Deputy Speaker of Kiambu County Assembly arraigned on corruption charges
EACC has today arraigned the Deputy Speaker for Kiambu County Assembly on two counts of requesting, and receiving a bribe. Mr John Njue Njru, who is also the Member of County Assembly for Hospital Ward, pleaded not guilty to the two counts before Senior Magistrate M. J. Torome at Thika Law Courts. The Deputy Speaker, the Court was told, requested for a financial advantage of Kes130, 000 from Anna Nduta Wanjiru on 29th May 2023 at Africana Hotel in Thika Town with intent that in consequence, he would allow her to continue developing her plot. He, the Court heard, received the same amount from the complainant the following day at Community Hall in Thika Town. He denied both charges and was released on a cash bail of Kes500,000 or a bond of Kes1 million with surety of the same amount. The case will be mentioned on 17th July 2024.
EACC charges a P1 teacher with forgery of academic certificates
16:04:2024: EACC has today arraigned a primary school teacher on charges of forgery of academic certificates. Agnes Gatumwa Mburuku alias Priscilla Mwonjiru Mburuku pleaded not guilty to all the six charges relating to forgery of academic papers before Hon. Dr. Victor Wakumile of Anti-Corruption Court in Milimani. She was charged with one count of fraudulent acquisition of public property, three counts of deceiving principal, one of personation, and one of unlawful possession of an identity card belonging to any other person. The Court heard that between October 2010 and December 2020 in Meru County, Ms Mburuku fraudulently acquired public property amounting to Kes3,222,129 from Teachers Service Commission (TSC) having been employed as a primary school teacher. The Court was told that on 24th August 2010, Ms Mburuku gave the TSC false documents purporting that they belonged to her. They included a Primary Teacher’s Certificate, a Kenya Certificate of Secondary Education (KCSE), and an Identity Card all belonging to her sister, Priscilla Mwonjiru Mburuku, and that on diverse dates henceforth, she, with intent to defraud TSC, falsely represented herself as Priscilla Mwonjiru Mburuku. Investigations by EACC established that the accused had personated her sister by using her secondary school certificate to enroll for a Primary School Teachers Certificate Course (P1) at Meru Teacher’s Training College. She had subsequently sought and secured employment with the Teachers Service Commission. She denied all the charges and was released on a cash bail of Kes1 million or a bond of Kes3 million with a surety of a similar amount. The case will be mentioned on 2nd May 2024.
Dr Kibunja and co-accused plead not guilty to charges in payroll fraud at the National Museums of Kenya
16:04:2024: Former Director General of National Museums of Kenya, Dr Mzalendo Kibunja and his four co-accused in the ghost workers scandal at the institution have pleaded not guilty to the charges of embezzling Kes449,392,075 from the institution. Before Chief Magistrate Dr. Victor Wakumile at the Anti-Corruption Court, Dr Kibunja and Mr Stanvas Ongalo Opija, the man who replaced him in 2022 were arraigned on several charges of conspiracy to commit an offence of corruption, abuse of office, money laundering, acquisition of proceeds of crime, and financial misconduct. Mr Opija had also been the Director of Human Resources and Administration in the period between January 2016 and February 2022 when Dr Kibunja served as Director General. Also in the dock were accused number three, Oliver Okinyi Rabuor who served as Payroll ICT Officer, Wycliffe Odhiambo Ongata who served as the Payroll Accountant, and Oscar Mwaura, a private individual, as accused four and sixth respectively. The Court heard that the accused, between January 2016 and February 2022, embezzled Kes449,392,075, which they paid as salaries and gratuity to persons purportedly employed by the National Museums of Kenya. In the same period, the Court was told, Wycliffe Odhiambo Ongata, trading as Galmalink Enterprises, acquired Kes14,560,446 from Oscar Mwaura and Victor Owour while knowing that the money acquired from the National Museums of Kenya formed part of proceeds of crime. Trading as Florab Technical Services Ltd, Oliver Okinyi Rabuor acquired Kes5,002,500 and Oscar Mwaura, trading as Altcoms Enterprises got Kes24,510,000 while knowing that the money formed part of the proceeds of crime from salaries and gratuity fraudulently paid to persons not employed by the National Museums of Kenya. Stanvas Ongalo Opija, while serving as Ag. Director General of the National Museums of Kenya between February and June 2022 failed to comply with regulation 121 of the Public Finance Management Regulations 2015 by incurring wasteful expenditures of Kes49,885,476 as salary and gratuity paid to persons not employed by the National Museums of Kenya. Investigations into the embezzlement of Kes491 million involving senior officials of the National Museums of Kenya established that the institution had a total of 1,282 employees out of