EACC arrests Bulla Mzuri Location Chief in Garissa County for extorting refugees
A Chief in Garisa County has been arrested for extortion of money from refugees seeking services from his office. Abdirahman Shafe Yussuf of Bulla Mzuri Location was caught in the act during an operation mounted by EACC Garisa Regional Office last week following an inquiry into numerous complaints from victims. The Chief had reportedly become notorious for bribe demands in an ongoing de-registration of fingerprints from the United Nations for High Commissioner for Refugees (UNHCR) system. Before permitting the process, he allegedly required every service seeker to pay him Kes3,000 as “consultation fee” and a further Kes10,000 as “facilitation fee” despite the service being free of charge. Before the EACC intervention, all service seekers were required to first pay, as a mandatory condition, the illegal charges to his accomplice, a Clerk operating from Motor Vehicle Registration Number KCY 656W (White Probox) parked outside the Vetting hall. During the operation, the Commission recovered from the Chief Kes139,000 believed to be part of the day’s collection and a list of 85 double registered applicants indicating the amount paid by each. The suspect was processed at EACC Garissa Regional Office and freed on police bond pending finalization of the probe.
FCPA John Lolkoloi: We must ensure pursuit of profits is done ethically
24:05:2024: Business environment is highly competitive and some organisations end up engaging in unethical conduct including manipulating accounts, bribing regulatory and oversight agencies and tax evasion the consequence of which is corruption, EACC Director for Ethics and Leadership, FCPA John Lolkoloi has said. He was giving a key note address today on the Importance of Public and Private Sector Collaboration in Fostering a Clean Business Environment at the UN Global Compact Business Integrity Conference at Villa Rosa Kempiski, Nairobi. Dubbed Business Integrity Conference under the theme, Integrity and Collective Action: Foundations of a clean business environment, the Conference aimed at advancing a culture of integrity and promoting collective action among anti-corruption actors in Kenya. It brought together C-Suite Executives from the private sector and the business community in Kenya. To inculcate clean business practices, Director Lolkoloi said, we must come up with strategies to reign in ambitions of business to safe limits and ensure pursuit of profit is conducted having regards to business ethics, safety of customers, concern for society, and protection of the environment He urged development, implementation, and enforcement of codes of ethics for business, support for official oversight and anti-corruption agencies, and joint development of legislation, as some of what the public and private sectors can jointly do to eliminate corruption and unethical business practices. Speaking at the Conference, Ms. Cristina Ritter, Head of Anti-Corruption and Governance, UN Global Compact said that there has been alarming rise of scandals and unethical practices in recent times, underlining the urgency for businesses to prioritize integrity as a key pillar in their business operations. The UN Convention against Corruption (UNCAC), adopted by the UN General Assembly in October 2003 aims, she said, to answer the question of how corruption can be tackled effectively in all its forms. “I am glad to note that several African countries including Kenya, have ratified the UNCAC, which demonstrates a clear commitment to the fight against corruption,” she said. The conference was convened by Global Compact Network Kenya, a country network of UN Global Compact which is a corporate sustainability initiative. UN Global Compact is committed to spearheading and catalyzing actions aimed at promoting good business practices by building capacity and awareness of ethics and integrity as per the 10 principles of human rights, labour, environment and anti-corruption.
We must strengthen partnerships to tackle the menace of corruption effectively
23:05:2024: The Regional Conference of the Eastern Africa Anti-Corruption Platform for fast-tracking United Nations Convention Against Corruption (UNCAC) implementation, ending today at Safari Park Hotel in Nairobi, comes against the backdrop of growing concern over the adverse effects of corruption on the achievement of Kenya’s ambitious journey towards a middle class economy, Chief of Staff and Head of Public Service, Mr. Felix Koskei has said. Mr. Koskei also said when he addressed the Conference yesterday as Chief Guest that the fight against corruption and entrenchment of good governance is a strategic imperative in the realization of Kenya’s development plan. The Head of Public Service said that the Government is committed to revamp the economy, foster job creation, lower the cost of living, improve foreign exchange, control and promote inclusive growth, achievement of which requires prudent, objective and focused use of public resources, preservation of natural resources and a sustained move towards improving livelihoods and the country’s competitiveness. Corruption, he said, undermines democracy, distorts markets, erodes quality of life, fosters crime and terrorism, skews distribution of resources, reinforces the exclusion and discrimination of the most vulnerable, results in tax evasion, denies government the much needed revenue to provide services. It, he added, manifests in numerous ways such as theft, embezzlement, poor decision making and even inaction and that there is no country in the world that does not exhibit corruption in one or many forms. “This is the reason State parties in 2004 adopted the convention that is under discussion in this conference. Tackling this menace would be achieved by working together,” he said. The conference is held in the backdrop of the commemoration of the 20th anniversary of UNCAC. Speaking at the conference, Deputy Executive Director of the Ethics and Anti-Corruption Commission (EACC) and the host of the event, Mr. Abdi Mohamud took cognizance of the fact that majority of the member states have ratified the Convention, and completed the second review cycle. This, he said, demonstrates commitment in the fight against corruption. The conference was attended by representatives of members states including Burundi, Djibouti, Ethiopia, Rwanda, South Sudan, Tanzania, Uganda, The Democratic Republic