NAI CIVIL APPEAL NO. E375 OF 2020
Ruling by Nairobi High Court Anti-Corruption Suit No. E020 of 2022 EACC v. Ferdinand Waititu & Others
Ruling 2 Nairobi High Court Anti-Corruption Suit No. E022 of 2023 EACC v. Nathan Wilson Kanani & 5 Others
A delegation from Transparency International visits EACC on a mission to strengthen anti-corruption efforts
23:05:2024: The Ethics and Anti-Corruption Commission (EACC) Vice Chairperson Dr. Monica Muiru has today hosted a delegation from Transparency International (TI) at the Integrity Centre in Nairobi. The high-level meeting aimed to explore potential collaboration avenues and enhance Kenya’s ongoing fight against corruption. The TI delegation was led by Dr. Francois Valerian, TI Board Chairperson and included Bernadette Musundi, TI-Kenya Board Chair, Sheila Masinde, Executive Director, and Alex Yator, Project Officer. Dr. Monica Wanjiru Muiru expressed her gratitude for TIâs consistent support and collaboration in promoting ethics, integrity, and good governance in Kenya. She highlighted the importance of strategic alliances in strengthening institutional capacities and advocating for good governance and also acknowledged the vital role that TI has played in supporting EACCâs mission and welcomed the opportunity to further discuss collaborative initiatives. Dr. Francois Valerian, in his remarks, commended EACC for its unwavering dedication to eradicating corruption in Kenya. He underscored the importance of collective action and international cooperation in tackling corruption, reaffirming TIâs support for EACCâs initiatives. The meeting concluded with a discussion on future collaborations and strategic initiatives. A significant highlight was the upcoming 8th Edition of the Anti-Corruption Day, to be hosted by Kenya in partnership with the African Union Advisory Board against Corruption (AUABC). Dr. Muiru called upon TI to actively participate and support the series of activities planned, including civil society engagement and awareness campaigns. This courtesy call marks a pivotal step in fortifying the alliance between EACC and TI, setting the stage for more robust and coordinated anti-corruption efforts in Kenya.
EACC launches the National Ethics and Corruption Survey Report 2023
27:03:2024: The Ethics and Anti-Corruption Commission has today launched the National Ethics and Corruption Survey Report, 2023 that it carried out in December last year. Released at the Integrity Centre, Nairobi, the report provides data on the prevailing perceptions, magnitude, forms and levels of corruption in the country. It also ranks Government Ministries, Departments, Agencies and Counties and the findings are expected to inform diverse anti-corruptions. The survey reveals, among others, that six out of 10 Kenyans perceive corruption to be high with five out of 10 perceiving that corruption has been increasing and that giving and receiving bribes, abuse of office, favouritism, nepotism and deliberate delay in service provision are perceived as the leading forms of corruption and unethical conduct in public service. It also listed the Police, Immigration Department and Registrar of Persons as government departments perceived as most prone to corruption, with greed and desire for quick services as major causes of corruption in public service. Corruption, the report highlights, has hampered economic growth, affected living standards and increased the cost of living leading to unemployment and poverty. Launching the report, EACCâs CEO, Mr Twalib Mbarak said that the survey had flagged the bureaucratic systems that promote corrupt practices. He revealed that the reportâs recommendations have been translated into a Rapid Results Initiative drive that will include enhanced enforcement, heightened media campaign, and enhanced public engagement among others. Mr. Mbarak called on all stakeholders to unite against corruption and promote ethical conduct in public service. EACCâs Chairperson, Dr. David Oginde said the survey report reflects the opinions and real experiences of Kenyans while interacting with public officials. He urged public officials to uphold ethics and integrity and to practice the values and principles enshrined in Art. 10 of the Constitution. Also present during the launch were Vice Chairperson of the Commission, Dr. Monica Wanjiru Muiru, Commissioners Colonel (Rtd) Alfred Mshimba, and Dr. Cecilia Mutuku.
An unfounded apprehension of bias cannot form a justifiable basis for judicial recusal.
Taita Taveta County Assembly Clerkâs arraignment deferred to April
13:03:2024: An Anti-Corruption Court in Mombasa has deferred to 8th April the plea taking of the Clerk to the County Assembly of Taita Taveta, Mr. Gadiel Mnyambo Maganga after defense counsel in the matter successfully argued that the accused was indisposed and admitted at a hospital in Mombasa. Mr. Maganga was to be arraigned yesterday after his Voi High Court anticipatory bail lapsed. He is charged alongside the Deputy Speaker of the County Assembly of Taita Taveta, Mr. Anselm Mwadime Chao for, among others, abuse of office, uttering false documents, false accounting by a public officer, willful failure to comply with the law, regulations and guidelines relating to procurement, and financial misconduct. The allegations relate to corruption and misappropriation of public funds amounting to Kes17 million at Taita Taveta County Assembly regarding travel to Zanzibar by 30 officials for a bonding trip in the 2022/2023 FY. EACCâs Lower Coast Regional Office, Mombasa, received a complaint through media on 28th November 2022 of an allegation of embezzlement of public funds at the Taita Taveta County Assembly. This was as a result of imprest advanced to the Speaker, Clerk, 21 Members of the County Assembly and four other officers for a bonding trip to Zanzibar. Investigations revealed, among others, that one, the purported education trip to Zanzibar was meant for members of a Liaison Committee of the County Assembly. Two, that Kes17 million was utilized on the trip out of which Kes9 million was paid to World Scout Parliamentary Union Kenya for training, conference and travel arrangements, and Kes8 million as imprest advance to 30 officers that were meant to attend the training. It was also revealed that of the 30 officers who were paid imprest to travel, 25 travelled and spent 5 nights instead of six in Zanzibar and one night locally resulting into a loss of Kes1,033,288. Four officials did not travel at all while one traveled for only three nights in Zanzibar together occasioning a loss of Kes1,182,263. The officers delegated for the training, investigations also established, were paid full daily subsistence allowance for five nights yet Bonfire Adventures through WSPUK had paid their accommodation at Marijani Beach Resourt and Spa Hotel at USD132 per night. This resulted in a loss of Kes3,965,889. The Office of the Director of Public Prosecutions concurred with the proposed charges against the Clerk and the Deputy Speaker. The Commission has also been able to recover Kes5.6 million of the Kes6.2 million daily subsistence allowances irregularly paid to the officials.