which, 105 were ghost workers employed between June 2016 and June 2022. They were placed in grade NM6 under three-year renewable contract and were paid a total of Kes491 million. Out of the average net income of Kes72,000 that a ghost worker received, it was discovered, he or she transferred back between Kes60,000 and Kes63,000 every month directly or indirectly to the four National Museums of Kenya officials. Wycliffe Ongata, the Payroll Accountant received Kes40,919,761 from the ghost workers. He also made cash deposits of Kes163 million into his M-pesa account. Mzalendo Kibunja made deposits of Kes67 million into his M-pesa account and also received Kes50,200 from the Payroll Accountant. Oliver Okinyi Rabuor, the Payroll ICT Officer received a total of Kes41,815,814 from the ghost workers and made a total deposit of Kes57,200,951 into his M-pesa account. Stanvas Ongalo, while acting as Director General and Director HR received Kes200,000 from Oliver Okinyi and Kes1,913,100 from Wycliffe Odhiambo. He also made cash deposits into his M-pesa account amounting to Kes31,857,172. Additionally, the ghost workers and National Museums of Kenya officials made false documents that were used to secure loans thereby exposing the institution and banks to further financial losses. Financial analysis of the bank statements and records indicate flow of funds as shown below; The five were released on cash bail of Kes5 million each or a bond of Kes10 million each with a surety of similar amount. The were asked to surrender there travel documents to court and to not interfere with prosecution witnesses. They will appear in Court on 2nd June 2024 when the matter will be mentioned.
In the imposition of punishment, concerned public service employer or the prescribed authority must exercise disciplinary control over a public officer per the prescribed constitutional, statutory, regulatory, and lawful policy safeguards
EACC to challenge reinstatement of Ketraco boss
10:04:2024: The Ethics and Anti-Corruption Commission is headed to the Court of Appeal to petition against a judgement of the High Court reinstating Eng. Anthony Tawayi Wamukota, the General Manager for Design and Construction at Kenya Electricity Transmission Company Limited (KETRACO). Eng. Wamukota is among six senior officers whose suspension Chief of Staff and Head of Public Service, Mr. Felix Kosgei ordered on 16th November 2023 for alleged involvement in corruption and procurement irregularities within their respective institutions. Mr Wamukota was suspended for alleged procurement irregularities related to the construction contract of the 400KV Loiyangalani Power Project. The directive for their suspension came from recommendations by EACC, which is investigating them. Other officers under investigations by the EACC and suspended together with Eng. Wamukota include Tanathi Water Works Development Agency CEO Eng. Fredrick Mwamati. He is under investigation for procurement irregularities in the award of a tender for the construction of a Leather Industrial Park Water Supply Project. Mr Stephen Ogenga, Director-General of the National Industrial Training Authority (NITA) who is under investigation for alleged procurement irregularities in the award of a tender for supplies. Mr Stanvas Ong’alo, the Ag. Director-General of the National Museums of Kenya, being investigated for alleged embezzlement of Kes490 million through irregular payments. Mr Benjamin Kai Chilumo, the CEO of Huduma Centre Secretariat being investigated for alleged corruption when he served in the County Government of Kilifi as Chief Finance Officer. Esther Wanjiru Chege, an accountant at the institution at Kenya Rural Roads Authority (KeRRA) under EACC radar for alleged conflict of interest and possession of unexplained wealth, and Peter Gitaa Koria, the CEO/GM of Bomas of Kenya, for alleged procurement irregularities in supplies for the institution. Eng. Wamukota moved to the Employment and Labour Relations Court on 5th July 2023 and asked the Court to, among others, declare his suspension irregular and illegal and hence null and void. He also asked the Court to direct KETRACO, the first respondent in his petition to unconditionally revoke his suspension, reinstate him and pay him any pending salaries allowances and benefits accrued to him while on suspension. In yesterday, 8th April 2024’s judgement, the Court agreed with nearly all the petitioner’s prayers. Essentially, the Court declared Eng. Wamukota’s suspension illegal and therefore null and void, revoked his suspension and ordered for his reinstatement and resumption of duty. It also ordered KETRACO to pay him any pending salaries, allowances and benefits accrued to him while on suspension. The suspension of Eng. Wamukota and the other five senior officials of the various Government institutions was crucial in safeguarding the integrity of the ongoing investigations. His reinstatement could set a precedent in the remaining five cases and beyond. This has the potential to impede the nation’s ongoing battle against corruption.
