated that 56.6% and 55.3% of the people in Kisii and Migori counties respectively paid bribes because that was the only way to access services from public offices. The Commission then identified the boda boda sector as its key stakeholder in the sensitization campaign in these counties due to its grassroots nature and immense contribution to the national economy. The campaign was conducted by officers from the Commission, the National Transport and Safety Authority(NTSA) and Traffic Police. It consisted of open-day public outreaches for the boda-boda riders and the general public and a half-day training for each county’s Boda-boda officials. The Commission also disseminated assorted information and communication materials on anti-corruption and ethics. In partnership with Royal Media Services, the Commission undertook a one-week radio promotion programme targeting the public, boda-boda business networks, the local communities, law enforcers and regulators. The programme, which was also disseminated through local TV and FM stations, reached an audience of more than six million. The campaign sought to achieve the following objectives: Engage boda-boda operators and networks as key stakeholders in corruption prevention and promotion of integrity. Enlist the support of the general public in the prevention of corruption and promotion of integrity. The campaign also expected the following outcomes: Improved levels of awareness on corruption and ethics; Improved levels of corruption reporting; Improved level of corruption intolerance, and Increased support by the public in the fight against corruption.

Two Catholic University Students Risk Jail Term for Corruption

Two Catholic University law students risk a jail term of eight months for offering their registrar a bribe to induce him to help them graduate without attaining the required qualifications. Academic Affairs Registrar Caleb Opwara reported to the Ethics and Anti-Corruption Commission that the fourth year students — Jecinta Kiguru and Joan Wanjiru – had offered him Shs.500,000. Investigators set a trap and arrested them moments after giving the registrar a down payment of Shs10,000 to facilitate the fraud. The students first appeared in court on 28th October, 2016 where they were charged with five counts relating to corruption. They returned to the Milimani Anti-Corruption Court on 12th April this year where they were found guilty and sentenced as follows: COUNT I: Conspiracy to commit an offence of Corruption Contrary to Section 47(a) as read with Section 48(1) of the Anti-Corruption and Economic Crimes Act No.3 Of 2003. Fine of Kshs.60,000 each or eight months’ imprisonment in default. COUNT II: Corruptly offering a benefit contrary to Section 39(3)(b) as read with Section 48(1) of the Anti-Corruption and Economic Crimes Act No.3 Of 2003. Fine of  Kshs.60,000 each or eight months’ imprisonment in default. COUNT III: Corruptly offering a benefit contrary to Section 39(3) (b) as read with Section 48(1) of the Anti-Corruption and Economic Crimes Act No.3 Of 2003. Fine of Kshs.60,000 each , in default 8 months imprisonment in default. COUNT IV: Corruptly offering a benefit contrary to Section 39(3) (b) as read with Section 48(1) of the Anti-Corruption and Economic Crimes Act No.3 Of 2003. Fine of Kshs.60,000 each or eight months’ imprisonment in default. COUNT V: Corruptly giving a benefit contrary to Section 39(3) (b) as read with Section 48(1) of the Anti-Corruption and Economic Crimes Act No.3 Of 2003. Fine of Kshs.60,000.00 each or eight months’ imprisonment in default. The students were required to Shs. 300,000 each or risk going to jail for eight months.

Inclusivity Earns Commission Recognition

The Ethics and Anti-Corruption Commission(EACC) has been awarded a certificate for being inclusive and diverse at the National Diversity and Inclusion Awards and Recognition held on 12th April, 2019. The Commission was recognized among ten other Commissions, at a Gala Dinner themed “Making Inclusion an Everyday Reality – Celebrating your Inclusion Success” that was held at the Safari Park Hotel and hosted by DIAR_AWARDS 2019. The ceremony was attended by members of staff representing different departments at the Commission . The Commission thanks the organizers and is proud to be recognized for inclusivity.

MOU Puts Saccos Corruption Cartels on Notice

25 March 2019: An MoU signed yesterday signals a rough time ahead for corruption cartels in the co-operative sector. The Memorandum of Understanding between the Ethics and Anti-Corruption Corruption Commission and the sector provided the perfect platform for the CEO, Mr Twalib Mbarak, to warn the cartels to reform or else the Commission would initiate “lifestyle audits of all the personnel charged with the running of Saccos to catch those who have accumulated unexplained wealth”. The signing, witnessed by various players in the sector, was officiated by the Principal Secretary, who signed on behalf of the State Department for Co-operatives under the Ministry of Industry Trade and Co-operatives. The Ethics Commission for Co-operatives Societies initiated the cooperation to streamline ethics and integrity due to the many challenges in the sector. The MoU aims to strengthen and operationalize a co-operation framework between the parties in the following areas: Combating and preventing corruption, economic crime and unethical practices; Promoting ethics and integrity through the enforcement of the Declaration of Income, Assets and Liabilities and Code of Conduct for State and Public Officers; Creating a mutually beneficial relationship that will assist in the prevention of corruption, economic crime and unethical conduct. In his keynote address, EACC Chair retired Archbishop Eliud  Wabukala called for integrity in the sector while at the same time applauding its contribution to Kenya’s economic development. He thanked the leadership of the Ministry of Industry, Trade and Co-operatives for its effort and co-operation towards the development of the MoU, which he welcomed as a demonstration of its desire to rid the cooperative sector of corruption for value addition towards members’ investments. The PS, State Department of Co-operatives, Mr. Ali Ismail, called for co-operation from all the stakeholders in the sector to support the MoU and ensure its full implementation. He highlighted the gains made by the sector, noting its contribution to the GDP of the Kenyan economy.