EACC freezes Thika Land Registrarâs multi-billion wealth
12:03:2024: The Ethics and Anti-Corruption Commission (EACC) has secured Orders from the High Court today freezing multi-billion wealth belonging to Thika Land Registrar Felix Mecha Nyakundi for six months. The Commission suspects the said properties, including 106 prime properties spread across the country and 17 high-end vehicles to be proceeds of corruption, which should be forfeited to the Government. Issuing the orders from Milimani High Court, Lady Justice Esther Maina also allowed EACC to hold and retain the sum of unexplained cash amounting to Kes4.26 million seized from the suspect during a search operation undertaken by EACC in his homes and offices. In the application filed on Friday under a Certificate of Urgency, EACC, through its Advocate Pius Nyoike, told the High Court that Nyakundi has accumulated massive wealth that is not commensurate with his known legitimate sources of income and the Commission, therefore, reasonably suspects him of corruption and economic crimes. According to the documents filed in Court, EACC said that it was reasonably apprehensive that unless the preservation orders are granted, the 106 properties and 17 vehicles discovered through its preliminary investigations were at risk of being transferred, sold, charged or otherwise wasted thereby jeopardizing their recovery. Justice Maina said in her ruling that she was satisfied that the Commission made a compelling case for grant of the preservation orders pending finalization of the ongoing investigations into allegations of embezzlement of public funds, abuse of office and unexplained wealth. The Commission contends that based on its preliminary investigations, Nyakundi cannot practically have amassed such wealth through lawful and legitimate means and in the absence of any satisfactory explanation, his accumulated wealth can only be proceeds of corruption hence liable to forfeiture to the Government. The Orders by Justice Maina prohibit Felix Mecha Nyakundi, implicated family members and associates, whether by themselves or through their agents or servants from selling, transferring, disposing of, wasting, charging or in any other way dealing with the 106 properties and 17 motor vehicles for the next six months.
Compliance monitoring of cash transfer programme begins at the State Department for Social Protection
12:03:2024: The Ethics and Anti-Corruption Commission (EACC) has started the compliance monitoring exercise on the implementation of the Older Persons Cash Transfer Programme (OPCTP) at the State Department for Social Protection and Senior Citizens Affairs, Ministry of Labour and Social Protection. Launched last week at NSSF Building by EACCâs Commissioner Col. (Rtd) Alfred Mshimba in an event that was graced by the Cabinet Secretary, Labour and Social Protection Ms Florence Bore, and Principle Secretary, State Department of for Social Protection and Senior Citizens Affairs, Mr. Joseph Motari, the exercise will identify weaknesses and opportunities that may be exploited to perpetuate corrupt and unethical practices. It will also provide recommendations to strengthen the systems and mainstream integrity, accountability and transparency in the management of resources allocated to the OPCTP. It will help determine whether the State Department for Social Protection is managing the OPCT programme efficiently, transparently, and prudently in accordance with the laws and regulations in place. The focus of the exercise will be on four main elements of start-up and mobilization; targeting and enrolment; payment; and change management. The EACC monitoring team will look into the policies, legal and institutional framework, procedures, processes, and work practices adopted in the OPCT Programme within the Ministryâs head office in Nairobi and selected regional offices. The team will also visit and hold discussions with officers from other Government departments and stakeholders involved in the implementation of the programme. They will study the existing systems, policies, procedures and practices used in the cash transfer programmes, ascertain their effectiveness and identify and profile areas of weaknesses, loopholes and avenues for non-compliance to regulatory requirements, and challenges in the system. This will be done by way of formal and informal interviews with senior management and staff of targeted institutions and beneficiaries, content analysis of the various documents used in the cash transfer programme, review of policy and operational records, observe payment processes and visit sampled beneficiaries. A report of the findings and recommendations will then be presented to the leadership of the Ministry. The Kenya Population of 2019 Census estimated that older people comprised 6 per cent or 2.7 million people. This number, said EACCâs Director of Preventive Services, Mr. Vincent Okongâo, is expected to increase to 10.3 per cent by 2050 due to such factors as better health outcomes, improved nutrition, and advanced technology in treatment, early intervention, and cure of diseases among others. OPCT was started as a pilot in 2007 with only 300 beneficiaries. The current beneficiaries are 833,129 out of the total Inua Jamii Programme beneficiaries totalling 1,233,129. Other Programmes under the Inua Jamii are the Orphans and Vulnerable Children, and the Persons with Severe Disabilities Cash Transfer. In 2017, the OPCT was made Universal for all older persons above 70 years. However, the resources havenât been adequate to cover all eligible older persons. Ms Bore appreciated the scope of the monitoring adding that it will be critical in unearthing weaknesses in the governance of the cash transfer programme. âWe shall be happy to receive the findings which will no doubt help to streamline the cash transfer programme,â added the Cabinet Secretary. The process, promised Commissioner Mshimba, is not about casting blame but rather empowering all stakeholders to be part of the solution and implored officers at the Ministry to take part in the exercise proactively. âIt is a commitment to a culture of integrity and an investment in the future of this institution. I call upon all officers of the Ministry of Labour and Social Protection to actively participate in this exercise and to embrace the outcomes with open minds,â he said.