EACC arraigns City County of Nairobi employee for forgery of academic certificate
18:10:2024: A City County of Nairobi ICT Assistant has pleaded not guilty to charges relating to the forgery of academic certificates. Arraigned by the Ethics and Anti-Corruption Commission (EACC) before Principal Magistrate Isabella Barasa at Milimani Law Courts, Lawrence Barasa Masinde was charged in the first count with fraudulent acquisition of public property. The Court was told that between August 2016 and November 2023, while employed by the Nairobi City Water and Sewerage Company Ltd as an ICT Assistant, he acquired Kes7,173.963 in salaries based on a Diploma Certificate in Information Technology allegedly awarded by the Eldoret National Polytechnic on 13/09/2010, a fact he knew to be false. In count two, Mr. Masinde was charged with forgery. The Court heard that he forged the certificate on an unknown date with intent to deceive. He was also charged in count three with uttering a false document on or about October 7, 2016. In count four, he was charged with deceiving the principal. The Court heard that on or about October 7, 2016, as a public officer employed at the Nairobi City and Sewerage Company as an ICT Assistant, he knowingly and intentionally deceived his principal by stating that he was a holder of a professional qualification, a Diploma from the Eldoret Polytechnic. The Court was told that the accused upgraded the Personnel Record Form with the details, which he knew to be falls. He pleaded not guilty to the four counts and was released on a cash bail of Kes200,000 or a bond of Kes1 million with a surety of a similar amount. The matter will be mentioned on November 14, 2024, before Hon. Charles Ondieki.
Former IEBC Manager for Boundaries and Delimitation arraigned on forgery of academic certificates
14:10:2024: The Ethics and Anti-Corruption Commission (EACC) arraigned a former senior official of the Independent Electoral and Boundaries Commission (IEBC) this morning on charges of forgery of academic certificates. Ms. Caroline Sabiri Manyange, former Manager for Boundaries Delimitation at IEBC, forged her academic certificates and used the same on April 4, 2012, to secure employment at the electoral body. She was arrested at her home in Nairobi West and escorted to EACC’s Integrity Centre Police Station for processing after the Director of Public Prosecutions (DPP) concurred with EACC’s recommendations that she be charged with offences of forgery and uttering a false document. Later, she was arraigned before Hon. Isabella Baraza at the Milimani Anti-Corruption Court, where she pleaded not guilty to all five counts. Investigations established that Caroline Sabiri Manyange forged a Master of Arts (Population Studies) degree certificate purporting it to be a genuine certificate awarded by the University of Nairobi on 9th May 2004 and subsequently used the same to obtain a promotion at IEBC thereby earning a cumulative salary and benefits amounting to over Kes37 million, which constitutes fraudulent acquisition of public property. The Court heard today in count one on forgery that on an unknown date and place within Kenya, with intent to deceive, Ms Manyange forged a Master of Arts (Population Studies) degree certificate number 3401 in the name of Caroline Sabiri Manyage purporting it to be a genuine certificate issued to her by the University of Nairobi at a congregation held on May 9, 2004, a fact she knew to be false. In count two on uttering false document, the Court was told that on or about April 4, 2012 at IEBC offices in Nairobi, Ms. Manyange knowingly and fraudulently uttered the false certificate to the Human Resources and Administration Committee when they were conducting a suitability test for the position of Manager Delimitation of Boundaries and purported it to be a genuine document issued to her by the University of Nairobi at a congregation held on May 9, 2004. In count three, also on the charge of uttering a false document, the Court was told that on December 5, 2023, at EACC offices in Nairobi, Ms Manyange knowingly and fraudulently uttered the false certificate when she attached it to her self-declaration form while seeking clearance for purposes of employment, which information she knew to be false. She was charged in count four with giving false information to a person employed in public service. The Court heard that on May 6, 2024 at the Nyayo Police Station in Nairobi, she knowingly and fraudulently gave false information to the Officer in Charge of the Police Post by filing a complaint report for loss of a University College Certificate. Lastly, on charge five, also on giving false information, the Court was told that on May 8, 2024, at the University of Nairobi, she knowingly and fraudulently gave false information to the Deputy Registrar Examinations of the University of Nairobi by stating in her letter of application for a letter in lieu of a lost certificate that she held a Master in Population Studies obtained in 2003 from the same university. She pleaded not guilty to all five counts and was released on a cash bail of Kes200,000 or a bond of Kes1 million with a surety of a similar amount. The matter will be mentioned on October 28, 2024. Commenting on the matter, EACC Spokesperson Eric Ngumbi said that further to the criminal prosecution, EACC will proceed to file civil proceedings to recover all the salaries and benefits amounting to over Kes37 million earned by the accused person based on fake academic qualifications.
