A Chief is charged in Malindi for receiving a bribe
8:05:2024: A Senior Assistant Chief in Malindi Town who was arrested on 6th of May, 2024 for receiving a bribe has been charged. Before Chief Magistrate Hon. James Mwaniki of Anti-Corruption Court in Malindi, Mr. Nicodemus Ndundi Mwayele of Shella Sub-Location in Malindi was charged with three counts of receiving a bribe and one of abuse of office. The Court heard that Mr. Mwayele demanded for a bribe of Kes20,000 and received Kes15, 000 in September 2019 so as to mediate a case of trespass over a piece of land in Muyeye Trading Centre within Malindi Town. A complaint was made to EACC on 27th September of the same year and upon completion of investigations and consent to charge from the Director of Public Prosecutions, Mr. Muyele was arrested on 6th this month. His arraignment on the day he was arrested hit a hitch when the Court in which he was presented lacked jurisdiction. He was released on an existing police bond. He was charged today before Hon. Mwaniki where he pleaded not guilty to all the four counts. The Court released him on a bond of Kes400,000 or a cash bail of Kes200,000. The matter will be heard on 6th May, 2024.
Ol Kalou NG-CDF fraud suspects take plea in a Nyahururu Anti-Corruption Court
8:05:2024: The Ethics and Anti-Corruption Commission (EACC) has today arraigned 9 suspects before Senior Principal Magistrate Hon. Stephen Mogute of the Anti-Corruption Court in Nyahururu in relation to suspected embezzlement of Kes55,833,650 from the Ol Kalou NG-CDF. The nine, including the fund’s chair, John Kimani; and account manager, Ludovick Gachara have pleaded not guilty to 16 counts of anti-corruption and economic crimes related offences. The others include proprietors of the seven private companies that were involved in the conspiracy to defraud the Ol Kalou NG-CDF. They are director of Spenroh International Ltd, Jerush Wambui; director of Rodney Enterprises Ltd, Samuel Gachuki; proprietor Sadell Enterprises, Peter Mwangi; proprietor of Design Jet Copiers, Charles Ndung’u; proprietors of Wheel Safety Enterprises, Janerose Wachira and Titus Kariuki; and director of Laurenzo Enterprises, Dominic Mulwa. They were charged in count 1 with conspiracy to commit an offence of corruption. The Court heard that on diverse dates between May 28th and June 18th 2014 the accused conspired to facilitate the transfer of Kes55,833,650 from the Ol Kalou Road Project Committee bank account No. 062026239391 at Equity Bank Ol Kalou ostensibly for implementation of road works in the constituency, which did not take place. The three officials of the fund; Kimani, kariuki and Gachara were also charged exclusively with willful failure to comply with the law relating to management of funds, and abuse of office. All the accused were also charged with various counts of fraudulent acquisition of public property. The nine who were arraigned today pleaded not guilty to all the charges and were released on a cash bail of Kes2 million each or a Kes5 million with a surety of a similar amount in the alternative. Court will reconvene on 23rd of May 2024 for the first mention. Accused number two, Simon Kariuki who is also a member of the fund committee is indisposed on medical grounds and did not, therefore, plead to the charges.
Kenya gets the Vice Presidency of the Eastern Africa Association of Anti-Corruption Authorities
Kenya has been appointed Vice-President of the Eastern Africa Association of Anti-Corruption Authorities (EAAACA) Executive Committee. The appointment was made during the 15th Annual General Meeting of the Association, which took place in Addis Ababa, Ethiopia from 2nd to 3rd May, 2024. Kenya will serve in the position for the next two years. The Eastern Africa Association of Anti-Corruption Authorities is the umbrella Association of Anti-Corruption Institutions of East African Community Countries and was formed on 8th September 2007 inKampala, Ugandawhen the heads of the defunct Kenya Anti-Corruption Commission [now Ethics and Anti-Corruption Commission (EACC)], the Prevention and Combating Corruption Bureau of Tanzania and the Inspectorate of Government of Uganda signed the Kampala Declaration of EAAACA, to provide a platform for, among others, mutual assistance in training, detection, investigation, prosecution and exchange of information, intelligence, experiences and good practices aimed at combating corruption in all its manifestations. The Association was thereafter launched in Nairobi, Kenya on 9th November 2007 when the EAAACA Constitution was signed. Later, the Office of the Ombudsman of Rwanda, the Special Brigade of Anti-Corruption Commission of Burundi, the Federal Ethics Anti-Corruption Commission (FEACC) of Ethiopia, the Inspection General of the State of Djibouti and the South Sudan Anti-Corruption Commission, (SSACC) joined the Association. This year’s meeting brought together heads of anti-corruption agencies from Kenya, Uganda, Rwanda, Ethiopia, Tanzania, Djibouti, South Sudan as well as representatives from Burundi and the head of the agency in Somalia, which attended in an Observer position. The meeting was held to discuss the modalities of strengthening regional cooperation in the fight against corruption through sharing experiences and best practices. Mr. Jackson Mue, EACC’s Director of Field Services and Coordination led the Commission’s delegation. On Thursday, 2nd May 2024, Mr. Mue made a presentation on coordination, collaboration and cooperation in asset recovery and the fight against corruption, which was also the theme of the conference. As a regional model in the recovery of unexplained wealth and corruptly acquired assets, EACC continues to share its experiences and best practices with other countries.