Rongo University students initiate anti-corruption programmes
04:04:2024: Rongo University students have broken with tradition and initiated anti-corruption billboard installation in the university. Members of the University’s Integrity Club produced two billboards on anti-corruption and, through their Vice Chancellor, Prof. Samuel Gudu invited the Ethics and Anti-Corruption Commission for the inaugural installation on 22nd March 2024. Ordinarily, and for a long time, the establishment of anti-corruption programmes in public institutions has been championed by chief executives. Mounting of anti-corruption billboards and signage, for instance, is an idea that has generally been mooted by institutions’ management. The billboards aimed at rebuking occurrence of bribery, which is the most common form of corruption in Kenya. The students are, however, determined to narrow down to bill-boards of academic-related corruption such as cheating in examinations and missing of lessons by students, among other moral deficits. The inaugural installation was presided over by EACC’s Senior Education Officer, Mr John Agar together with the University’s Deputy Vice Chancellor, Administration, Finance and Planning, Prof. Daniel Tarus, the Integrity Club Patron, Prof. Wilson A. P. Otengah and the Integrity Club Chairperson, Ms. Kazira Kimberly. Public institutions are mandated and obliged to domesticate the fight against corruption by among others, setting up robust internal corruption prevention initiatives and programmes. Even with the introduction of County Governments, all devolved functions are expected to embrace anti-corruption as their watchword and lifestyle.
Former REREC boss in the dock for fake papers
04:04:2024: EACC has charged a former General Manager, Finance and ICT at Rural Electrification and Renewal Energy Corporation (REREC) on forgery of academic certificates. Noah Oketch Oluoch was arrested and arraigned yesterday before Senior Principal Magistrate Hon. Thomas Nzioki of the Anti-Corruption Court at Milimani in Nairobi. He pleaded not guilty to all three charges including fraudulent acquisition of public property, forgery, and uttering a false document. The Court heard that on an unknown date and place within the Republic of Kenya, Mr. Oluoch forged a Master of Business Administration Degree Certificate No. 0217 in the Name of Noah Oluoch Oketch purporting it to be a genuine document issued to him by the University of Nairobi, a fact he knew to be false. The Court was also told that Mr Oluoch, with intent to deceive, knowingly and fraudulently uttered the same certificate on 23rd March 2021 to CPA Peter Mbugua, the Chief Executive Officer at the Rural Electrification and Renewable Energy Corporation. Consequently, the Court was told, Mr. Oluoch acquired public property in terms of salary and allowances amounting to Kes1,455,066 from REREC between 1st April to 31st August 2022 having been employed as General Manager, Finance and ICT using a forged degree certificate. He was released on a Kes1 million bond with a surety of a similar amount or Kes500,000 cash bail in the alternative. He was asked to deposit his travel documents with the Court in seven days and restricted from travelling out of the country without the Court’s leave. He will appear before Court for mention in two weeks, on 17th April. In the same Court, the Commission also arraigned Philip Mutua Kilonzo on bribery charges. Mr Kilonzo faced three charges, two on receiving a bribe and one on obtaining money by false pretences. The Court heard that on 4th October 2020 at Afro Sayari Hotel along the Eastern bypass within Nairobi County together with others not before court, Mr Kilonzo asked for a bribe of Kes2.9 million from three officials of United African Evangelical Ministries and an official of Grace Children’s Home with intent that in consequence, he would influence the writing off of alleged tax due to Kenya Revenue Authority by Grace Children’s Home. On 1st October 2020 within Busia County, the Court was told, he unlawfully obtained Kes20,000 from one of the officials of United African Evangelical Ministries purporting it to be travelling expenses from Busia to KRA offices in Nairobi intending to resolve a tax dispute between KRA and Grace Children’s Home, a fact he knew to be false. He pleaded not guilty to all the charges and was given a bond of Kes1 million with a similar surety or Kes700,000 cash bail in the alternative. He was restricted from travelling out of the country without the Court’s leave. He was also asked to surrender his travel documents to the Court in 14 days, during the mention for pre-trial conference on 17th April.
