Author: admin_eacc

EACC Secures Freezing Orders in Ksh.257M Corruption Investigations in a key Ministry

The Ethics and Anti-Corruption Commission has secured court orders freezing three properties and seven motor vehicles acquired through suspected proceeds of corruption in a State Department. Mr. Eric Kipkurui Mutai, a cleaning supervisor at the State Department of Correctional & Rehabilitation Service and the main suspect in the fraud purchased the 3 parcels of land in Nyaribari Chache, Kericho and Nairobi for a total of Ksh 57 Million and seven vehicles all valued at Ksh30.6 Million.  Mr. Mutai is one of the suspects under investigation by EACC for irregular payments of Kshs. 450 Million by the State Department to 18 companies. He is suspected to have fraudulently obtained Kshs. 257 Million through seven companies in which he is the registered sole proprietor. The money was allegedly embezzled through fictitious contracts for supply of food and ration which were never delivered. He is suspected to have executed the scheme in collusion with colleagues in the State Department. The freezing orders were issued by Lady Justice Esther Maina of the High Court’s Anti-Corruption and Economic Crimes Division on application by EACC. The orders will remain in force for six months to allow EACC to finalize the ongoing investigations. The freezing orders were issued pursuant to Section 56 of the Anti-Corruption and Economic Crimes Act, 2003. The section provides that following an application by EACC, the High Court may grant orders prohibiting the transfer or disposal of, or other dealing with property, if the Court is satisfied that there are reasonable grounds to suspect that the property was acquired as a result of corrupt conduct. 

EACC Hands Over 39 Title Deeds for Recovered Public Land Worth 5.2 Billion

The Ethics and Anti-Corruption Commission (EACC) handed over to the Government 39 title deeds for public property worth Kes. 5.2 Billion recovered from private developers. The property, which includes parcels of land belonging to various public institutions and county governments, had been grabbed in collusion with public officials. EACC handed over the title deeds during a ceremony witnessed by His Excellency President Uhuru Kenyatta at State House, Nairobi on 4th April, 2022. President Kenyatta also witnessed the ceremonial handing over of Kes. 450 Million corruptly acquired funds repatriated back to Kenya from Jersey. In his keynote address, His Excellency President Uhuru Kenyatta called for concerted efforts to scale up the war against graft, saying that the fight against the vice forms the soul of the nation. While acknowledging that notable gains have been achieved in curbing corruption, President Kenyatta said the country cannot afford to sleep on its laurels until the vice is completely eradicated. “We must all work together that is, all arms of Government, the business community, media, religious institutions, non-governmental organizations and the ordinary Kenyans to fight this noble war,” the President said. Speaking at the ceremony, EACC Chairperson His Grace Archbishop (Rtd) Eliud Wabukala, EBS appreciated the continued support that the Government has extended to the EACC in discharging its mandate. He called for stronger inter-agency collaboration noting that the milestones made so far are proof of the enhanced synergy and cooperation between EACC and other actors. “In the recent past, we have witnessed progressive jurisprudence particularly in the area of unexplained wealth, where courts have held that unexplained wealth will be presumed to have been acquired corruptly,” the Chairperson added. In his remarks at the event, EACC CEO Mr. Twalib Mbarak, CBS said that the Commission is currently pursuing 357 civil cases filed in various courts across the country seeking to recover public assets valued at Kes. 14 Billion. He added that EACC is in court seeking forfeiture of unexplained wealth valued at approximately Kes. 7.6 Billion from persons alleged to own assets disproportionate to their known legitimate sources of income. “The Commission will intensify the tracing, preservation and recovery of all unexplained and corruptly acquired assets through civil proceedings and Alternative Dispute Resolutions (ADR),” the CEO said. EACC has since 2013 recovered properties worth Kes. 30 Billion. Besides the 39 titles deeds handed over on 4th April, 2022, there are other 24 recovered parcels of land worth approximately Kes. 6.1 Billion, whose title deeds are at various stages of processing. Among them is a 21.04 Ha prime land belonging to Meteorological Department located in Nairobi City’s Industrial Area off Enterprise Road valued at approximately Kes. 5 Billion and three (3) parcels of prime land for the Kenya School of Government, Nairobi valued at Kes. 63,000,000.

