Author: admin_eacc

Kiambu Systems Audit Reveals Loopholes

An audit of Kiambu County’s systems, policies, procedures and practices has revealed a number of loopholes such as lack of clear policy guidelines and operating procedure manuals. The results of the audit, which was carried out by the Ethics and Anti-Corruption Commission, are contained in a Corruption Risk Assessment (CRA) report presented on February 12 to Governor Ferdinand Waititu and County Assembly Speaker Stephen Ndichu. The main objective of the audit was to identify and profile weaknesses, loopholes, avenues and opportunities for corruption, and to make recommendations as well as offer appropriate advice on how to streamline the systems, seal the identified loopholes and enhance service delivery to the public. The assessed areas included the operating environment, financial, supply chain, project, human resource, lands and records management, information and communication technology, transport and administration, as well as internal audit.  The audit noted common loopholes such as: Failure to operationalize some Integrated Financial Management Information System (IFMIS) modules; weak budgetary controls and failure to undertake revenue collection reconciliations. Lack of internal controls and checks in the billing process; Lack of a comprehensive Fixed Assets Register. Lack of an elaborate county-wide risk management framework. Use of engineers’ estimates in civil works as a basis for disqualifying bidders and non-adherence to procurement thresholds while choosing procurement methods. Failure to submit project implementation status reports for compilation and monitoring. Delays in completion of projects, and failure to deduct 10 percent retention fee on amounts paid to contractors. Lack of a working framework between the national and country governments, and other stakeholders in the management of alcoholic drinks. Making payments when vouchers are not fully supported and failure to charge log books for vehicles purchased through the County Assembly car loan scheme, among others. Presenting the report, EACC Vice-Chairperson Commissioner Sophia Lepuchirit explained that the Commission applies a three-pronged approach in the fight against corruption — law enforcement, prevention and public education. “This approach is premised on the fact that while the full force of the law must be brought against corrupt persons, it is crucial that anti-corruption efforts be focused on prevention through systems reviews and public education,” she said. Commissioner Lepuchirit urged the county officials to prepare plans/schedules for implementation, which should be submitted to the EACC within a month from the date of the presentation of reports. “The plans will assist EACC to continuously monitor the implementation and to address any emerging issues,” she noted. It is expected that the county will establish effective Corruption Prevention Committees with the Governor and the Speaker as the respective chairpersons. It is also expected to train Integrity Assurance Officers (IAOs) who will offer technical support in mainstreaming corruption prevention. Similar audits have been conducted in Kwale, Kilifi, Kajiado, Nyeri, Tharaka Nithi, Busia, Kisii, Laikipia, Kericho, Vihiga, Taita Taveta, Embu, Kisumu and Kitui, among other counties. The audit findings will help in formulation of advisories to counties on how to strengthen their systems.   The systems audits are conducted in line with the mandate of EACC as stipulated in section 11 (1) (g) and (i) of the Ethics and Anti-Corruption Commission Act, 2011. This states that the Commission shall: “Advise, on its own initiative, any person on any matter within its functions; and Subject to article 31 of the Constitution, monitor the practices and procedures of public bodies to detect corrupt practices and to secure the revision of methods of work or procedures that may be conducive to corruption practices.”

