EACC recommends prosecution of FKF president in AFCON 2027 championship fund scandal
20:05:2024: It is only recently that Kenya, alongside its neighbour, Uganda won the bid to host the 2027 Africa Cup of Nations (AFCON). This is going to be Kenya’s first ever chance to host the Continent’s most prestigious soccer event, 68 years on since its inception in 1957. That, however, runs the risk of not happening. The country’s soccer management institutions are mired in corruption scandals that have swindled some of the funds put forward to help with meeting part of the AFCON preconditions. Based on the Confederation of African Football (CAF), the administrative and controlling body for association football’s requirements for instance, a country needs six stadiums to host the AFCON, two of which to be able to accommodate at least 40,000 spectators, another two that can hold at least 20,000, and the remaining two to be able to hold at least 15,000 fans. However, the Ministry of Sports, Culture and Arts, the Federation of Kenya Football and Sports Kenya are already in the eyes of a storm in relation to embezzlement of Kes330.5 million out of the Kes1.5 billion put aside in 2018 for meeting this specific requirement of CAF. In particular, the money was set aside for the design, supply, testing, commissioning and supervision of security access control communications, audio visual and pitch lighting systems for five stadia in preparations for the championships. Investigations by the Ethics and Anti-Corruption Commission established that the company, Auditel Kenya, that won the tender for the above services was awarded irregularly as it attached false documents to its bid. Furthermore, Auditel Kenya, investigations further revealed, did not render any services in the five stadia as per the contract despite receiving Kes330, 537, 997. After receiving the said amount, financial investigations established, the Company paid Kes25, 682,893 to Restea Enterprises which in turn transferred the money to persons associated with FKF president, Leasepath Ltd, and Leasetrade Ltd. The directors of the two private companies and the FKF president therefore knowingly engaged in arrangement to receive money from Auditel Kenya with intent to conceal the source of the said money. They knew that Auditel had obtained the funds without rendering any services. EACC as such has recommended to the Director of Public Prosecutions to charge the then Permanent Secretary, Ministry of Sports, Culture and Arts, the Ministry’s then Finance Officer, Principal Accountant, Senior Superintendent Engineer, Director of Administration, and the Mechanical Engineer at Sports Kenya, and the FKF president. Others on the EACC radar are Auditel Kenya Ltd, Restea Ltd, Leasepride Ltd, and Leasepath Ltd and their directors. EACC has recommended that the above be charged with six offences among them conspiracy to commit an offence of corruption, abuse of office, financial misconduct, willful failure to comply with the law relating to procurement, and money laundering. This is revealed in the Commission’s 1st Quarterly Report of 1st January to 31st March 2024, setting out the number of reports made to the DPP. The Commission is under Sec.36 of the Anti-Corruption and Economic Crimes Act, 2003 required to prepare quarterly reports setting out the number of reports made to the DPP, indicating if its recommendation to prosecute was accepted or not. The law also requires the Commission to give a copy of the report to the Attorney General who lays a copy before the National Assembly. On this particular inquiry file, the report indicates, the DPP has recommended further investigations. The report also shows that EACC has, in the first quarter, forwarded a total of 17 files to the DPP out of which 12 were with recommended for prosecution, two for administrative or other action and four for closure. One file with recommendation for prosecution got the nod, two with recommendation for administrative action or other action got accepted, eight were returned for further investigations and one file with recommendation for prosecution was declined but given the nod for administrative action. The file that the DPP concurred with EACC’s recommendation to prosecute is one whose investigations relate to allegations about a former Senior Analyst/Personal Assistant to the Chairperson of the Commission of Revenue Allocation (CRA)’s use of forged academic documents to secure employment. Investigations established that the employee used forged Master of Arts Certificate and Bachelor of Arts (Sociology) Degree Certificate to secure employment at CRA where she worked from August 2017 to July 2023 during which time she fraudulently earned a gross salary of Kes15,224,522.