EACC Awarded for Diversity and Inclusivity

23:03:2022: The Ethics and Anti-Corruption Commission received the first runners up award for the most inclusive Constitutional Commission and Independent Office at the recently concluded National Diversity and Inclusion Awards & Recognition (DIAR Awards). The DIAR Awards gala ceremony, held on Friday, 18th March, 2022, saw EACC beat stiff competition from other Constitutional Commissions and independent offices to emerge runners up. 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. Expressing her delight on receipt of the award, the EACC Head of Human Resource Management, Ms. Ellyjoy Bundi said, “this achievement is a confirmation of EACC’s strategy and commitment towards sustaining an exceptional and inclusive work experience for all.”  Ms. Bundi added that EACC strives to always integrate the requirements of Articles 10 and 232 of the Constitution in its human resource practices.

EACC Hosts Key Eastern Africa Anti-Corruption Forum

23:03:2022: The Ethics and Anti-Corruption Commission hosted the 14th Annual General Meeting of the Eastern Africa Association of Anti-Corruption Authorities (EAAACA) on Thursday, 17th March, 2022, at Safari Park Hotel in Nairobi. The AGM was a culmination of a series of various regional activities aimed at strengthening cooperation among member states. This included activities for the Asset Recovery Inter-Agency Network (ARIN-EA), a framework for mutual cooperation in the recovery of corruptly acquired assets in the region. The week-long events, held from 14th-17th March, 2022 brought together Heads of Anti-Corruption Agencies from eight (8) member countries namely Kenya, Rwanda, Burundi, South Sudan, Uganda, Tanzania, Ethiopia and Djibouti. The events provided a crucial platform for reflection on the progress made, challenges encountered and lessons learnt while fighting corruption in the region. The EAAACA AGM was officially opened by the Chief Justice & President of the Supreme Court of Kenya, Honourable Justice Martha Koome, EGH, together with the EACC Chairperson His Grace Archbishop (Rtd) Dr. Eliud Wabukala, EBS, and Chief Executive Officer, Mr. Twalib Mbarak, CBS. In her opening remarks, the Chief Justice reiterated the commitment of the Kenya’s Judiciary in combating corruption noting that judicial corruption allows impunity to reign and undermines the rule of law.  “Corruption is a major player in frustrating access to justice. It allows justice for a few at the expense of justice for all. This, in my books, is untenable,” she remarked. CJ Koome further called for strengthening of institutions noting that corruption and institutional weaknesses are linked together. Speaking at the AGM, EACC Chairperson, His Grace Archbishop (Rtd) Dr. Eliud Wabukala, EBS noted that left unchecked, corruption posed grave risks to democratic values and aspirations of the citizens. “It is our responsibility to strengthen regional cooperation for a unified and integrated fight against corruption,” the Chairperson said. His Grace urged leaders to lead by example and provide appropriate guidance to the youth in order to build a society that upholds integrity and the rule of law. In his speech, EACC CEO, Mr. Twalib Mbarak, CBS, highlighted the challenges emanating from the COVID-19 pandemic noting that they provided useful lessons and opportunities for Anti-Corruption Agencies. Mr. Mbarak singled out the critical role of technology in enhancing anti-corruption operations which he observed has since been intensified in areas such as e-filing of court cases, case management and information sharing. He emphasized the need for EAAACA member states to learn from the experiences of each other and strengthen their respective institutional strategies in line with the emerging corruption trends and patterns. Separately, the CEO called upon citizens to proactively participate in governance processes, including the fight against corruption. Citing the example of Kenya, the CEO said, “This year, Kenyans will have an opportunity to elect new leadership in the upcoming General Elections. Citizens should be vigilant and elect only persons of integrity to manage public affairs. Indeed, the best integrity vetting for elective offices can be done by citizens through the ballot by rejecting aspirants with integrity issues.” Mr. Mbarak also clarified the role of EACC in the electoral process. “EACC does not clear or bar persons seeking to contest in elections. That mandate is vested in the IEBC. On its part, EACC will continue to provide IEBC and the public with information on the aspirants with outstanding integrity issues.” The CEO assured Kenyans of the EACC’s commitment to discharging its mandate professionally, while jealously guarding its independence as guaranteed in the law. “EACC is neutral in the performance of its duties. Our investigations are very objective and only guided by law and evidence. Kenyans should, therefore, desist from politicizing the fight against corruption,” he said. On his part, EAAACA’s President, Hon. Ngor Kolong Ngor observed that the Eastern Africa region was still experiencing high levels of corruption despite the efforts made so far at both regional and national levels. “Corruption continues to be a big challenge within the Eastern Africa Region. Thieves seem to be getting wiser and bolder. We must be very vigilant and strive to make corruption unattractive. Custodial sentences are not enough. We must collaborate to take away the benefit the corrupt seek by denying them the illicit fruit of their actions,” Hon. Ngor said.