Restriction of Gainful Employment for State and Public Officers

The Ethics and Anti-Corruption Commission (EACC) has proposed amendments to the law to ensure State and Public officers do not engage in other gainful employment. The Commission says there is a lacuna in the law as it does not draw a clear distinction between a State and a public officer. Speaking at the start of a five-day workshop in Machakos on Tuesday, Deputy Chief Executive Michael Mubea, said the participants will come up with a draft which will be forwarded to parliament for deliberation. The Commission together with other stakeholders has taken up the responsibility to develop guidelines on restriction of gainful employment for state and public officers under Section 26 of the Leadership and Integrity Act, 2012. This follows the president’s order that all those who hold public positions should not be allowed to be players in the industry they regulate.  In particular, the president cited the arena of road traffic regulations and ordered the Attorney General to prepare a bill that would address the conflict of interest for public office holders. Justice Hedwig Ongudi, the presiding Judge of the Anti-Corruption and Economic Crimes Division of the High Court, made a presentation titled ‘Emerging Jurisprudence on the Employment Act’. Justice Ongudi pointed out that a full-time State officer shall not participate in any other gainful employment as stipulated in Article 77 of the Constitution. Article 77(1) of the Constitution of Kenya 2010 provides that a “full time state officer shall not participate in any other gainful employment.” This provision is amplified by Section 26 of the Leadership and Integrity Act, 2012 which states: Subject to subsection (2) a state officer who is serving on a full time basis shall not participate in any other gainful employment In this section “gainful employment” means work that a person can pursue and perform for money or other form of compensation or remuneration which is inherently incompatible with the responsibilities of the state office or which results in the impairment of the judgment of the state office or results in a conflict of interest in terms of section 16. “This is about ethics. What ethics do we have as public and state officers or even as individuals? Your conscience should tell you that what you are doing is wrong, said Justice Ongundi.” The Constitution is however silent on the distinction between officers serving full-time State and those serving part-time. Justice Ongudi noted that the law should be amended to eradicate avenues for moonlighting and help prevent wastage of resources.

Commission Builds Capacity of Integrity Assurance Officers

The Ethics and Anti-Corruption Commission has concluded a training programme for Integrity Assurance Officers in Nakuru County. The training is just one of a number the Commission has planned to ensure that all ministries, departments and government agencies have officers capable of helping identify corruption loopholes and devising ways of sealing them as a preventive measure in the fight against graft. The weeklong training – 28th January to 1st February — involved 38 officers drawn from the Agricultural Development Corporation, Tourism Regulatory Authority, South Eastern Kenya University, Keroka Technical Training Institute, National Cereals and Produce Board(NCPB), Machakos University, Export Promotion Council, NACADA, Kenya Law, Konza Technopolis Authority and Nairobi Centre for International Arbitration. Speaking during the official opening at ARC Hotel Egerton University, Njoro, the Commission’s Nakuru Office Deputy Regional Head, Ms. Christine Natome, lauded the officers’ participation as “a clear indication of their determination to work with the Commission to fight corruption and unethical conduct”.  She urged them to remain vigilant as corruption and unethical conduct remain a big challenge while at the same time posing a huge threat to the realization of Kenya’s Vision 2030. She emphasized the need to ensure quality public service, noting that the Commission conducts baseline surveys to flag problem institutions. In line with its mandate, Ms. Natome said the Commission would continue to conduct public education and awareness for public and State officers across the country. In the meantime, it would use ongoing systems reviews to advise on how to promote standards and best practices as it seeks to establish, maintain and strengthen strategic partnerships and coalitions in the fight against corruption. The integrity programme is an EACC initiative that has been running for years. Its overall objective is to equip public officers and other stakeholders with relevant knowledge, skills, values and attitudes that can deepen good governance and corruption intolerance in institutions. Trained Integrity Assurance Officers play an instrumental role in implementing Corruption Prevention Plans and institutionalizing corruption prevention. The nomination and training of the officers is also anchored in the Performance Contracting Framework, which is an integral part of the ongoing public sector reforms intended to combat corruption and restore integrity in public sector. The program was facilitated by the Education Training and Public Awareness (ETPA) department and supported by the Nakuru Regional Office.  

Bungoma is EACC’s First Stop as It Rolls Out Anti-Graft Training

The Ethics and Anti-Corruption Commission is taking the fight a notch higher by training Community-Based Anti-Corruption Monitors (CBAM’s). Its first stop was Bungoma County where representatives from all the sub-counties participated in a weeklong training — from 15th to 18th January 2019 — at Mabanga Agricultural Training Centre. The training was officially opened by EACC’s Kisumu Regional Deputy Head, Mr.  Aura Chibole, on behalf of the Regional Manager. He thanked the participants for agreeing to participate so that they could serve as anti-corruption ambassadors within the county. He pledged the Commission’s support and urged the monitors to be vigilant within their sub-counties to ensure that all county projects were executed according to the letter of the law. Mr Chibole went on to urge them to mobilize the locals and conduct civic education to ensure public participation in the war against Corruption. “The public,” he said, “cannot be ignored and as such the United Nations Convention against Corruption (UNCAC) Article 13 (1) encourages citizen participation in the fight against graft as does the African Union Convention on Preventing and Combating Corruption (AUCPCC).” Mr. Chibole was accompanied by the Bungoma Office’s Deputy Regional Head, and other EACC Officers, who played a pivotal role in facilitating the training. The group of 50 is among the first beneficiary of the training in the country. The Commission has lined up similar trainings for all the country’s 47 counties as it pursues its mandate to prevent and root out corruption.   The County government pledged to support the Commission and the CBAM’s in fighting corruption.    