EACC recovers grabbed State properties worth Kes3.3 billion in Eldoret
18:05:2024: The Ethics and Anti-Corruption Commission has recovered Kes3.2 billion worth of grabbed public property in Eldoret town, Uasin Gishu County among them, a residential house hosting a judicial officer. The other recovered properties belong to the State Department of Housing, Administration Police, Uasin Gishu Referral Hospital, Uasin County Fire Station, and County Assembly. Particulars of the recovered properties include Eldoret Municipality/Block4/53 measuring 1.67acres worth Kes370 million; Eldoret Municipality/Block 4/54 measuring 0.54acres valued at Kes110 million; Eldoret Municipality/Block 4/53 measuring 1.17acres valued at Kes370 million; and Eldoret Municipality/Block 4/52 measuring 0.63acres valued at Kes440 million all being land on which the Administration Police lies but allocated to Lima Ltd. The others are Eldoret Municipality/Block 7/272 measuring 0.35acres valued in 2024 at Kes80 million being a residential house belonging to the Judiciary but irregularly allocated to John Futu Mwachai; Eldoret Municipality/Block 4/57 measuring 0.99acres valued at Kes660 million belonging to Uasin Gishu County Referral Hospital but irregularly allocated to Chemey Investment; and Eldoret Municipality/Block 3/28 measuring 0.42acres valued at Kes180 million belonging to Uasin Gishu County Assembly but irregularly allocated to Kipsirgoi Investments. Also recovered are Eldoret Municipality/Block 4/55 measuring 1acre valued at Kes520 million, and Eldoret Municipality/Block 4/129 measuring 0.44acres valued at Kes270 million both belonging to Eldoret Municipality/Block 4/129; and, lastly, Eldoret Municipality Block 15/1762 measuring 26.6acres valued at Kes255 million being a parcel within Cherunya, bringing the total value of the recovered properties to Kes3.255 billion. Addressing the media on the sidelines of a joint workshop for Vihiga and Elgeyo Marakwet County Assemblies and County Public Service Boards, EACC Head of Communication, Mr. Eric Ngumbi revealed that 97 other landed properties worth Kes7.4 billion grabbed in the same town are under investigations for recovery. EACC, Mr. Ngumbi said, is also closely monitoring the ongoing development of county budgets for the 2024/2025FY following increased collusion between County Assemblies and officers of the County Executives to budget for corruption. This, he said is done largely through allocation of budget to already existing projects or those that are not intended for execution.
Wind for public officers to declare wealth publicly gathers storm
17:05:2024: Public officers may soon have to make open declarations of their wealth if Kenya were to adopt the resolutions of the 14th Regional Conference and Annual General Meeting of the Heads of Anti-Corruption Agencies in Commonwealth Africa recently held in Ghana. The Conference determined in resolution (b) that Commonwealth African governments should ensure the mandatory disclosure of assets and liabilities of all public office holders, and take necessary steps to audit their lifestyles, and that of their significant associates. That would be a huge break from tradition in Kenya where public officers are only required, according to section 26 of the Public Officer Ethics Act, 2003, to declare their wealth to their responsible Commission. Sec. 26 (1) states thus, “Every public officer shall, once every two years prescribed by section 27, submit to the responsible Commission for the public officer a declaration of the income, assets and liabilities of himself, his spouse or spouses and his dependent children under the age of 18 years.” Kenya’s public officers declare their wealth within 30 days of joining public service, once every two years, and within 30 days of exiting public service. Wealth declaration was meant to be an accountability tool in Kenya’s public service. The efficacy, however, of this law to effectively aid in detecting, investigating, prosecuting and, therefore, prevent corruption, abuse of power and accumulation of unexplained wealth has been in doubt due to the fact that wealth declaration is confidential. With the theme; Strengthening Institution and Promoting Transparency: a means of fighting corruption in commonwealth Africa, theConference also resolved, among others, that Anti-Corruption agencies should collaborate with relevant local agencies and cooperate with key international partners in the fight against corruption. That they should consider leveraging expertise of international partners and key players to build capacity towards combating corruption, and that they