EACC Celebrates Staff Conferred State Awards

07:03:2022: EACC Chairperson, Archbishop (Rtd) Eliud Wabukala, EBS, on Thursday, March 3, 2022 led the Commission in celebrating 11 officers who were conferred National Honors and Awards by His Excellency President Uhuru Kenyatta, during the 2021 Jamhuri day celebrations. While transmitting the insignias to the officers on behalf of the President, Archbishop Wabukala lauded the officers noting that the national honors were as a result of hard work and dedication. National Honours and Awards in Kenya are conferred on persons who have made exemplary contributions to the betterment of the nation. In his remarks, EACC CEO, Mr Twalib Mbarak, CBS, said that the state’s recognition of the officers for outstanding public service was a monumental achievement for the Commission. “This underscores the commitment of the Government to the fight against corruption.”  He said.  The officers awarded included: Director, Field Services & Coordination, Mr Jackson Kaunda Mue, OGW; Deputy Director, Forensic Investigations, Mr. George Otieno Ojowi, OGW; Assistant Director/ Head of Corporate Affairs & Public Communications, Mr. Eric Ngumbi, OGW; Assistant Director, Regional Office, Ms Christine Natome, OGW; Assistant Director, Regional Office, Mr George Mogare Oira, OGW; Assistant Director, Intelligence, Major (Rtd) Kuntai Ole Tingisha, OGW; Assistant Director, Asset Recovery, Ms Faith Mbaire Ng’ethe, OGW; Assistant Director, Forensic Investigations, Simon Pkukat Cherpka, OGW; Legal Officer, Grace Kwamboka Omweri, HSC; Investigation Officer, Alfred Joel Mwenda, HSC and Investigation Officer, Jemimah Wanjiru Githungu, HSC. The awards bring the total number of EACC officers conferred National Awards to 24 in the last three years. In 2019, six officers were awarded national honors while 2020 had seven officers benefited. 

SRC, EACC Sign Good Governance Pact

24:02:2022: The Ethics and Anti-Corruption Commission (EACC) and the Salaries and Remuneration Commission (SRC) have entered a pact to work closely together. The Memorandum of Understanding signed by both institutions focuses on areas such as cooperation and partnership in investigations and enhancing accountability in the conduct of both state and public officers. Currently, the commission is investigating cases related to: Irregular recruitments and promotions; Drawing of double salary and fake imprests; Abuse of office through approvals of incremental credits; and Illegal acquisition of salaries and benefits through impersonation and fake academic documents.  The MOU is expected to speed up information sharing to help disrupt corruption networks in the human resource systems through quick identification of loopholes and, where necessary, enhancement of controls for better management of public resources and service delivery. Further, it will help reduce wastage where systems reviews, as a corruption prevention strategy, will be applied. Both commissions will also explore capacity building opportunities for staff to share experiences and best practice as they gain knowledge and skills on ethics, integrity and good governance. Speaking during the signing, EACC CEO Twalib Mbarak said the partnership will deepen their cooperation as both institutions seek to entrench good governance, accountability and transparency in public service. EACC chairperson retired Archbishop Eliud Wabukala said the Commission has prioritized the partnership approach among its key strategies alongside high impact investigations, asset tracing and recovery and corruption prevention and public awareness.   He thanked SRC for the partnership that he hopes will support in the discharge of each commission’s mandates “As a Commission, we have an obligation to foster and enlist the support of all actors in the discharge of our mandate to the people of Kenya. Indeed, today is a clear demonstration of the commitment by SRC and EACC to partner in the fight against corruption and promotion of good governance in our Country”, Wabukala said. SRC Chair, Lyn Mengich, thanked EACC for its continued support in ensuring good governance, noting that her commission will lend support in matters relating to remuneration and benefits in public service, resulting in greater value for the tax payer. She welcomed the partnership as a tool to enhance compliance with SRC advisories and ensure state and public officers uphold high standards of integrity and ethical conduct. The MOU was signed at Integrity Center, Nairobi, on 22nd February 2022.