A Milestone as Commission Recovers Kshs.780 Million Public Property

The Ethics and Anti-Corruption Commission has handed over to Bomet and Nakuru Counties 11 public properties it recovered through Alternative Dispute Resolution(ADR) mechanism and judicial processes. The properties, with an estimated value of more than Kshs. 780 million, comprise: 140 acres of Naivasha Municipality land valued at Kshs.490 million that had been reserved for research purposes.; two blocks of land belonging to Nakuru Municipality with an estimated value of 116.2 million; 27 public officers’ residences and two parcels of land reserved for a survey camp for the Department of Survey in Nakuru; two blocks of land valued at 4.2 million reserved for the construction of a stadium in Sotik township in Bomet; and 150 million Postal Corporation land which was disrupted during an irregular alienation process in Nakuru town along Kenyatta Avenue. Speaking during the handing over ceremony, the Commission’s Chair, Retired Archbishop Eliud Wabukala, called for cooperation from county governments, state organs and the public to hasten the recovery process of all public properties in the hands of corrupt individuals. He specifically thanked the Bomet and Nakuru County governments for their support and cooperation that led to the successful recoveries. Nakuru County Governor Lee Kinjanyui promised to continue with the implementation of the recommendations of a Corruption Risk Assessment report that the Commission handed over in 2018. The Ministry of lands, represented by the Chief Administrative Secretary, Mr. Gideon Mung’aro, lauded the Commission for its good work. He said the ministry would mobilise all its resources to avert more losses of public land and property. The Commission’s Chief Executive Officer, Mr. Twalib Mbarak, assured the public that the war against corruption was not political. He highlighted the measures the Commission had taken to prevent and disrupt corruption, among them the regular Corruption Risk Assessments it carries out in the counties.   “In particular, the Commission has averted losses estimated at Kshs. 7.4 billion in this financial year” he noted, adding that more receoveries were being done through Alternative  Dispute Resolution mechanisms to avoid lengthy judicial processes. He particularly noted that one of the recovered assets handed back had taken 11 years in court.   The handing over ceremony was done at Sarova Woodlands hotel in Nakuru County.

Ethics Tips a Big Hit with Students at Eldoret Trade Fair

The theme of schools’ Integrity Clubs proved to be a crowd-puller at the EACC’s booth in the just concluded Eldoret Trade Fair. Eager students and pupils made a beeline for the booth where they were enlightened on the value of the clubs and their expected impact in their schools. The Ethics and Anti-Corruption Commission introduced Integrity Clubs in schools with the main purpose of enabling learners to pursue integrity and ethics as the foundation of their lives. The clubs give learners an opportunity to discuss moral dilemmas which they encounter in their personal and communal lives. The clubs are also meant to give learners an opportunity to interact with moral issues in a structured manner. The Commission, in collaboration with the Ministry of Education, launched the clubs on 17th November, 2010 at the then Kenya Institute of Education, currently called Kenya Institute of Curriculum Development(KICD). Thereafter, the ministry issued a circular directing all institutions of learning to establish Integrity Clubs. During the show, the Education Training and Public Awareness team indicated that the club culture was the Commission’s major focus at the event with the aim of promoting the importance of the clubs to students and teachers and also to build a network with the visiting schools for establishment of the clubs. The students were educated on the importance of upholding integrity and ethical conduct and advised to avoid bad records in schools that could limit their chances of securing jobs in the public service. Various state agencies and private establishments displayed their goods and services at the trade fair, which was held from 6th-9th March 2019 at Eldoret’s Agricultural Society of Kenya Showground.