of the Congo and Somalia. It emphasized on four thematic areas; Asset recovery and financial investigations; whistle-blowing protection and the protection of other reporting persons; Public procurement and integrity systems; and Private sector collective action against corruption. In implementing the UNCAC, Mr. Abdi said, EACC is guided by its Strategic Plan 2023 – 2028 focusing on asset-tracing/recovery, investigations, prevention and partnerships. Kenya, he said, has made progress in building resilient, strong and functioning institutions such as the EACC, Office of the Director of Public Prosecutions, Office of the Auditor General, Judiciary, among others to promote accountability and strengthen the rule of law. Kenya, he said, is honoured to have been, during the 15th Annual General Meeting of the Eastern Africa Association of Anti-Corruption Authorities (EAAACA), which took place in Addis Ababa, Ethiopia from 2nd to 3rd May, 2024, appointed to the position of the Vice-President of the EAAACA Executive Committee for two years. He also appreciated the African Association of Anti-Corruption Authorities (AAACA) for entrusting Kenya to host the Centre for Anti-Corruption Studies and Research. The Centre, he said, will play an important role in facilitating the development and harmonization of strategies for the prevention, detection, investigation, research and control of corruption in Africa. Kenya has also been tasked to partner with the African Union Advisory Board against Corruption (AUABC) in commemorating the African Anti-Corruption Day (AACD) on 11th July 2024 and the Deputy CEO took advantage to invite the representative of State parties at the conference to return for event. The main objective of the Regional Conference was to take stock of successes and challenges faced by the Eastern Africa Platform countries and identify new priorities and initiatives for the next phase.
Assets whose value is disproportionate to a public officer’s known legitimate source of income constitute unexplained wealth which in absence of satisfactory explanation, is liable to the State – Court of Appeal Judgement in Civil Appeal No.464 of 2019: Jimmy Kiambaa and 3 others and EACC
DPP’s sudden change of position in GDC case is an unjustified deviation from his previous submissions on record which supported the charges
Where property is acquired in a procedure marred with fraudulent misrepresentation, title does not enjoy protection on grounds of indefeasibility
We have no jurisdiction to hear and determine Petition No. E004 of 2024, Supreme Court of Kenya says
Case in irregular procurement at Geothermal and Development Company to continue, Court rules
22:05:2024: Anti-Corruption Court at Milimani has ruled against an application filed on 13th Feb 2024 under a certificate of urgency seeking to withdraw charges in Anti-Corruption Case No. 20 of 2015. Chief Magistrate Hon. Nzioki agreed with the Ethics and Anti-Corruption Commission’s submissions that the intended withdrawal of the case was not in the public interest, the interest of administration of justice or intended to prevent an abuse of the legal process. “The DPP’s sudden change of position is an unjustified deviation from the previous submissions on record before the superior courts which supported the charges,” the Court averred. ACC No. 2015 Republic Vs Nicholas Karume and 7 others is a case of irregular procurement of rig move services at Geothermal and Development Company. It is alleged that in the Financial Year 2010/2011 GDC entered into a contract for Rig Move services at Menengai site with Bonfide Clearing and Forwarding Limited (BCFCL) for Rig Move Services, at a cost of 19,550,000 per Rig move and in the following Financial Year of 2012/2013, GDC again procured the same services from the same Company at an exaggerated cost of Kes42,746,000 per rig move, a more than 100% increase. It is a protracted case that was instituted in November 2015 when the DPP concurred with the recommendations of EACC to prosecute after investigations. After arraignment, the first accused filed a Judicial Review in the High Court seeking to quash the charges which the Court granted and issued prohibition orders on 19th April 2016. Consequently, accused three, four and five also filed a similar application and got similar orders on 20th December 2016 quashing trial proceedings. Aggrieved by the High Court’s decisions, three separate appeals were lodged in the court of Appeal by the DPP and the EACC in 2017. The Court of Appeal consequently overturned the High Court decision in those appeals and held that the High Court judge misdirected himself in prohibiting prosecution of the accused. Aggrieved by the Court of Appeal decision, two appeals were lodged in the Supreme Court by accused one, three, four and five. The Supreme Court, in it’s judgement of 27th January, 2023 dismissed the petitions and ordered that ACC. NO. 20 of 2015proceed on a priority basis. As the appeals were pending, and pursuant to the decision in the Court of Appeal in Civil Appeal No. 102 of 2016: Eng. Michael Sistu Mwaura Kamau vs EACC & 4 others, charges against accused two, six, seven and eight were withdrawn on 18th October 2017. This was done undersection 87 (a) of the Criminal Procedure Code on a technicality that the EACC conducted investigations when it was not properly constituted. Regarding the accused persons who vide the supreme court judgement were directed to face trial, the DPP stated that the case against the three accused persons be withdrawn under section 87(a) of the Criminal Procedure Code and went on to file, on 13th February 2024, under certificate of urgency an application seeking to withdraw charges against accused one, three, and five. EACC filed submissions opposing the application. The Commission focused on the public interest, fair and rational administration of justice and invited the Court to note that the DPP had concurred with recommendations by the EACC to charge the accused persons and further defended the position that there was sufficient evidence to charge the accused persons in the High Court, Court of Appeal and the Supreme Court. The matter came up for ruling today and Hon. Nzioka, in dismissing the said petition held, inter alia, that the application was not founded on any sound reasoning and was intended to defeat the Supreme Court Judgement and scheduled for a mention on 25th June, 2024for pre-trial directions.
