EACC Scoops Diversity and Inclusivity Award
The Ethics and Anti-Corruption Commission (EACC) has been awarded second runners-up in the category of Constitutional Commissions and Independent Offices on Diversity, Equity, Inclusion, and Belonging (DEIB) at the recently concluded National Diversity and Inclusion Awards & Recognition (DIAR Awards). The DIAR Awards gala ceremony, held in March, had EACC compete with other Constitutional Commissions and independent offices to emerge runners-up. The category was won by Commission on Administrative Justice (CAJ). Since 2018, the National Diversity and Inclusion Awards & Recognition (DIAR Awards), has been a premier platform for recognizing individuals and organizations in Kenya that are promoting diversity and inclusion. The awards broadly seek to provide a platform for sustained conversations and knowledge sharing on best practices on equality, diversity, and inclusion. EACC Deputy Director in charge of Human Resource Management (HRM) Ellyjoy Bundi said that the Commission strives to always comply with the various constitutional and statutory requirements relating to human resource management. “We are committed to regional and ethnic balancing in our staff recruitment and other human resource practices,” said Ms Bundi. Notably, EACC was awarded a similar award in the 2022 National Diversity and Inclusion Awards & Recognition (DIAR Awards).
Prevention is better than cure, EACC tells public institutions
06:03:2023: “Prevention is better than cure,” was the Ethics and Anti-Corruption Commission’s message when it launched a one-week capacity-building program for staff and management of the Kenya Pipeline Company at Morendat Training and Conference Centre in Naivasha. The weeklong program that ran from 6th-10th March 2023, was organized by the National Integrity Academy (NIAca), the training wing of EACC headed by Dr. Josphine Monyi. While officially launching the program, EACC Commissioner Dr. Mutuku urged public officers to be diligent in service delivery noting that they hold their offices in trust for the people. Public officers, Dr. Mutuku said, should at all times desist from corrupt and unethical conduct, as a moral duty on their part. She noted that EACC’s experience in combating graft and several reports published by the agency revealed that corruption was primarily caused by a negative culture, greed, conflict of interest and a dilapidated moral fabric. Commissioner Mutuku took note of the sensitive nature of KPC’s services, which she said were susceptible to corruption, and urged the company to continuously review its institutional integrity framework and organizational culture. “I acknowledge that your systems are particularly susceptible to corruption due to the large amounts of resources involved, information asymmetry, a large number of actors, system complexity and fragmentation, and the globalized nature of the supply chain during the importation of oil and gas,” Dr. Mutuku said. She called for the adoption of appropriate interventions that embed ethical leadership, good governance, transparency and accountability in the administration and management of KPC services. Dr. Mutuku reiterated the Commission’s strategy to fight vices that undermine service to the public, principally focusing on high-impact investigations, asset tracing, recovery and forfeiture of unexplained wealth, corruption prevention and partnership approach. She reiterated the need for all public officers to exercise selfless leadership, and professionalism and to uphold high standards of integrity and ethics, adding that the EACC was committed to working with all public institutions to build their capacity to prevent corruption. Dr. Mutuku was accompanied by the South Rift Regional head, Mr. Ignatious Wekesa, the National Integrity Academy head, Dr. Josphine Monyi, and other EACC officers in facilitating the weeklong programme. The National Integrity Academy (NIAca) undertakes specialized training for all institutions in both the public and private sectors.
EACC Launches Corruption Risk Assessment at Kenyatta International Conference Centre
21:02:2022: EACC is conducting a Corruption Risk Assessment (CRA) exercise at the Kenyatta International Conference Centre (KICC). While launching the event at KICC, EACC Preventive Services Director, Vincent Okong’o said that the CRA will cover most of the functional areas of KICC. “The objective of the CRA is to offer appropriate advice to the management of KICC on ways and means of promoting and sustaining integrity, transparency and accountability in its operations through the application of methods of work that enhance efficiency and offer no room for corrupt and unethical practices.” He said. Appreciating KICC management for partnering with the Commission in the assessment exercise, Mr. Okong’o noted that KICC was a key agency implementing the economic pillar in line with the government agenda for spurring development. “Therefore, the realization of KICC’s objectives calls for strong systems that facilitate efficiency, effectiveness, fairness, transparency and value for money.” He said. KICC CEO Ms. Patricia Ondeng affirmed her support to the Commission during the exercise. ” We are willing to learn and we would like you to share with us the real picture so that we can improve our operations going forward.” Ms. Ondeng observed that as a government agency directly involved in business, KICC needed objective scrutiny of its systems and operations in order to scale up its operations. The commission has carried out multiple corruption risk assessments in public entities across the country.