Keynote address by former Chief Justice Hon. Maraga during the anti-corruption workshop for media practitioners at Safari Park Hotel, Nairobi
Keynote address by former CJ Hon. Maraga during the anti-corruption workshop for media practitioners at Safari Park Hotel, Nairobi
29:05:2024: Chairperson, EACC, Bishop David Oginde; Twalib Mbarak, MGH, CBS; Secretary/Chief Executive Officer Mr. David Omwoyo Omwoyo, MBS; Chief Executive Officer of the Media Council of Kenya (MCK) Representative of the United Nations Office on Drugs and Crime (UNODC), Madam Jennifer Githu; Senior Officials from EACC and the Media; Distinguished participants; Ladies and Gentlemen. Good morning, I am delighted to join you this morning in this 3rd EACC-UNODC Workshop for Media Practitioners in Kenya. Thank you Dr. Oginde for the honour and privilege of the invite to come and open this workshop. When I received the invitation, it brought back fond memories of my interactions with the media when I served as the Chief Justice of this great Republic. I worked very well with the media. I am delighted to see that EACC is still working closely with UNODC in the fight against corruption. When I served as Chief Justice, UNODC provided invaluable assistance to the Judiciary. Besides sponsoring many capacity building workshops and seminars in and out of the country, UNODC partnered with the Judiciary in many justice sector activities such as strengthening of court administration systems, entrenching of judicial integrity and improvement of judicial governance. Madam Kagwi, please pass my best wishes to the UNODC leadership. Ladies and gentlemen, The theme of this workshop is the Role of the Media in the Fight Against Corruption in Kenya.Corruption still remains a major problem world over and is acknowledged as a major impediment to good governance and the social, economic, political and cultural well-being of the people for whom governments ordinarily exist. While the vice is a global challenge, in African countries, corruption is deeply embedded in the body public and has permeated all sectors of the economy. Here in Kenya, we have unfortunately allowed it to be institutionalized and internalized as a way of life. Corruption is a disease that cripples our society and hinders development. It siphons resources that should be used for essential services like health, education, and infrastructure, denying citizens the basic needs they deserve. It corrodes democratic institutions, undermines the rule of law, discourages investment and aid, and promotes inequality. Corruption erodes the public’s trust in government and disenfranchises large segments of our society. In Kenya, the vice has, sadly, defined almost every aspect of the Kenyan society, despite the numerous efforts made to tame it. Corruption has permeated and found home in our education system; healthcare; infrastructural development; job creation; environment; foreign investment; and economy, all of which are important aspects of national prosperity. It is lack of integrity in the Kenyan society that has led to this widespread corruption and unethical behaviour in the public sector. Ladies and gentlemen, In 2010, the people of Kenya, fed up with decades of corruption and poor governance, enacted a new Constitution with a whole Chapter dedicated to leadership and integrity. In doing so, Kenyans hoped to reverse the culture of corruption and impunity, clean up their politics and see to it that only men and women who meet the integrity threshold occupy public office. In particular, the objective of Chapter Six of the Constitution was to insulate public trust from abuse by ensuring that persons appointed or elected to public office meet the prescribed moral, ethical and integrity requirements. Sadly, however, nearly 14 years later, Kenyans are yet to realize the ideal values embedded in the integrity Chapter as they have largely been honoured in breach. The integrity suitability requirements for public office have hardly been enforced. This is because impunity in public service is merely a reflection of a larger societal moral decadence. Values of honesty, fairness, equity, patriotism and generally what could be described as national consciousness are lacking in our motherland. This state of affairs calls for decisive and effective mechanisms for enforcing the standard of integrity under Chapter Six of the Constitution. As a nation, we cannot bury our heads in the sand and ignore this unfortunate situation. We must join hands and take resolute action to rid our country of this menace. Ladies and gentlemen, Today, many officials in public leadership use their official authority to advance the private interests of their families, friends, and associates or those of sectarian groups such as political, tribal, religious, or other groups. These interests include access to Government contracts, job opportunities, protection from legal consequences attendant to violation of laws such as non-payment of taxes, and outright diversion or embezzlement of public