EACC to recover Kes7.2m fraudulently obtained by former senior employees of Isiolo County Government
03:04:2024 The Commission has sought recovery orders in the High Court at Nairobi against a private limited company, its director and his partner, and 10 former senior officers of the County Government of Isiolo in regards to Kes7.22 million embezzled from the County in 2014. The Commission wants the Court to declare as proceeds of corruption the money which was embezzled through a supply scheme. It has also asked the Court to order the defendants to, jointly and severally pay back the money in full plus interest from the date of filing of the suit. A substantial amount of the loot, Kes5.157 million is frozen in a joint account of Bonaya Dida Bonya, the director of Fish Nets Enterprises Ltd and his partner, Qabale Wario Halake at a Cooperative Bank account. The Commission wants the same and any further sums therein applied towards settlement of the judgment and decree of the Court. Investigations by the Commission revealed that Wario Boru Halake, charged as the fourth accused and at the material time serving as the Chief Officer, Office of the Governor, issued a requisition to Giro Liban, the 13th accused person and at the material time the Chief Officer, Finance seeking the procurement of 300 bags of rice, 250 bags of sugar, 400 bags of maize flour, 485 bags of wheat flour, and 300 20ltr cans of cooking oil. The 10th September 2014 requisition led to the payment of Kes7,220,000 to Fish Net Enterprises, charged as the 1st accused. The payment, investigations unearthed, were made based on forged letters purporting to be genuine letters written by the MCA and Ward Administrator for Cherab Ward. No procurement process was, however, commenced by the County Government in relation to the requisitioned items. Between 22nd October and 10th December of the same year, Guyo Adi, the fifth accused and at the material time serving as a Personal Assistant in the Office of the Governor issued irregular instructions to Fish Nets Enterprises Ltd that styled itself as Ganale Wholesale to issue out various food items to unnamed persons. This committed the County Government to financial liability on whose strength Fish Nets Enterprises Ltd issued delivery notes and invoices amounting to Kes7,220,000. The invoices and delivery notes, investigations revealed, were neither backed by any prior local purchase orders (LPO) nor were they preceded by any procurement processes by the County Government of Isiolo. Mutea John Kiunga, the 12th accused and serving at the material time as Chief Officer in the Governor’s Office unlawfully instructed Mr. Liban on 19 May 2017 to process payments in favour of Fish Nets Enterprises Ltd for the alleged supply of goods. Mr. Liban immediately approved the request and authorised the payments. On about the same date, Elijah Kiarie Nduati, the 7th defendant serving as procurement officer in the Office of the Governor, prepared LPO in favour of Fish Nets Enterprises Ltd for Kes3,611,000 and Kes3,609,000. Christopher Kimani, Zainab Tache Guyo, Guyo Buke Suku and Hawo Galgalo Kanato, serving at the material time as clerical officer in charge of stores at the County Treasury, a licensing officer, secretary, and Computer Programmer and ICT Officer, Office of the Governor respectively fraudulently signed inspection and acceptance forms relating to the two LPOs. They backdated them to 23rd November 2016 and purported to have inspected and accepted the goods. Christopher Kimani also fraudulently prepared and issued two undated counter receipt vouchers to correspond with the two LPOs and purported to acknowledge that the County Government had received goods from Fish Net Enterprises Ltd. Mr. Kiunga, the Chief Officer, Governor’s Office, being the accounting officer executed payment vouchers and on diverse dates between February and August 2020, the County Government of Isiolo made payments of Kes7.22 million in three instalments to Fish Nets Enterprises bank account at Cooperative Bank Ltd. Investigations also established that Fish Nets Enterprises Ltd transferred Kes2.03 million through various cheques to Bonaya Dida Bonya, the 2nd accused and at material time the company’s director. Fish Nets Enterprises also moved Kes5.187 million on 18th August 2020 to Cooperative Bank Account Number 01109437125000 jointly held by Mr. Bonya and Qabale Wario Halake, the 3rd accused. EACC has argued that the defendants jointly and severally conspired and breached procurement laws with the intention of facilitating a fraud, and that the sum of Kes7.22 million was paid by the County Government of Isiolo as a result of corrupt practice and is recoverable as proceeds of corruption.
EACC feted for inclusivity for the third time running
26:03:2024: The Ethics and Anti-Corruption Commission (EACC) has been awarded first runner-up in the category of best Constitutional Commissions and Independent Offices on diversity, equity, inclusion, and belonging (DEIB) and sustainability at the recently concluded sixth edition of the National Diversity and Inclusion Awards & Recognition (DIAR) This is the third time in a row that the Commission is being recognized and feted in the DIAR awards, DEIB category. In 2022, EACC scoped 1st runner-up position and, last year the Commission won the second runner-up slot. The DIAR Awards gala ceremony, held in Nairobi at The Sarit Centre 22nd of March had EACC compete with other Constitutional Commissions and Independent Offices. The category was won by the Commission on Administrative Justice (CAJ). Initiated by Daima Trust in 2018, DIAR Awards has contributed significantly to inclusive growth and sustainable development in Kenya. Selection is based a national baseline survey that considers organisations’ ethnic and gender distribution and the extent of inclusion of the maginalised and those abled differently. The awards continue to highlight leading initiatives that anchor sustainable development, build resilient communities, and uncover potential opportunities that can ignite positive growth for individuals and organizations to lead large-scale transformation. EACC Takes pride in being part of the awards ceremony that celebrates the power of unity and collaboration to create a more just, equitable, and inclusive society for all. This recognition encourages the Commission’s staff to continue striving for excellence and making positive transformation.