EACC urges clergy to take lead role in anti-corruption quest
28:02:23: The Ethics and Anti-Corruption Commission (EACC) has called upon members of the clergy to take a leading role in the fight against corruption. Moral decay, EACC said, is a major contributor to the corruption menace in Kenya. “As the moral drivers of society, religious leaders are expected to advocate for prudent management of public resources and guide their followers away from corruption and other sinful behaviour,” Commissioner Ogallo said. Ogallo said that besides law enforcement, EACC implements various programs aimed at preventing potential corruption and nurturing ethical conduct among Kenyans. “This program is part of the Commission’s corruption prevention strategy through a value-based approach. We want to see how we can change our culture, our values and prevent corruption before it takes place,” Commissioner Ogallo said. Noting that corruption has devastating effects that affect citizens daily, Ogallo called upon the clergy to rebuke corruption as an obstacle to the realization of Kenya’s national goals. “You should use the pulpit to preach against corruption in the construction of roads and hospitals, the presence of ghost workers in public offices and conflict of interest which continue to wreak havoc in the country,” he added. EACC’s Upper Eastern Regional Manager Charles Rasugu informed the religious leaders that the Commission was keen on working with them and other players, to tame corruption in Meru County. The regional office, based in Isiolo, covers five counties namely Isiolo, Meru, Marsabit, Samburu and Tharaka Nithi. Also present at the event was Meru Interfaith Council Chairperson Mohammed Salim who called for a stronger collaboration between EACC and the faith sector. He said that corruption was rampant even in places of worship and that it was high time for all actors to join efforts with the commission in eradicating it. The program was facilitated by EACC Officials Dr. Emily Mworia, Fredrick Mainda, Nephat Mbau and Faith Mituki. Similar programs will be implemented in other parts of the country to equip clergy with the requisite skills to effectively fight and prevent corruption among their congregations.
Your days are numbered; EACC to imprest abusers in counties
27:02:2022: The Ethics and Anti-Corruption Commission(EACC) has urged public officials serving in counties to desist from abusing public funds currently witnessed through fictitious imprest and other malpractices. Speaking during a corruption prevention program in Kisumu County Headquarters, EACC’s Western Regional Office head, Abraham Kemboi revealed that investigations into the vice are at an advanced stage. Kemboi said that fraudulent imprest was a leading malpractice in county governments where officials take imprest for non-existent trips. He noted that in some counties, top officials were using junior officers as conduits for embezzlement of public funds through the imprest facility. “The Commission is undertaking investigations targeting various corruption suspects in Kisumu county with a view to recommending their prosecution and/ or recovering any public funds stolen,” Kemboi added. The Regional boss was launching the Commission’s follow-up exercise on the implementation of the recommendations of the Kisumu County Executive and Assembly Corruption Risk Assessment (CRA) in Kisumu. Counties, he said, continue to posit a mixed bag of fortunes despite receiving approximately KES1.3 trillion for operations and development since the advent of Devolution 10 years ago. Kemboi said that whereas some counties have progressed, others cannot fully account for the funds allocated to them. He said that the resource envelope is limited and called for prudent expenditure, underscoring the need to tackle corruption in the counties. “Tackling corruption in county operations will enhance own source revenue, improve the delivery of projects and programmes and enhance confidence amongst residents,” he said. The EACC Western Regional Office is responsible for three counties namely Kisumu, Siaya and Vihiga. EACC’s Deputy Director in charge of corruption prevention Neema Nkorori said that Kisumu is one of the 26 county governments where the Commission has undertaken systems review. The Commission carried out the CRA into the systems, policies, procedures practices and methods of work in Kisumu County in 2018. “The follow-ups, which will take a week each for the County Executive and Assembly, are to establish the levels of implementation progress,” said Ms Mkorori. Mkorori noted that corruption prevention protects public resources, improves oversight over the Executive, reduces vulnerabilities in the systems of work, increases efficient use of resources, reduces injustices and unfairness, and enhances respect for the rule of law and avoidance of risks that may pose threats to all. The Commission’s engagements with public institutions are pursuant to Section 11 1(g) and (h) of the Ethics and Anti-Corruption Commission Act 2011. The provision states that in addition to the functions of the Commission under article 252 and chapter six of the constitution, the Commission shall, among others, advise on its own initiative, any person on any matter within its functions, monitor the practices and procedures of public bodies to detect corrupt practices and secure the revision of methods of work or procedures that may be conducive to corrupt practices, and undertake preventive measures against unethical and corrupt practices.