Suspected criminals arrested in Mombasa over extortion plead not guilty to charges
11:10:2024: Two suspected criminals arrested by the Ethics and Anti-Corruption Commission (EACC) in Mombasa on Tuesday, 8th October 2024, for raiding and extorting shop owners while accompanied by police officers have pleaded not guilty to impersonation charges at Mombasa law courts today. Investigations established that Tabitha Wangeci Kwena and Wycliffe Nyamanya are part of a five-member gang of fraudsters working for a private entity called Multi-Works and Rights. The private entity has falsely styled itself as a law enforcement body with powers to enforce consumer protection laws. It has also duped the National Police Service into assigning its members uniformed police officers whenever they conducted illegal raids and arrests during fake crackdowns on shops, supermarkets, and other business premises for counterfeit goods. The Kenya Bureau of Standards and the Anti-Counterfeit Agency have issued several public notices warning Kenyans against falling victim to the operations of fake and fraudulent agencies. Before raiding businesses in Mombasa, the suspects reportedly engaged in similar illegal activities in Kakamega, Kisumu, Meru, and Voi. In duping the police into assigning armed officers to escort them during shop raids across the country, the suspected criminals rely on a Notice published by the fake agency in the Kenya Gazette assigning itself powers and authority to enforce consumer protection laws. Multi-Works and Rights is comprised of ordinary private citizens and is run by Edward Olang, the suspected mastermind and national coordinator of the fraudulent scheme. EACC arrested the suspects upon receiving complaints that five suspicious individuals accompanied by uniformed police officers were inspecting goods in shops in the Bamburi area, where they arrested, detained, and extorted shop owners for allegedly stocking expired goods. They detained their unsuspecting victims at Kadzandani Police Station and demanded bribes ranging between Kes20,000 and Kes50,000 before they could release them. They were arraigned today for impersonation before Hon. Odhiambo where they pleaded not guilty. The Court released them on a bond of Kes100,000 or cash bail of Kes200,000. The case will be mentioned on October 29, 2024
Stop using professional expertise to facilitate theft of public funds; EACC urges professionals
11:10:2024: The Ethics and Anti-Corruption Commission (EACC) has called upon Accountants, Lawyers, and other professionals in the country to refrain from using their respective professional competencies to facilitate theft of public funds. In his keynote address during the official launch of the Institute of Certified Public Accountants of Kenya (ICPAK) Annual Governance & Ethics Conference, which is taking place in Mombasa, EACC Director of Ethics and Leadership, FCPA John Lolkoloi, revealed that no significant scandal involving theft of public funds has ever occurred in the country without the direct involvement of professionals, especially Accountants and Lawyers. He challenged the participants to use their professional expertise to advance the public good instead of enabling actions that are inimical to society’s well-being. Noting the critical role of Accountants in managing public funds, Mr. Lolkoloi urged them to cease processing fraudulent payments and instead report suspicious transactions to Authorities. “Do not be conduits for proceeds of corruption or assist in perpetuating corrupt schemes,” said the EACC Ethics Director. Acknowledging the prevalence of fake academic certificates in the Public Service, Lolkoloi revealed that EACC has since directed all public institutions in Kenya to authenticate academic and professional certificates of persons being considered for employment. So far, over 2000 public officers have been alleged to have fake academic certificates, and remedial actions have been taken at different stages of law enforcement. In addition to prosecuting academic cheats criminally, EACC will continue to file civil suits to recover all salaries and benefits earned based on fake qualifications. The five-day conference concludes today. EACC’s Chairperson, Dr David Oginde, will give keynote closing remarks on upholding integrity and accountability in a dynamic world.
In forfeiture proceedings, the point of reference is when the subject acquired the tainted property. Hence it shall not be helpful for a person who subsequently acquired the property from the subject to wave a certificate of title to the property.