Asset Recovery a Key Strategy in Graft Fight

The Ethics and Anti-Corruption Commission has successfully recovered a five-acre plot valued at KES 2 Billion belonging to the University of Nairobi. The land which had been grabbed by a private developer was handed over to the University by the Ethics and Anti-Corruption Commission on 29th January, 2019. The handover ceremony was graced by the University executive management led by the Chair of the University Council Prof. Julia Ojiambo, the University Chancellor Dr. Vijoo Rattansi, the Vice Chancellor Prof. Peter Mbithi, University Council members, Deans, and members of staff. The Director of Public Prosecution, Mr. Noordin Haji, was also present together with the EACC Chairperson and the Commission management. In 2015, the Ethics and Anti-Corruption Commission received a complaint from the University that a parcel of land L. R. No. 1/514 situated along Galana Road had been grabbed and allocated to a private company. Investigations conducted by the Commission’s sleuths revealed that the property was illegally or fraudulently allocated and a title issued to Aberdares Engineering Contractors Limited. During the pendency of the suits, the Defendant, Aberdares Engineering Contractors Limited expressed interest to resolve the matter through the ADR mechanism. The Commission took into account the fact that cases in courts tend to drag for an inordinate long period and being cognizant of the spirit of the Constitution encouraging ADR, agreed to the request. Speaking during the handover ceremony, EACC Secretary and Chief Executive Officer, Mr. Twalib Mbarak said that the since 2004, the EACC has recovered assets worth over Kshs. 12.78 Billion (Kshs. 12,783,657,385.55) and has handed over, amongst others, the following assets to various Government Institutions; Uhuru Gardens in Mombasa The Mayor’s House located in Lavington, Nairobi The Ukunda Airstrip land in Kwale Parcels of land hived off from the Ngong Road Forest Several houses within the Woodley/ Joseph Kang’ethe Estate Karatina Police Station land Laikipia Dispensary and nursery school land    The Commission’s Secretary further said that there were many cases pending in court for recovery of public assets worth approximately 12 Billion shillings, which when successfully completed, would be handed over as provided by the Law. The Commission’s Chairman, Archbishop (Rtd.) Eliud Wabukala, said that as a countermeasure, recovery of corruptly acquired assets and returning them to their rightful owners is one of the most effective means of combating corruption. Accordingly, the Commission is committed to expending more efforts and resources in the area of Asset Recovery.  He acknowledged the Office of the Director of Public Prosecutions and the University of Nairobi for their positive collaboration and support without which the Commission efforts could have been frustrated.

Twalib Abdallah Mbarak takes oath of office as EACC Secretary/Chief Executive Officer