should preserve their independence as a means to ensure their effectiveness and upholding the integrity of their work. Commonwealth African governments, the Conference resolved, should scale up the use of technology to combat corruption. It also called on the Commonwealth African governments to commit adequate resources to Anti-Corruption agencies to ensure their effectiveness and sustainability at fighting corruption. Speaking at the Conference that took place in Accra, Ghana from 5th to 12th May 2024, Ethics and Anti-Corruption (EACC) Deputy Chief Executive Officer, Mr Abdi Mohamud Ahmed elaborated on Kenya’s anti-corruption agency’s four-pronged strategy in its fight against corruption. This include high impact investigations whose criteria is the value, personalities and the public interest involved. The aim of this strategy is to cause maximum deterrence. EACC’s second strategical pillar is asset tracking and recovery. This targets both possession of unexplained wealth and corruptly acquired assets with focus on civil litigation and alternative dispute resolution. The Commission also focuses on prevention as a strategy where it proactively mitigates corruption through promotion of ethics, institutional and personal integrity. Lastly, through partnerships, the Commission enlists and maintains strategic linkages in the fight against corruption. Mr. Abdi also discussed the emerging trends on corruption and economic crimes as manifesting in, among others, multiple cash withdrawals below the statutory threshold to conceal money trail, use of professionals as conduits of corruption, judicial forum shopping to obtain conservatory orders, use of shell companies and proxies to hide ownership of assets and financial transactions, and delay in completion of investigations with international dimensions due to slow processing of Mutual Legal Assistance (MLA) in some jurisdictions. The Deputy CEO of EACC hailed Suspension of public officers from office, lifestyle audit, strengthened asset recovery, automation of government processes and strengthening of policy and legal framework as some of the innovations that have aided Kenya’s anti-corruption war. He was accompanied by Director, Ethics and Leaders, Mr. John Lolkoloi and Assist Director Field Services, Ms. Joyce Munene. The 14th Regional Conference and Annual General Meeting of the Heads of Anti-Corruption Agencies in Commonwealth Africa was organized by the Commonwealth Secretariat and co-hosted by Ghana’s Economic and Organised Crime Office (EOCO) as the lead agency, the Commission on Human Rights and Administrative Justice (CHRAJ) and Office of the Special Prosecutor (OSP). It was addressed by Ghana’s President, His excellency Nana Addo Dankwa through Ghana’s Attorney General and Minister for Justice, Hon. Godfred Yeboah Dame. It was also graced by Ghana’s Vice President, His Excellency Dr. Mahamadu Bawumia who made a special presentation on the importance of digitalization in the fight against corruption in Africa. Anti-Corruption agencies which attended and signed the communique include Ghana, Cameroon, Lesotho, Sierra Leone, Kenya, Uganda, Tanzania, Rwanda, Seychelles, Mauritius, South Africa, Nigeria, Namibia, Zambia among others.
Ufungamano Joint Forum of Religious Organisations pays a courtesy call on EACC top leadership
16:05:2024: EACC Chairperson, Dr. David Oginde has this afternoon hosted officials from the Ufungamano Joint Forum of Religious Organizations (U-JFRO) at Integrity Centre. The delegation, comprising the Chairperson, U-JFRO Bishop Stephen Kanyaru; Secretary, U-JFRO Mr. Charles Kariuki Wambugu; Trustees and Council Members, paid him a courtesy call. The two institutions discussed areas of collaboration between EACC and the faith sector in the fight against corruption and unethical conduct. The Commission Chairperson was accompanied by the Vice-Chairperson, Dr. Monica Muiru, other Commissioners and senior EACC officials. During the visit, Dr. Oginde expressed gratitude to the visitors for their interest in the Commission’s work, which requires the support of every Kenyan as it is not something EACC can do alone. He further said that, by meeting U-JFRO, the Commission was fulfilling its partnership mandate in ridding the country of corruption. He also invited their partnership in manage the huge task of fighting corruption and unethical conduct in Kenya. Bishop Kanyaru thanked the Commission for its noble work, opining that it is not an easy task. Mr. Wambugu said that U-JFRO has been concerned about governance in the country for a long time and hoped to see areas where U-JFRO could collaborate with EACC.