Schools May Provide the Key to Insuring Kenya’s Future Against Corruption

It is gratifying to note that key leaders in Government have today bolstered the war on corruption by publicly demonstrating their disdain for corrupt practices as well as castigating corrupt individuals as those who are unworthy of emulation and unfit to hold public office.  A section of Kenyans also deserves applause for their alertness and keenness to report dubious transactions in both the County and National Governments which, unlike in the past, do not occur unnoticed. This notwithstanding, as we scorn, investigate, arrest and charge corrupt leaders, we should also as a country reflect on the root cause of corruption and take a determined position to insure our future against it. Rampant corruption secured accommodation in Kenya when we lost focus on ethical values as the main qualifiers for our educational curriculum, placement in jobs, promotions and celebrities, and bartered these for intellectual prowess and materialism. A lot of today’s corrupt leaders were never properly nurtured by their parents at home, or teachers at school and neither did the church/mosque nor the educational system prioritize their good character building.  This character deficiency is apparent in leaders who, with moral dwarfness, desire to own the whole world if it were possible; people who compete to be materially better than everyone else rather than seek richness in values such as honesty, humility and fear of God. To reclaim a corruption free country, the education system in both its formal and non-formal dimensions must be reformed to conform to the standards of a true education that appeals to the intellect as well as the morals. There are several religious focused curricular in the world which can be contextualized to salvage us from our current dungeon. Additionally, stringent laws and penalties should be applied to those who are sufficiently suspected to promote or protect corrupt dealings. It has been both gratifying and refreshing to witness many schools, with the help of the Ethics and Anti-Corruption Commission, establish Integrity Clubs. The essence of these clubs is to enable students to: discuss ways of eradicating corruption within the school environment; look out for stolen items and reconnect them with the owners: generate weekly values to be observed by the entire school; engage in indoor and outdoor cleaning and charity services; and establish entrepreneurship and survival enterprises, and install posters and notices on anti-corruption within the schools. When fully embraced and sustained, this initiative will gradually raise a generation which will despise the example of current corrupt leaders and use its moral stamina to revolutionize the public sector and the general society. By learners practicing honesty in handling of examinations, school levies, school property and, above all, acknowledging the commandments of God, of the country and the school, we can with certitude insure the future of Kenya against corruption. It is imperative that parents, teachers, religious leaders and the government confederate, through their moral examples and ideological support, ensure that ethical values are inculcated in the young people to prepare them to resist any corrupt insinuations.

MOU to Strengthen Anti-Graft Fight in Cooperative Sector

The Ethics and Anti-Corruption Commission has come together with the State Department for Cooperative Societies and Ethics Commission for Cooperative Societies to promote ethics, corruption prevention, education & awareness and law enforcement. Representatives of the three bodies and other stakeholders have already met to validate a draft memorandum of understanding to set up a joint platform for that purpose. Speaking during the validation exercise at a breakfast meeting, EACC’s CEO, Mr. Twalib Mbarak, warned Saccos’ to run the institutions with integrity and professionalism, noting that the Commission had so far received 400 complaints from cooperatives 16 of which fall under the Commission’s mandate. He promised to have the MoU ready for signing in a week in order to expeditiously deal with the rot in the Saccos. In his keynote address, the Commission’s Chair, Retired Archbishop Eliud Wabukala, highlighted recent media reports indicating the existence of massive corruption and unethical conduct in the cooperative sector, which had resulted in the loss of millions of investors’ savings and property. “A quick glance at the reports received by the Commission regarding the cooperatives sector,” said the Chair, “paints a picture of a sector bedeviled by poor governance, lack of transparency, accountability and low value for investors’ money.” He warned that corruption in the country had reached unprecedented levels and stressed the need for concerted efforts to eradicate the vice. He added: “Corruption is a multifaceted phenomenon which cannot be eradicated by one institution. It is, however, key to note that EACC has continued to exercise its mandate of combating and preventing corruption and economic crimes in Kenya as provided for in the Ethics and Anti-Corruption Commission Act of 2011.” The Chair noted that the initiative – the joint platform — had come at an opportune moment that would enable the Commission and the cooperative sector to put in place drastic measures to reverse the trend. He called upon the cooperative movement to support the partnership and do their work diligently, acknowledging that the sector plays a critical role in resource mobilization. “This will spur economic growth in line with the aspirations of vision 2030, medium term plan and help in the realization of the government’s big four agenda and sustainable development goals,” said the Chair. On strategic partnerships and alliances, he said the Commission had a specific mandate under the law to forge such platforms to strengthen the fight against corruption. The Principal Secretary, State Department for Cooperatives, Ms.Susan Mochache, spoke of her ministry’s commitment to ensure that the cooperative sector realized the benefits and opportunities of the synergies to tackle corruption and other challenges facing the co-operative movement. She noted that Kenya was rated first in Africa with over 22,000 registered cooperative societies commanding a membership of over 14 million and employing more than 500,000 people directly and another 1.5 million indirectly. The cooperative movement  had also mobilized members’ savings and deposits of over Ksh.732 billion, with an asset base of more than Ksh.1trillionand, and a loan portfolio exceeding Ksh.700 billion as at 2017, which contributes to about 30% of the national savings. However, she noted that the co-operative movement continued to face various challenges such as weak governance; poor management by boards/committees, and corruption. She was hopeful that these would be urgently addressed through the anticipated signing of the MoU. The Principal Secretary thanked both EACC and Ethics Commission for Cooperative Societies for initiating a mechanism for collaboration in efforts to mainstream ethics, and enforce the law for the betterment of the cooperative sector.  