Mr. Twalib Abdallah Mbarak formally took office at the Ethics and Anti-Corruption Commission (EACC) after a swearing-in ceremony held at the Supreme Court of Kenya, on 14th January, 2019. He is the Commission’s second Secretary/Chief Executive Officer since EACC was established to replace the Kenya Anti-Corruption Commission in 2012. He took over from Mr. Halakhe Waqo whose Six-year tenure expired on 10th January 2019. The event was presided over by the Chief Justice, Hon. David Maraga. Mr. Twalib Mbarak taking an oath of office during the swearing-in ceremony as the Secretary/CEO of EACC at the Supreme Court on Monday, January 14th, 2019. The Attorney General, Justice (Rtd.) Paul Kihara, Director of Public Prosecutions (DPP) Noordin Haji, Director of Criminal Investigations (DCI) George Kinoti and EACC Chairman Eliud Wabukala, EACC Commissioners, EACC Deputy Secretary and outgoing Secretary Mr. Halakhe Waqo witnessed his swearing-in. In his speech, Mbarak sent a warning message to graft lords, stating that it will not be business as usual. He said he is committed to make corruption a high-risk venture in the country. “Kenya will be an inhospitable place for corrupt individuals. I bring a wealth of knowledge and experience from both the law enforcement and corporate background… I need the support of all stakeholders, particularly the Office of the Director of Public Prosecutions, the Directorate of Criminal Investigations, the Media sector and Citizens in general,” he said. EACC Sectary/CEO, Mr. Twalib Mbarak looks on as the Chief Justice, Hon. David Maraga signs his Oath of Office. Mr. Mbarak said that his appointment comes at a time when the Ethics and Anti-Corruption Commission is in a good place to do just that. “There is an increase in resources allocated in the fight against corruption; the human capacity has been strengthened and the silo-mentality of law enforcement agencies is significantly reduced by the Multi-Agency approach”, he said. The newly appointed CEO outlined the Commission’s blueprint which will focus on the following: –  Law enforcement: the CEO intends to effectively use the resources available to tackle impactful investigations. He will conduct a comprehensive audit of cases with a view to prioritize investigations based on factors such as the value of the subject matter, personalities involved and public interest. In addition, he said there is need to ensure expeditious completion of investigations. He will review the processes and unblock any procedural bottlenecks that prevent us from working effectively. He said he is aware that corruption is becoming increasingly multi-jurisdictional and complex, so strengthening and deepening relationships that will facilitate the investigative process will be a major focus for him. In addition, he aims to build the Commission’s intelligence capabilities and undercover operations in order to use information not only for reactive purposes but to improve knowledge on emerging threats and to identify proactive investigative lines.  Asset Recovery: He stated that, financial gain is often the motive for corruption. In many cases, the corrupt will fight harder to protect their ill-gotten wealth from confiscation than they would do to avoid imprisonment. He intends to improve the capacity of the asset recovery function of the Commission and to leverage on the skills in the Multi-Agency Team. Once the gain is seized from the corrupt individuals the deterrence effect is monumental. Public Awareness/Education: For so many years, corrupt individuals have denied us an opportunity to live up to the promise and dreams of our founding fathers and mothers. This has resulted to public apathy towards anti-corruption initiatives and activities. EACC Secretary/CEO, Mr. Twalib Mbarak making his maiden speech immediately after taking oath of office at the Supreme Court on Monday, January 14th, 2019.