EACC Holds First Ever Women in Leadership Forum

02.02.2022 : The Ethics and Anti-Corruption Commission (EACC) held its first ever Women’s Leadership Forum for middle-level managers and future leaders. The one-day forum dubbed ‘Leadership in pursuit of greatness’ was held at the Kenya Institute of Curriculum Development (KICD) and comprised of the Commission’s female members of staff. The objective of the forum was to boost teamwork, strengthen and promote personal empowerment as well as ensure wholesome career development for women. The forum was officiated by the Deputy Governor, Central Bank of Kenya, Mrs. Sheila M’Mbijjewe who in her speech said that women’s voices must be heard. “If you have the character of a leader and do nothing but sit in your chair, you won’t be a leader.” Said the chief guest.  In his speech, the Secretary/CEO, Mr. Twalib Mbarak impressed upon EACC staff to engage in topical issues, share experiences and learn from the good and the bad while improving everyday with the end goal of being great. 

NSSF Case Sets Historic Graft Fine Record of Kshs. 9.8bn

01:02:2022: Dogged determination is what it took for the Ethics and Anti-Corruption Commission (EACC) to secure the conviction of fraudsters, setting the stage for historic cash fines of Kshs. 9.8 billion in a case that had been stuck in court for over a decade. Background In 2008, the Kenya Anti-Corruption Commission – as it was then known – received a report that the National Social Security Fund (NSSF) had lost Kshs. 1.6 billion of pension funds through irregular trading in shares by Discount Securities Limited. It investigated the matter and subsequently recommended to the Director of Public Prosecution (DPP) the arraignment of: Francis Moturi — NSSF investments manager; James Akoya — NSSF general manager finance; William Murungu — director, Discount Securities; David Githaiga — director, Discount Securities; Wilfred Weru — finance manager, Discount Securities; Isaac Nyamongo — investments manager, Discount Securities; and Orchard Estates Limited and Mary Ndirangu — NSSF Internal Audit Manager Prosecution The suspects were arrested in 2010 and charged before the Anti-Corruption Court in Nairobi where they pleaded not guilty. One of them, William Murungu, died  as the case was proceeding. The prosecution called a total of 35 witnesses. On 1st March 2019, the court ruled that all the accused persons had a case to answer and put them on their defence. Conviction The trial was concluded on 1st December, 2021 and on 28th January 2022, Chief Magistrate L. Mugambi found Githaiga, Weru, Nyamongo and Discount Securities guilty of fraudulently acquiring Kshs. 1.2 billion meant for shares paid for by NSSF. The court sentenced them to a fine of  Kshs. 1 million each or in default, three years’ imprisonment. In addition, Githaiga, Weru and Nyamongo were ordered to pay a mandatory fine of Kshs. 800,762,248.27 each and in default to serve nine years in prison. Discount Securities, on the other hand, would pay a mandatory fine of Kshs 4,804,573,489.60. But the court was not done with them yet. Zuriels, Githaiga, Weru, Nyamongo and Discount Securities were found guilty of conspiracy to defraud NSFF of Kshs. 1.2 Billion and sentenced to pay a fine of Kshs. 1 million or in default, serve two years’ imprisonment each. Zuriels, the Fund’s investment manager, was further convicted of the offence of Deceiving Principal, contrary to Section 41(2) as read with Section 48 of the ACECA, 2003 (Count 5) and sentenced to pay a fine of Kshs. 1 million and in default to serve three years’ imprisonment. In addition, he was required to pay a mandatory fine of Kshs. 2,402,286,744.80 and in default to serve nine years in prison. Other orders: The sentences to run consecutively if in default of fine. Based on section 64 (1) of the ACECA none of the accused shall be appointed or elected in public office for 10 years. Discount Securities Limited to pay through the statutory manager subject to availability of funds. Fine Summary Francis Moturi Zuriels, investment manager, NSSF: Kshs. 2,602,286,744.80 or, in default, 14 years’ imprisonment. David Githaiga, executive director, Discount Securities:  Kshs. 802,762,248.27, or in default, 14 years’ imprisonment. Wilfred Weru, finance manager, Discount Securities: Kshs. 802,762,248.27, or in default 14, years’ imprisonment. Isaac Nyamongo, investment manager, Discount Securities: Kshs. 802,762,248.27, or in default, 14 years’ imprisonment. Discount Securities: Kshs. 4,806,573,489.60 Total Fines Kshs. 9,817,146,979.21