Embu Systems Review Report Exposes Loopholes

The Ethics and Anti-Corruption Commission has revealed the findings of a systems review of the Embu County Executive and Assembly following an assessment conducted between 26th February and 13th March 2018. The findings highlight weaknesses in various functional areas that include, the operating environment, financial, supply chain, project and human resource management; administration, information communication technology, and internal audit. County Assembly The assessment, done by prevention officers from the Commission, reveals loopholes such as supplementary budget estimates approvals that exceed 10% of the initial estimates, and failure to activate e-procurement modules for IFMIS in the County Assembly. It further reveals: Failure to constitute disciplinary committees which may lead to unfair and un-procedural handling of disciplinary cases in the human resource management. Use of private emails to transact official business which the Commission warned could lead to leakage and manipulation of confidential information. Absence of complaint registers which, the report warns, may make it difficult to record and effectively analyse and respond to complaints including those related to corruption. Loopholes in Committee registers which show some members attending more than one meeting concurrently; signing of registers after they are officially closed which, the report notes, could lead to irregular payment of allowances for meetings not attended. Surrendering of imprests beyond the stipulated timelines. Failure to register vehicles bought under the Car and Mortgage Scheme in the joint names of the County Assembly and the respective members. Absence of records of official searches conducted to verify ownership of property intended to be purchased as required by the law. The Executive The Executive faced similar challenges, among them a lack of governance instruments such as policies, manuals and operational guidelines, customer service charters and a strategic plan. In the financial management area, the report reveals a failure to fully automate the payment system, incurring expenditure on unplanned transactions, delays in banking collected revenues, which may lead to loss of public funds. And as with their County Assembly counterparts, the Executive lacked a well-structured mechanism for reporting and receiving both external and internal complaints. The report uncovered some payment vouchers that were paid without adequate supporting documents. The county executive is also shown to have accumulated pending bills amounting to Kshs. 645,029,897.41 by the time the review was done, an indication of poor credit management and delays in imprest surrenders. The Commission made some recommendations, which it expects the county to implement. Speaking during the handing over of the assessment report, Commissioner Rose Mghoi said: “The findings raised should provide the County with an opportunity to relook at the systems of work and reduce opportunities for corruption. Strong systems discourage corrupt officials due to the sure chance of being caught and punished.” She called for individual commitment and responsibility to fight corruption and said the Commission was compiling a comprehensive advisory which would be distributed to each county for implementation. Receiving the findings, Embu County Governor Martin Wambora expressed his gratitude for the timely report, which he promised to implement.  He also revealed that some of the recommendations had already been effected following the signing earlier of a working formula matrix with the Commission. Assembly Speaker Josiah Thiriku promised to read and implement the recommendations of the report and to work together with the Executive for the betterment of the County.

Djibouti Anti-Graft Agency Benchmarks at EACC

A delegation from the National Anti-Corruption Commission of Djibouti (NACCD) visited the Ethics and Anti-Corruption Commission to learn the Commission’s anti-corruption strategies. Led by the NACCD President, Ms. Fatouma Abdilahi, the delegation arrived in Kenya on 12th of February 2019 for a nine-day visit to pick up tips about corruption prevention measures and how to mainstream ethics and integrity in the public and private sectors. The team held extensive discussions with its Kenyan hosts and even visited an Integrity Club at Kathiani High School in Machakos County.  Addressing the delegation at the EACC offices in Nairobi, Commission Secretary/CEO Twalib Mbarak noted that because corruption keeps mutating, it was important to invest in preventive measures, which he described as a cheap approach but with a long term impact. While acknowledging the solid measures that EACC had put in place to combat corruption, Ms. Fatouma said: “We are pleased to note a range of efforts to strengthen anti-corruption strategies in Kenya and it is our hope that what we have learnt will help NACCD in identifying priority areas in the fight against corruption in Djibouti.” The delegation visited various government agencies like the Kenya Revenue Authority, Kenya International Convention Center (KICC) and the Agriculture and Food Authority (AFA) where it was taken through the process of establishing and sustaining Corruption Prevention Committee and Integrity Assurance Officers. The delegation also toured the Kenya Leadership and Integrity Forum at the National Integrity Academy.