Court convicts former Embakasi South CDF official, his associate in Kes2.2m computer supply scandal
21:05:2024: Two accused persons in a Kes2.2 million Embakasi South Constituency Development Fund (CDF) embezzlement in the 2013/2014 financial year have been found guilty by a Milimani Anti-Corruption Court. Hon. Victor Wakumile convicted Peter Mukhanji, the first accused and also the Fund Account Manager Embakasi South CDF and Nifrey Musilivi Tero, the sole proprietor of E-Wise Systems on three counts out of the seven counts that they faced. They were charged with one count of conspiracy to commit an offence of corruption, three counts of willful failure to comply with the law relating to procurement, one count of fraudulent acquisition of public property, one count of conflict of interest, and one count of receiving a bribe. They were jointly convicted in count one on conspiracy to commit an offence of corruption in which they were accused of defrauding Embakasi South CDF of Kes2,199,823. Peter Mukhanji was also convicted in count two on failure to comply with the law relating to procurement where he was accused of entering into a written contract with E-Wise Systems before the lapse of 14 days after the notification of award for tender for the supply of 44 computers to Embakasi Girls and Emmaus Secondary Schools Worth Kes2,199,823. His counterpart was, besides, convicted in count five on fraudulent acquisition of public property where she was accused of fraudulently acquiring Kes2,199,823. They were released on existing bond terms until 11th June, 2024 when the Court reconvenes for sentencing.
CRA employee in forged certificates scandal pleads not guilty to charges
21:05:2024: An employee of the Commission of Revenue Allocation (CRA) who forged academic certificates on whose strength she was employed and earned a gross salary of Kes15,224,522 between August 2017 and July 2023 has today been arraigned in the Anti-Corruption Court at Milimani. This comes after the Director of Public Prosecutions (DPP) concurred with the Ethics and Anti-Corruption Commission (EACC)’s recommendation to prosecute. Jecintah Adoyo Hezron, a Senior Analyst/Personal Assistant to the Chairperson of the CRA was arraigned before Hon. Celesa Okore after she honored summons to appear at EACC’s Integrity Centre this morning. She was charged with one count of fraudulent acquisition of public property, two counts of forgery, two counts of uttering false document, one of giving false information to a person employed in public service, and one of deceiving principal. The Court heard that between 1st August 2017 and 31st July 2023, Jecintah Adoyo, being a public officer employed at the CRA, she fraudulently acquired public property amounting to Kes15,224,522 in the form salary. This was upon employment based on academic certificates; Masters in Arts (Development Studies) and Bachelor of Arts (Sociology) certificates purportedly awarded by the University of Nairobi in 2009 and 2012 respectively, a fact she knew to be false. On 4th July 2017, the Court was told, she produced the same certificates to the interviewing panel during an interview purporting them to be genuine while knowing they were fake. That she knowingly gave false information to the EACC on 12th July 2017 by stating that she possessed the said qualifications when she filled in her Self Declaration Form for purposes of seeking clearance for employment as a Senior Analyst/Personal Assistant to the Chairperson at CRA. And that on 1st August 2018 at the CRA offices in Nairobi, she knowingly and intentionally deceived her principal by stating that she had the said qualifications, which information she knew was false. She denied all the charges and was released on a bond of Kes2 million with a surety of a similar amount or cash bail of Kes1 million. The case will be mentioned on 17th June, 2024.