EACC Impostor Officers Arrested

14:01:2022: On 10th January this year, a member of the public reported to the Ethics and Anti-Corruption Commission that he had been swindled out of Kshs. 700,000 by people claiming to be EACC investigators. While at his home in Nairobi’s Kahawa Sukari Estate on 6th January, he had received a telephone call from a person identifying herself as Elizabeth Muasya based at Integrity Centre. She had informed him that he had been adversely mentioned in connection with illegal water connections from Nairobi City Water and Sewerage Company whereby several people had been arrested and charged in court. She had further claimed that they had photographic evidence of the illegal connection as well as his passport that showed he was an old man. According to the caller, some of the culprits had paid bribes of between one and two million shillings and that the compromised water company employees had been taken to court. However, the caller could have his case terminated if he co-operated with her by paying a Kshs 1 million bribe. Elizabeth had then advised him to go to Integrity Centre with the money where she would destroy the case file in his presence.  During the conversation, Elizabeth had handed the phone to her purported boss who had told him that if he co-operated, they would terminate his case. After a short while, the suspect had called back and threatened to forward the file to court the following morning if he failed to deliver the money by 1pm.  Due to the mounting pressure, the complainant had withdrawn Kshs.200,000 and added another Kshs.200,000 which he had handed over to the suspect, who was in accompany of his purported boss at Roasters area on Thika road. On 7th January, the suspect had called again demanding the balance. Only an additional Kshs300,000 was available, which he was ordered to take to Integrity Centre. However, on arrival Elizabeth called to say she had left for another office on Kiambu Road and asked him to meet her there. He met her at Muthaiga near Gertrude’s Garden Children’s Hospital and handed over the Kshs. 300,00 inside a Toyota Land Cruiser Prado vehicle registration No. KCB 717H. Thereafter, he was dropped off near Muthaiga Police Station with instructions to raise the balance of Kshs. 300, 000. On 10th January, he decided to report the matter to the Commission after the suspects continued demanding more money. Subsequent investigations led EACC officers to Kahawa West where they arrested the two suspects as they waited to receive the balance of Kshs. 300,000. A pistol loaded with 14 rounds of ammunition was recovered from their vehicle, which was also impounded. Media outlets recently carried reports of two impostors who had visited the offices of Senior Counsel John Khaminwa to intimidate and extort money from him in connection with his role in a matter before the Court of Appeal regarding the Building Bridges Initiative. It was reported that the two identified themselves EACC officers despite the absence of any evidence in that respect. Members of the public should continue to report suspicious individuals who introduce themselves as EACC officers without proper identification. This will ensure that such crooks are punished and serve as a way of deterring those entertaining thoughts of masquerading as EACC investigators. This will reinforce public trust in the Commission and its efforts in the war against corruption.

EACC CEO Elected to Executive Committee of the International Association of Anti-Corruption Authorities (IAACA)

6:1:2022 The Ethics and Anti-Corruption Commission’s CEO Mr. Twalib Mbarak was in November 2021 elected to the executive committee of the International Association of Anti-Corruption Authorities(IAACA).   Mr. Mbarak will hold this position for a period of three years as one of the members from the African region alongside other ExCo representatives from Mauritius, Senegal and Morocco.  The occasion also saw Mr. Simon PEH, Head of the Independent Commission Against Corruption (ICAC), Hong Kong, China elected as President of IAACA. The election of Mr. Mbarak to the prestigious international anti-corruption body represents an acknowledgment of recent gains in the war against corruption. Over the last 5 years, EACC has recovered assets worth over Kshs. 25 billion being proceeds of corruption. EACC has also conducted several high impact investigations resulting in high profile prosecutions and convictions. During the same period, EACC averted loss of approximately Kshs. 38 billion through proactive investigations and disruption of corruption networks. Mr. Mbarak’s nomination to the ExCo will afford Kenya the opportunity to explore informal channels for cooperation and coordination between anti-corruption authorities across the world. This comes shortly after media reports confirmed that Swiss banks have agreed to pass on details of accounts operated on behalf of Kenyan clients to the Swiss authorities who will, in turn, channel the information to Kenyan authorities. An example of this model is the The Framework for the Return of Assets from Corruption and Crime in Kenya (FRACCK) signed by the Governments of Kenya, Jersey, Switzerland and the UK in 2018 which facilitated repatriation of approx. USD 400,000 from the United Kingdom. The money was utilized to purchase 11 ambulances in support of the health sector. IAACA is an independent, non-political anti-corruption organization established to promote the effective implementation of the United Nations Convention against Corruption (UNCAC). IAACA’s responsibilities include; promoting international cooperation in the prevention, investigation and adjudication of corruption offences and facilitating the exchange and dissemination of expertise and experience among anti-corruption authorities,promoting measures for the prevention of corruption in both the public and private sectors. It is also the responsibility of IAACA to examine comparative criminal law, procedures and best practices.