Help combat graft, EACC urges County Prevention Committee members
16:05:2026: County Prevention Committee members drawn from Elgeyo Marakwet and Vihiga Counties have been called upon to uphold ethics and integrity while discharging their duties. This came out during a three-day capacity building workshop for the members held in Eldoret from 14 to 16 May, 2024. Speaking during the workshop jointly held in partnership with GIZ on Good Governance Support Programme, EACC Deputy Director – Education and Public Awareness, Dr. Emily Mworia said that the training will strengthen and augment corruption prevention efforts in the respective County Assemblies and County Public Service Boards. Dr Mworia noted that collaboration between the Commission and County governments in corruption prevention has continued to solidify. “The Commission,” she said, “has conducted Corruption Risk Assessment (CRA) in 26 County Executives and 24 County Assemblies. The CRAs were aimed at looking into the systems, policies, procedures and practices of County Executives and Assemblies to identify corruption loopholes and risks and provide appropriate mitigation measures to eliminate identified loopholes and risks.” In a rallying call to the participants, the Deputy Director said, “I wish to invite you to be agents of positive transformation in promotion of ethics and integrity in the discharge of your duties. Abide and adhere to the various laws, regulations, policies and guidelines that define your obligations. I encourage you to embrace and uphold national values of integrity, patriotism and uphold human dignity as enshrined in our Constitution.” EACC’S North Rift, Regional Manager, Mr Charles Rasugu in his remarks said that the Commission remained available to work with counties to build an ethics infrastructure, relevant governance instruments and policies for detecting and preventing corruption and unethical conduct. Hon. Christopher Omulele, Speaker, County Assembly of Vihiga thanked the Commission for collaborating with counties in fighting corruption because it made Kenya a better country for all through transparent governance. Elgeyo Marakwet’s Assembly Clerk Ms Jane Mutai called upon the Commission to enhance capacity building opportunities to more county staff as a strategy to help address corruption collectively.
Proverbial 40 days finally end for a Chief in Kibera Laini Saba
16:05:2024: EACC has arrested an Assistant Chief and his Village Elder for demanding and receiving a bribe. Anthony Irungu Kabugi, Assistant Chief of Laini Saba, Kibera and Isaya Irekwa Simani were apprehended last evening for demanding a bribe of Kes50, 000 and receiving Kes10,000 from a Pastor at Pentecostal Assemblies of God Church in Laini Saba. They were booked at the Kilimani Police Station where they spent the night. The complainant made a report to the Commission on 9th May 2024 that the Assistant Chief and his Chief visited his church and alleged that it stood on a riparian land and therefore needed to be demolished as per Government directives. After some discussions, however, they asked the complainant for a bribe of Kes50, 000 to spare him the demolition. The bribe was reduced to Kes20, 000 after bargaining, which was to be paid in two instalments of Kes10, 000 each. It was in the process of receiving the first instalment yesterday that the Assistant Chief and his Village Elder were pounced on by EACC detectives and arrested. The two are currently undergoing processing and awaiting further action at the Integrity Centre. The Government has heightened demolitions on riparian lands in view of the flood catastrophes witnessed from the recent heavy rains. It is likely that some unscrupulous public officers may want to take advantage and cash in on this tragedy. EACC calls upon members of the public to be on high alert and report such cases at its headquarters at Integrity Centre, or to any of its regional offices nearest to them, or through its toll free number,1551.