REGIONAL ANTI-CORRUPTION AUTHORITIES REFLECT ON THE FIGHT AGAINST CORRUPTION

The Eastern Africa Association of Anti-Corruption Authorities (EAAACA) held its 18th   Executive Committee (EXCOM) Meeting on the 19th of November, 2018 and the 12th Annual General Meeting from 21st to 22nd November, 2018 at the Kigali Marriott Hotel in Rwanda. The meeting bore the theme “Winning the Fight against Corruption in Eastern Africa: Lessons and Challenges” and was hosted by the Office of the Ombudsman of Rwanda. The Meeting was attended by EAAACA members from Kenya, Ethiopia, South Sudan, Rwanda, Tanzania, Djibouti and Uganda. In attendance were also representatives from the African Union Advisory Board on Corruption (AUABC), the German Development Cooperation (GIZ), the United Nations Office on Drugs and Crime (UNODC), the Camden Asset Recovery Inter-Agency Network (CARIN) and the World Bank’s Stolen Assets Recovery (StAR) Intitiative. The AGM was officially opened by Honorable Judith Uwizeye, Minister in The Office of The President of the Republic of Rwanda. In her speech, Hon. Uwizeye said that they recognize efforts by each EAAACA Member State in fighting corruption, for instance, through the use of electronic systems which reduce interactions that create opportunities for corruption. She further stated that, despite commitment by African countries in the fight against corruption, much needs to be done in order to successfully free Africa from corruption, adding that there was need for countries to agree on national and cross-border initiatives and conventions in order to win the fight. While making his remarks during the AGM’s opening ceremony, the EAAACA President Mr. Ayeligne Mulualem, who is also the Commissioner of the Federal Ethics and Anti-Corruption Commission (FEACC) of Ethiopia, said that one of the challenges in Eastern Africa is the problem of poverty and displacement, which leads to the need and desire for migration, particularly to Western countries. He cited corruption as a major reason for this problem, adding that corruption deprives the citizenry of opportunities for growth as well as basic services and facilities that they are entitled to. Mr. Mulualem also said that growth is an integral part of any institution’s goal and it is his vision that the Eastern Africa Association of Anti-Corruption Authorities will keep growing from strength to strength and eventually become a formidable force in the fight against graft and illicit financial flows. The EAAACA President urged individual countries to take responsibility to promote the Association which he said is ready and committed to fighting corruption. The Executive Committee recommended some resolutions that were passed by the Annual General Meeting as outlined in the Communiqué of the 12th Annual General Meeting of the Eastern Africa Association of Anti-Corruption Authorities held at the Kigali Marriott Hotel in Rwanda from 21st to 22nd November, 2018. On the 20th of November, 2018, the Asset Recovery Inter-Agency Network for Eastern Africa (ARIN-EA), an EAAACA offshoot, held its 4th AGM at the same venue, bringing together Focal Persons of the informal asset recovery network from EAAACA member countries. The opening ceremony was officiated by the EAAACA President Mr. Ayeligne Mulualem. ARIN-EA Focal Persons also underwent training on asset recovery with facilitators from the World Bank’s StAR Initiative, UNODC and CARIN.     Communique for 12th EAAACA AGM – Kigali, Rwanda

NATIONAL DEFENCE COLLEGE STUDY VISIT TO EACC

The National Defence College (NDC) paid a courtesy call on the Ethics and Anti-Corruption Commission on Wednesday 21st November, 2018.

International Anti-Corruption Day – 9th December

According to United Nations, a staggering US$1 trillion are paid in bribes every year while more than two times that — US$2.6 trillion — is stolen annually through corruption. This is equivalent to more than five per cent of the global GDP. In developing countries, according to the United Nations Development Programme, funds lost to corruption are estimated at 10 times the amount of official development assistance. On 31 October 2003, the General Assembly adopted the United Nations Convention against Corruption and requested that the Secretary-General designate the United Nations Office on Drugs and Crime (UNODC) as secretariat for the Convention’s Conference of States Parties (resolution 58/4). The Assembly also designated 9th December as the International Anti-Corruption Day to raise awareness of corruption and of the role of the Convention in combating and preventing it. The Convention entered into force in December 2005. Governments, the private sector, non-governmental organizations, the media and citizens around the world are joining forces to fight this crime. In Kenya, the government has been keen to enact laws that support the fight against corruption in both the public and private sectors. One of these laws is the Bribery Act 2016, whose principal objective is to criminalise the act of giving or receiving a bribe in the private sector. The Act, which came into force on 13th January, 2017, has far reaching implications on Kenyan businesses as well as foreign organisations doing business in Kenya. It provides for specific requirements that private entities must have in place in the prevention of bribery. The Act also provides for an effective co-ordination and accountability framework in the prevention, investigation and prosecution of acts of bribery. Further, it creates a legal obligation (statutory duty to act) on a person holding authority in a private entity who becomes aware of an act of bribery to report the matter to the Ethics and Anti-Corruption Commission within 24 hours. In this regard, a private entity means a person, company or organisation that is not affiliated to the government such as companies incorporated in Kenya which conduct business in or outside country, foreign companies which carry on business wholly or partly in Kenya, partnerships or charities which have a connection with Kenya. This year’s commemoration theme of the International Anti-Corruption Day is, “Winning the Fight Against Corruption, a Sustainable Path to Africa’s Transformation”. It was adopted by the African Union (AU) during its 30th Assembly of Heads of State and Government in January 2018 when the continent’s leaders launched 2018 as the African Anti-Corruption Year. That Assembly was held under the theme, “Winning the Fight against Corruption: A Sustainable Path to Africa’s Transformation”. Under the leadership of the African Union Advisory Board on Corruption (AUABC), the continental body, its organs, member states, Regional Economic Communities (RECs), civil society organizations together with citizens (women, men and young people alike) will embark on a journey to address the urgent need to curb corruption, which is a major societal flaw causing setbacks in the socio-economic and political development of the continent. Corruption continues to hamper efforts aimed at promoting democratic governance, socio-economic transformation, peace and security, and the enjoyment of human rights in the AU member states The theme envisages a more vibrant Africa with stronger and sustainable development. Here in Kenya, the commemoration is coordinated by the Kenya Leadership and Integrity Forum through its secretariat. It brings together stakeholders, international partners and members of the public in order to raise public awareness of the evils of corruption and to foster public support in the fight against graft. It also recognizes the efforts and achievements made in the fight against graft. The objectives of the commemoration are: To raise public awareness of issues of corruption, ethics and integrity and enlist their support in the fight against graft. To unite efforts of governments, business community, civil society and other sectors in the fight against graft. To amplify anti-corruption messages in all spheres of the country and encourage the public to demand corruption free service. To empower the general public to play an oversight role and report corruption. To inform the general public about the evils of corruption. To share the achievements challenges and way forward in the fight against corruption. This year’s commemoration events will be held in Meru, Bomet and Vihiga counties from 3rd to 9th December. We call on all members of the public to participate in large numbers in the planned outreach activities.