International Anti-Corruption Day Commemoration
EACC obtains court orders freezing KETRACO Manager’s Kes. 216M unexplained wealth
28:11:22: The Ethics and Anti-Corruption Commission (EACC) has been granted orders by the High Court to freeze assets worth Kes. 216,374,181.94 belonging to Peter Maina Njehia, Senior Manager, Supply Chain at the Kenya Electricity Transmission Company Limited (KETRACO). Delivering her ruling on 24 November 2022, Lady Justice Esther Maina said that the Commission had established a prima facie case with a probability of success to warrant the issue of injunction orders pending the hearing and determination of the forfeiture proceedings. The Commission went to Court following an investigation into allegations of unexplained wealth, unethical conduct, bribery and conflict of interest against the KETRACO official. The Commission informed the Court that between January 2010 and March 2021, when Njehia was reasonably suspected of engaging in corruption, he acquired assets worth Kes. 278,049,625.39 against his known total legitimate income of Kes. 40,242,855.99 for the said period thereby resulting in assets disproportion of Kes. 237,806,769.40. Notably, at the time of the acquisition of the said assets, Peter Maina Njehia had received funds from individuals and institutions that had secured tenders with his employer (KETRACO). In one instance, Sieyuan Electric Company Limited which had been awarded a tender by KETRACO deposited a total of Kes. 3,000,000.00 in two bank accounts belonging to Njehia’s spouse. Similarly, Njehia received Kes. 400,000.00 and Kes. 85,000.00 respectively from Jooyato Surveys Limited and Jacob Oyato, a Director of Jooyato Surveys Limited at a time the said company had been awarded several contracts by KETRACO. The Court also heard that an amount of Kes. 1,020, 000.00 in cash was seized from his motor vehicle. The source of the said cash could not be reasonably ascertained. Consequently, the Commission, pursuant to sections 26 & 55 (2) of ACECA on 25th April, 2022 issued a Notice to Peter Maina Njehia to explain the disproportion in his assets with his known legitimate source(s) of income. The Commission received a response on 17th May 2022 which response was considered and after analysis cumulative assets valued at Kshs. 21,432,587.46 was found to have been satisfactorily explained leaving out an unexplained disproportion of Kshs 216,374,181.94. Following his inability to explain the source of assets worth Kes. 216,374,181.94, the Commission on 14th September 2022 issued a demand Notice requiring him to remit the unexplained assets to the Commission for return to the public. He failed to comply with the demand to surrender the assets prompting the Commission to institute recovery proceedings. In accordance with the provisions of Section 55(2) of the Anti-Corruption and Economic Crimes Act, 2003 (ACECA), the Commission on 22nd September 2022 filed a suit at the High Court in Nairobi seeking forfeiture of the unexplained assets valued at Kes. 216,374,181.94 to the Government of Kenya. Filed contemporaneously with the forfeiture suit was an application under Certificate of Urgency for injunction orders to forestall any dealings with the unexplained assets pending the hearing and determination of the forfeiture proceedings. The EACC application came up for ruling on 24th May 2021 before Justice Esther Maina who issued the preservation orders sought. The orders will be in force until the matter is heard and determined. Asset recovery is one of the key strategies behind the milestones realized by the Commission so far. Speaking at a regional governance summit held in Kigali, Rwanda on 17th November 2022, the Commission’s Deputy Chief Executive Officer Abdi Mohamud said that forfeiture of corruptly acquired assets could be the ultimate panacea to the scourge of corruption in Africa. Asset recovery, he said, takes away the motivation for illicit enrichment and this is essential for the deterrence required in the fight. Among the properties recovered by the Commission is 53 acres of prime land belonging to the Meteorological Department located in Nairobi City’s Industrial Area off Enterprise Road valued at approximately Kes. 5 Billion. The land is currently being utilized for construction of affordable houses to benefit low-income-earning citizens. The project was launched by President William Ruto last month. In July this year, the Commission recovered and returned to the public grabbed land valued at KES.430,000,000. The land had been reserved as an interchange for Mombasa Road & Eastern Bypass at Cabanas. The fraudulent & illegal transfer was effected in 2001 by ex-Commissioner of Lands Sammy Mwaita.