EACC Conducts capacity building programme for University of Eldoret Staff
14:05:2024: EACC has embarked on a three-day anti-corruption capacity building workshop for the University of Eldoret’s staff. The workshop targeting Corruption Prevention Committee members brings together different cadres of staff including executive management and staff drawn from key functional areas of the university including finance, procurement, academia, ICT, and planning. While officially launching the workshop, Deputy Director, Education, Training and Public Awareness Dr. Emily Mworia said that the training was a critical collaboration between the Commission and the University in the fight against corruption and in ensuring that ethics and integrity become the hallmark of the education standards at the University of Eldoret. Underscoring the importance of partnerships, Dr Mworia said that, “The Commission continues to pursue strategic partnerships and collaborations with both state and non-state actors aimed at strengthening good governance for effective service delivery. The Deputy Director observed that Corruption Prevention Committees played a critical role in the management of institutional anti-corruption and integrity initiatives, spearheading all anti-corruption agenda in the institution. EACC’s North Rift Regional Manager, Charles Rasugu in his remarks decried the increasing trends of corruption and unethical practices that had permeated higher education sector with the risk of destroying the foundation of the country’s present and future development. Mr. Rasugu called upon the participants to lead the way in combating and preventing issues of fake academic credentials, bribery, conflict of interest and examination malpractices. Vice Chancellor, Prof. Thomas Cheruiyot represented by Prof. Beatrice Were noted that University of Eldoret had established various policies and preventive measures designed to fight corruption. “We have 25 integrity assurance officers who help us tame and address integrity issues within the university.” She said. “We also have annual corruption risk assessment plans and hold quarterly meetings where we intent to forward the same reports to EACC for guidance,” she added. The capacity building workshop is one among many conducted by the Commission with the aim of strengthening the commitment to integrity, accountability, and good governance across all levels of public service.
EACC records significant progress in asset recovery
14:05:2024: The value of recovered property by the Ethics and Anti-Corruption Commission in the form of unexplained wealth held by public officers and corruptly acquired assets has significantly increased to Kes28 billion in 2023 from Kes3.565 billion in 2018. At the same time, the value of loss of public funds averted through disruption of corruption networks rose from Kes19.7 billion in 2018 to Kes41.3 billion in the year under review. This is revealed in EACC Annual Report for the Financial Year 2022/2023 launched today at the Commission’s headquarters at Integrity Centre. The report also shows that the Commission forwarded 97 files to the Director of Public Prosecutions in the year under review for further action, out of the 158 files that it finalized on corruption, economic crimes and unethical conduct. During the same year, the report shows, the Commission filed 62 new civil suits to recover assets estimated at Kes8.73 billion currently in private hands including land, houses and cash. The Commission has also traced and is in the process of recovering from suspects unexplained and illegally acquired public property worth Kes6.63 billion. Procurement irregularities, the report reveals, registered cases involving the largest amounts with Tana Athi Water Works Development Agency leading with Kes26.7 billion, followed by Kenya Electricity Transmission Company with Kes18.5 billion; Ministry of Health, Kes10.2 billion; Tourism Fund, Kesh8.5 billion and; Kenya Railways Staff Retirement Benefits Scheme, Kes8.0 billion. Launching the Report, the Commission’s CEO Mr. Twalib Mbarak noted the milestones constitute good performance considering the challenging environment in which the Commission operates including, among others, budgetary constraints, and judicial forum shopping for court orders against EACC and other law enforcement agencies. He also mentioned politicization of the Commission’s work and lack of leadership commitment to accountability in state agencies and counties as part of what affects the Commission’s work. In his remarks during the launch, the Commission’s Chairperson, Dr. David Oginde said that the Commission will seek amendment to the relevant law to allow for public officers under investigation or charged with corruption or economic crimes to be barred from exercising powers of the office where they are likely to interfere with investigations. He also emphasized that the Commission will continue to engage relevant stakeholders in order to improve policy and legal framework aimed at curbing the corruption scourge. The Annual Report 2022/23 was prepared pursuant to the provisions of Article 254 (1) of the Constitution, and Section 45(1) of the Leadership and Integrity Act (LIA), No. 19 of 2012. The Report provides details of anti-corruption activities undertaken and achievements realized; information relating to the enforcement of ethics and compliance with the provisions of LIA; relevant statistical information; challenges encountered; and audited financial statements of the Commission. It is an accountability tool and will also be submitted to the National Assembly and to the President as required by law.