EACC Partners with Nyandarua County to Fight Graft

Following an invitation from the County Government of Nyandarua, the Ethics and Anti-Corruption Commission has begun a Corruption Risk Assessment (CRA) of the Nyandarua County Executive and the Nyandarua County Assembly. The examination into the systems, policies, procedures and practices of the County Government is expected to take three weeks. The CRA was launched on 6th November 2018 at Lake Ol Bolosat Resort Park Lodge in Ol Joro Orok, Nyandarua County. The Governor, H.E. Francis Kimemia, EGH, CBS, was represented by the County Executive Committee Member for Finance and Economic Development, Hon. Mary Mugwanja who read a speech on his behalf. In the speech, the Governor said that he was glad that the Commission promptly responded to his request by organizing the Corruption Risk Assessment. The Governor further said that the County Executive was ready to collaborate with the Commission to wipe out corruption. EACC Secretary / CEO, Mr. Halakhe Waqo, CBS, MCIArb had his keynote address delivered by the Commission’s Regional Manager for the South Rift Regional Office – Nakuru, Mr. Hassan Khalid. In his speech, Mr. Waqo stated that the Ethics and Anti-Corruption Commission has a tripartite mandate of law enforcement, prevention and public education in the fight against corruption and therefore uses the three pronged approach to implement its mandate. He said that the approach is premised on the fact that while the full weight of the law must be brought to bear against those indicted for corrupt conduct, it is crucial anti-corruption efforts be focused on prevention which has been recognized all over the world as more sustainable and cost effective approach towards combating corrupting. Further, the CEO said that systemic weaknesses, if not properly addressed, can negatively impact the functioning of an organization, leading to misuse and loss of public resources, abuse of office, non-compliance with statutory obligations and poor service delivery. He indicated that it is therefore in the interest of the County Government to counter the weaknesses by establishing efficient and effective operational systems as a way of minimizing opportunities for corrupt practices and unethical conduct.  Mr. Waqo reiterated that Corruption Risk Assessments seek to enable public institutions to detect, combat and prevent corruption and unethical practices in the management of public affairs and urged all present to embrace the crucial assessment and fully support the Commission’s Prevention Officers as they undertake the exercise. The Commission has carried out similar assessments in other Counties, including Kisumu, Kilifi, Kericho, Kisii, Nyeri, Busia, Taita-Taveta, Kajiado, Vihiga, Laikipia, Narok, Kwale, Tharaka-Nithi, Homa Bay, Nakuru, Embu and Kiambu. EACC has also undertaken Systems Reviews in National Government Ministries, Departments and Agencies including the Parliamentary Service Commission, National Youth Service, Kenya National Bureau of Standards and Ministry of Lands, among others.