funds. In my view, corruption remains the biggest obstacle in the decades of search for national prosperity since independence. No nation can prosper without ethical and accountable leadership. Public leaders who adhere to moral principles are more likely to make decisions that prioritize the common good over personal interests. They are accountable to their citizens, maintain transparency in their actions, and work towards reducing corruption. Ethical governance not only ensures that resources are allocated efficiently but also builds public confidence in the government’s ability to foster development. Ladies and gentlemen, Kenya is currently witnessing rampant cases of forgery of academic certificates. In some cases, there are Universities accused of fraudulently selling academic transcripts and degree certificates to individuals who never set foot in any classroom, in exchange for money. Given the danger that these malpractices pose to Kenya’s education system, there is need for the Government to establish a mechanism, including a Commission of Inquiry if need be, to inquire into the root causes of this menace and how it should be effectively addressed. Despite these vices, Kenyans have over the years demonstrated a tendency of not caring much about the integrity of persons entrusted with public office. Although citizens may largely hate corruption and its consequences, they are guilty of embracing, defending and standing in solidarity with those accused of embezzling their resources. There is, therefore, need for Kenyans to recognize their role in the governance process and demand accountability from their leaders. For this to be effective, Kenyans should desist from the culture of glorifying corrupt leaders, pursuing
EACC takes part in the sponsorship of Kenya National Drama Festival 2024
23:04:2024: The Commission sponsored purchase of seven trophies for winning institutions and participated as a theme sponsor of the anti-corruption category in this year’s Kenya National Drama and Film Festival held in Embu County from April 8th to 18th. Organised by the Ministry of Education, the festival’s main theme was ‘Unlocking opportunities for socio-economic transformation through drama and film‘. It entailed competitions in various genres including plays, narratives, choral verses and film, which began at the sub-county level, regional and culminated at the national level. EACC is mandated under Section 11(1) and 13(2) of the EACC Act 2011 to educate and create awareness on any matter within the Commission’s mandate. The Commission has a partnership and collaboration with the Ministry of Education aimed at promoting integrity and developing capacity of institutions of learning in ethics, anticorruption and integrity. Throughout the entire period of the national festival, the Commission sensitized learners, teachers and the general public on integrity and anti-corruption. The festival was a valuable opportunity for the youth to nurture their talents and eventually contribute towards the social economic development. The sponsorship of the anti-corruption category enabled the Commission to involve the youth in the production of integrity and anti-corruption content through performing arts, thereby contributing towards an integrity driven Kenyan Society.
The suspension of the applicant, being disciplinary in nature, ought to have been initiated by the Board before the action taken by the Cabinet Secretary
Court reinstates suspended CEO of Bomas of Kenya
18:04:2024: Employment and Labour Relations Court has reinstated the Chief Executive Officer of Bomas of Kenya, Peter Gitaa Koria, who had been on a 12-month suspension pending conclusion of investigations into procurement irregularities in supplies for the institution. Mr. Koria is among six senior officers whose suspension Chief of Staff and Head of Public Service, Mr. Felix Kosgei ordered, on the recommendation of EACC, on 16th November 2023 for alleged involvement in corruption and procurement irregularities within their respective institutions. Justice Mathews Nderi Nduma of the Employment and Labour Relations Court has granted Mr Koria mandatory injunction directing the Cabinet Secretary, Ministry of Gender, Culture, Arts and Heritage and Chairperson, Board of Bomas of Kenya to unconditionally lift his suspension from employment and immediately reinstate him, pending the hearing and determination of his petition. This comes hot on the heals of the reinstatement by the Courts a week ago, in similar circumstances, of Kenya Electricity Transmission Company Ltd (KETRAC) General Manager for Design and Construction, Eng. Anthony Tawayi Wamukota. Mr. Wamukota’s reinstatement raised fear that it would open the floodgates for similar rulings, which would defeat the war on corruption. True to it, a second reinstatement has followed in a span of a week. The anti-corruption legal regime favours suspension from public office of suspects of corruption, more so in higher offices so as to safeguard the integrity of investigations.