EACC roots for asset recovery in taming corruption in Africa
18:11:2022: The Ethics and Anti-Corruption Commission has called for strengthening of legal frameworks for forfeiture of unexplained wealth held by public officials across Africa. This, EACC said, is a viable anti-corruption strategy, if effectively implemented. Speaking at a regional governance summit held in Kigali, Rwanda from 14th-18th November, 2022, the Commission’s Deputy Chief Executive Officer Abdi Mohamud said that forfeiture of corruptly acquired assets could be the ultimate panacea to the scourge of corruption in Africa. Asset recovery, he said, takes away the motivation for illicit enrichment and this is essential for the deterrence required in the fight. The Summit, organized by the Institute of Certified Secretaries (ICS), brought together governance experts, scholars and practitioners to explore strategies for regional collaboration in enhancing good governance in Africa. EACC was represented in the regional forum by Commissioner Dr. Cecilia Mutuku, Deputy CEO Abdi Mohamud and Senior Investigations Officer Joyce Munene. Mohamud said that EACC has realized major milestones in asset recovery which he attributed to progressive jurisprudence from Kenyan Courts. He also cited the lower standard of proof as a supportive element in the legal framework for the recovery of stolen assets. “The law only requires EACC to prove on a balance of probability that an individual has assets disproportionate to their legitimately known sources of income. At that stage, the evidentiary burden shifts to the suspect to show that the assets in question were acquired otherwise than as a result of corrupt conduct” said the Deputy CEO. “Significantly, the law in Kenya permits Alternative Dispute Resolution which has seen many suspects voluntarily surrender corruptly acquired property to EACC,” he added. Earlier this month, EACC hosted separate delegations from South Africa and Mozambique who were on a benchmarking visit and experience sharing on anti-corruption strategies. Kenya is globally recognized for its model jurisprudence on the forfeiture of unexplained wealth. In Kenya, the law is that ‘you either prove legitimate acquisition (of the suspect property) or lose it to the State.’ Notably, it took EACC over a decade of litigation to win the first case of unexplained assets and settle the law in this area. The law on forfeiture of unexplained wealth was settled by the Court of Appeal in the Amuti case which was filed in September 2008 and concluded in May 2019. In this case, the Court ordered Mr. Amuti, a public officer, to forfeit Kes.41 Million (USD 410,000) to the State because he could not explain how he acquired them. Subsequently, many other decisions have followed in favour of EACC.