Kwale County officers trained on climate change governance
09:05:2024: EACC in collaboration with Financing Locally Led Climate Change Action (FLLoCA) have today conducted a Training of Trainers Sensitization Workshop for officers drawn from Climate Change Department of Kwale County. Held at ACK Guest House in Mombasa, the workshop focused on matters relating to corruption and climate change governance. The programme elaborated the correlation between corruption and climate, effects of corruption on climate change, promoting transparency and accountability in climate change actions, and upholding high ethical standards in ensuring integrity in climate change initiatives. The Trainers of Trainers are expected to cascade the sensitization to the Ward Climate Change Committees (WCCCs) and the respective planning committees so as to raise awareness and ensure good governance in implementation of climate change projects. The training serves as a crucial platform for promoting ethical standards, combating corruption, and fostering transparency and accountability in climate change initiatives. In his remarks at the workshop, EACC Assistant Director for Report Management Mr Alfred Mwachuga called for the collaboration between the EACC and Climate Change Department to ensure corruption free climate change interventions that will safeguard sustainable living. The CEC Environment, Natural Resources and Urban Planning for Kwale County, Ms. Saumu Beja Mahaja reiterated the Department’s commitment to working with all stakeholders in support of government efforts towards upholding ethical principles and combating corruption to ensure that climate action projects are conducted with integrity, efficiency, and effectiveness as required by the law. EACC in collaboration with FLLoCA Project Implementation Unit (PIU) under the National Treasury have organized sensitization and capacity-building workshops targeting Climate Change Units (CCU’s) in ten counties including Machakos, Kajiado, Laikipia, Taita Taveta, Nyeri, Nandi, Uasin Gishu, Trans-Nzoia, Elgeyo Marakwet and Kwale. The aim is to sensitize members of the CCU’s and the public on reporting corruption, ethics, integrity, and good governance. So far eight Counties have already been covered with only Nyeri and Laikipia Counties remaining.
Court declines Wa Iria’s stay application in his corruption case
9:05:2024 A High Court has declined former Murang’a Governor Mwangi Wa Iria’s application seeking to stay recently instituted corruption proceedings against him. The former Governor was arraigned on 25th April, 2024 where he pleaded not guilty to, among others, conspiracy to commit an offence of corruption. It is alleged that between October 21, 2014 and June 19, 2017, being the governor of Murang’a County, Mr. Wa Iria who is out on bond, together with nine other accused persons unlawfully contracted for the provisions of media services by Top Image Media Consultant Limited amounting to over Kes543million. Wa Iria’s counsel made an oral application for stay of proceedings in the Chief Magistrates’ Anti-Corruption Court where Mr. Wa Iria and co-accused are, in Case No. E012 of 2014, charged with various corruption offences. The matter came up for directions before Justice Prof. Nixon Sifuna, of the Anti-Corruption Division of the High Court. In declining the application, Justice Sifuna faulted Mr. Wa Iria’s advocate for altering Court documents without the Court’s permission. He struck out the petition and granted the petitioners leave to amend, file and serve it afresh. “I hold that this is a drastic action that will require a formal Application, formal responses, as well as submissions by all the parties, followed by a well-considered determination by this Court on merits,” he ruled. The matter shall be mentioned on 15th May, 2024 to confirm if the Amended Petition will have been filed and served as ordered, and to give further directions on responses and the hearing.