Adhere to professional code of conduct: EACC to accountants
18:04:2024: The Ethics and Anti-Corruption Commission has asked members of the Institute of Certified Public Accountants (ICPAK) not to open themselves up to be used as conduits for corruption, or to assist in corrupt schemes. This was said by Director, Ethics and Leadership, FCPA John Lolkoloi at a Practical and Ethics Compliance training for the professional members of ICPAK in Mombasa on 12th April 2024. In a presentation done on his behalf by Christine Mweu, an investigations officer, Mr Lolkoloi called upon the accountants to adhere to professional ethics including integrity, objectivity, professional competence and due care. The Director called on professional bodies to take disciplinary action against members who breach codes of ethics or engage in corruption adding that as experts, they should support law enforcement agencies. Practical Ethics and Compliance training is one of the mandatory trainings for practicing certificate consideration for accountants. This year’s training was themed, Ethical considerations for the professional accountants. Director Lolkoloi’s presentation zeroed in on the role of EACC in mitigating fraud, and ethical conduct enhancement. He singled out public procurement and public finance as the most corruption prone areas. For public procurement, he said, engaging in projects without planning, kickbacks, conflict of interest, bid rigging, exploitative terms of contract, and supply of substandard goods were the most common ills. False invoices, overpayments, ineffective planning and implementation of budget, payroll maladministration, illegal allowances, misappropriation of funds, and poor asset management took Centre stage in public finance. To prevent corruption, Mr Lolkoloi recommended continuous systems reviews and Corruption Risk Assessment targeting Ministries, Departments and Agencies (MDAs) and County Governments, and advisories given on corruption prevention under the performance contracting framework; Integrity Suitability Verification for candidates seeking public appointments; and ooversight over development, implementation and enforcement of Codes of Conduct and Ethicsacross public service. He also recommended regulation of bank accounts held by public officers outside Kenya through approvals and processing annual bank statements by account holders; oversight over wealth declaration by all state and public officers; and continuous training, education and awareness programs targeting the public, public entities, private sector, learning institutions and general citizens.
EACC arrests two Nairobi City County officers for bribery
17:04:2024: EACC has today arrested two officers of the Nairobi City County for asking and receiving a bribe. Jazzy Kemunto Osoro, Embakasi East Sub-County Administrator, and Absalom Peter Ochieng Ayany, a Compliance and Enforcement Officer were nabbed in varied locations in the City and taken to the Commission’s Police Station at Integrity Centre for processing and arraignment. A complaint was made to the Commission on 15th this month that the two demanded for a bribe of Kes300,000, and received part of it to facilitate the complainant to put up a container on a road reserve near the complainant’s plot in Embakasi area. Investigations established that the two had asked Kes300,000 as facilitation fee on 11th March of this year. After negotiations, they agreed to take Kes100,000 as advance payment, which would also earn the complainant an authorization letter. On the same day, the complainant sent the money to the compliance officer via M-pesa in two batches of Kes51,000 and Kes49,000. The complainant later sent to the same officer via M-pesa additional Kes60,000. He was issued with a receipt of Kes40,000 dated 12th March 2024. The Complainant erected a container on the road reserve on the same day. On 13h March, however, hardly a day after the complainant had put up the container, Jazzy Kemunto, the Ward Administrator ordered him to remove the container or pay additional Kes140,000. The Complainant, not being able to comply, was forced to relocate the container. The following day, the Compliance Officer called the compliant asking to be added Kes10,000 for the authorization letter. It is at this point that the complainant became suspicious of the integrity of the two and reported to EACC. In just a span of 4 days, the two public officers had swindled the complainant a total of Kes160,000, even as they ensured that the container was not erected on the road reserve. On 15th April 2024, investigators asked the complainant to revive negotiations with the two. Mr. Ayany, the Compliance Officer insisted on being sent the Kes10,000 through M-pesa. The complainant complied. Mr Ayany later issued the authorization letter dated 16th March 2024 with a receipt for Kes40, 000. A QR code scan however revealed the receipt was for Kes4,000, confirming that the receipt was a forgery. The two will be arraigned tomorrow on two charges of asking for a bribe of Kes300,000 and receiving a bribe of Kes170,000.