EACC Launches Corruption Prevention Audits at Bomet County Government
24:10:2022: The Ethics and Anti-Corruption Commission has launched a Corruption Risk Assessment of the systems, policies, procedures and practices of the Bomet County government. The two-week audit will target both the executive and county assembly. Launching the exercise on behalf of EACC CEO Twalib Mbarak, the Commission’s South Rift Regional ManagerMr. Ignatius Wekesa, warned against conflict of interest in staff employment, citing two counties under inquiry for irregularities in staff recruitment. Mr. Wekesa urged the Bomet County Government to strictly follow the law in the execution of its mandate to deliver for the people of Bomet. The Regional Manager lauded the County Government for cooperating with the EACC in the performance of its duties and urged it to support the Commission’s officers who are set to carry out the risk assessment exercise. He said the audit was a partnership that would help the county run its operations smoothly, as it seeks to identify corruption loopholes and recommend strategies for sealing them. “This corruption prevention strategy also seeks to enable institutions to promote ethical practices. I, therefore, urge His Excellency the Governor, Honourable Speaker, Service Board members, Members of County Assembly and Management to fully embrace this exercise,” he said. EACC undertakes corruption risk assessment in public institutions in line with its statutory mandate to advise on its own initiative, any person on any matter within its functions; monitor the practices and procedures of public bodies, detect corrupt practices, and secure the revision of the methods of work or procedures that may be conducive to corrupt practices. On her part, EACC head of corruption prevention Ms Neema Mkorori, assured the County Government that the exercise is not an investigation but rather, an initiative aimed at improving operational systems. “It is important to note that this is a partnership, not an investigation, to make you better both as a country and a county government,” she noted. Speaking at the forum, Bomet County Governor Prof Hillary Barchok said that the public holds his government accountable for the manner in which it manages public resources. “Therefore, we are committed to good governance and zero tolerance to corruption,” he said and urged government officers to prudently utilize the little resources that the county is currently running with. “EACC is here in Bomet to strengthen the systems of Bomet so that the Governor and every public officer who is serving with us can be accountable to ensure that our people receive excellent services,” the Governor said. The Governor vouched for increased supervision at collection points and automation of systems in county governments as a measure of sealing corruption loopholes. “Cashless payments ward off dishonest collectors who want to divert the money collected for their own personal use. I want to send a stern warning to any staff found culpable that appropriate disciplinary action will be instituted against them,” the Governor warned. He further noted that his county has the potential to collect KES. 500 Million annually, against the current collection of KES. 200 Million, if all corruption loopholes are promptly sealed. “One way of ensuring that we maximize the usage of our resources is to reduce the leakages that come because of people who want to swell their pockets with those resources,” he said. The Governor welcomed the audit as a timely move and vowed to implement its recommendations. “EACC is our partner and is here today not to find fault but to find areas where we can improve,” the Governor said. It is expected that after the exercise, the Commission will present its findings and recommendations for implementation by the County Government.
Masinde Muliro University latest beneficiary of systems audits by EACC
13.10.2022: The Ethics and Anti-Corruption Commission (EACC) has launched an examination into the systems, policies, procedures and practices of Masinde Muliro University of Science and Technology (MMUST). The examination, also referred to as Corruption Risk Assessment (CRA), is aimed at identifying and sealing loopholes that may encourage corruption and unethical practices in various operational areas. This is part of the Commission’s initiatives to prevent corruption in public institutions through the strengthening of internal controls. EACC Commissioner Col. (Rtd) Alfred Mshimba launched the exercise. Commissioner Mshimba lauded the institution for inviting the Commission to undertake the exercise. Under the law, EACC may examine the systems of any public institution either on its own motion or by invitation. Commissioner Mshimba urged the University to cooperate with EACC noting that the outcome of the systems review will significantly help the University in enhancing its operational efficiency and effectiveness. “The exercise aims to offer appropriate advice to the University on ways and means of promoting and sustaining transparency, accountability and ethical practices in its operations,” Mshimba said. Mr Mushimba highlighted the critical role of institutions of higher learning in developing talents of learners in the pursuit of a greater and better Kenya. Just like other public institutions, Mshimba said, Universities are not immune to integrity challenges in their operations hence the need for periodic corruption risk assessment. “This university just like any other institution in the public sector may face integrity and ethical challenges in various operational areas. Key among these include weak controls in financial management and related functions among others” Mr. Mshimba added. Present at the launch were the University Council Chairperson Dr. Jane Musangi Mutua and Vice Chancellor Prof. Solomon Shibairo who welcomed the initiative by EACC which she said is in line with the University’s commitment to transparency and accountability. “We hope to learn from the experience of EACC to make Masinde Muliro a better institution,” Dr Mutua said. In his remarks, EACC Director of Preventive Services Vincent Okong’o stated that the review exercise will enable the University Management to detect and prevent corruption and unethical practices in its systems and methods of work. The Commission has successfully conducted examinations of systems in several Ministries, Departments and Agencies (MDAs) such as the Ministry of Education, Technical and Vocational Education and Training Authority (TVET), Kenya Institute of Curriculum Development (KICD) and several County Governments.