A bank to which a suspected or tainted property was or is charged for a loan cannot discharge the property from anti-corruption proceedings or preservation orders – High Court in EACC Vs. Nicholas Owino Ochiel and 4 others – Case No. E24 of 2022 (O.S)
EACC hosts Ethics and Integrity Training for Internal Auditors
26:09:2024: Internal auditors are the latest beneficiaries of the ethics and integrity training. Organised by the Ethics and Anti-Corruption Commission (EACC), in collaboration with the Institute of Internal Auditors Kenya (IIAK) and the Office of the Internal Auditor General, the program aims to bolster the fight against corruption within the public service. The training directly responds to the EACC’s 2023 National Survey on Corruption and Ethics findings, which highlighted widespread corruption and unethical practices in the civil service. The initiative seeks to empower internal auditors with the necessary skills to detect and prevent fraud, evaluate internal controls, monitor compliance, and enhance program performance audits. Speaking at the training at Machakos University in Machakos County, IIAK CEO Dr Joyce Omina urged internal auditors to support the program and emphasized their role as the first line of defence in the fight against corruption. “Our collaboration with the EACC is designed to integrate ethics, integrity, and anti-corruption measures into the profession. We trust that all internal auditors will back this initiative and gain valuable insights from the training,” she said. EACC Deputy Director of Education and Public Awareness Dr Emily Mworia emphasized internal auditors’ critical role in promoting good governance and safeguarding public resources by addressing corruption risks through ethics and integrity training. She commended the leadership of IIAK and the Internal Auditor General for organizing the training and encouraged participants to integrate ethical principles into their professional responsibilities to support Kenya’s broader anti-corruption efforts. The training comes as the government implements the Bottom-Up Economic Transformation Agenda and guidelines for Corruption Prevention Committees in both national and county governments. Dr. Mworia urged internal auditors to remain objective, impartial and committed to upholding public interest while calling for continued partnerships with institutions to strengthen the fight against corruption. “Internal auditors are expected to be at the forefront of safeguarding public resources and acting as agents of positive change, upholding national values such as integrity and patriotism, in line with constitutional obligations,” she said. The Internal Auditor General, CPA Jane Micheni also attended the training and provided a brief overview of the role of internal audits in public service. Additional phased training sessions, aimed at all internal auditors in public service, including those in county governments, are planned to take place throughout the financial year.
Court paves way for EACC to pursue Kidero’s wealth
25:09:2024: The Court of Appeal (Musinga, Makhandia & Kantai, JJA) sitting in Nairobi has dismissed a Petition filed by former Nairobi City Governor Dr. Evans Kidero seeking to stop EACC from investigating his bank accounts. The Judgement was delivered on September 20th, 2024. Kidero moved to the High Court in 2016 after EACC obtained Orders from the Chief Magistrates’ Court to access his multiple bank accounts on investigations into alleged corruption, economic crimes, and unexplained wealth allegedly amassed during his tenure as Managing Director of Mumias Sugar Company and Governor, Nairobi City County. In a Judgement delivered on 8th June 2018, the High Court (Odunga, Mwita and Mativo JJ) threw out Kidero’s bid to stop EACC, prompting a further appeal to the Appellate Court. In his appeal, Kidero argued that the various sections of the law granting EACC investigative powers were unconstitutional and threatened his fundamental rights and freedoms. In effect, the Court of Appeal Judgement clears the way for EACC to finalize the investigations.
EACC arrests two Kenya Forest Service officers in Garissa
25:09:2024: The Commission has arrested two Kenya Forest Service (KFS) officers in Garissa for hatching and executing a fraudulent scheme where they overpaid casual employees engaged by the institution and later demanded the surrender of the overpaid money from the casuals for their personal use. Further, the officials have been depositing money in the casuals’ bank accounts disguised as legitimate payments and then later order the workers to withdraw and hand it over to them. The suspects, Elphas Tembu Wesonga, Conservator, and Ibrahim Aden Hussein, Accountant, were arrested in an operation mounted by the Commission on Tuesday. A total of Kes73,000 being part of the day’s collection from the casual employees was recovered. It is alleged that the money collected in the syndicate is shared among the officers and their seniors. The two were processed at EACC North Eastern Regional Offices in Garissa and later booked at Garissa Police Station pending further processing.
EACC presents to the Ministry of Labour a Report of compliance monitoring on the implementation of cash transfers to the old
24:09:2024: The Ethics and Anti-Corruption Commission has presented the Principal Secretary of the State Department for Social Protection and Senior Citizens Affairs, Mr Joseph Motari, with the Report on the compliance monitoring of the implementation of the Older Persons Cash Transfer Programme (OPCT). The study was conducted between April 5th and May 22nd, 2024, and it aimed to identify weaknesses and opportunities that could be exploited to perpetuate corrupt and unethical practices and to provide recommendations to strengthen the systems of work. Its scope included the policy, legal and institutional framework, procedures, processes, and work practices adopted in implementing the OPCT programme. EACC’s prevention officers who assessed the systems visited the Ministry’s head office in Nairobi and selected regional and sub-county offices. The review took the form of formal and informal interviews, content analysis of various documents used in the cash transfer programme, policy analysis, Operations Manual (OM) and other accountable documents. The officers also visited the sampled beneficiaries in selected counties. The assessment established, among other key findings, that the Department failed to establish mechanisms for identifying pensioners among existing and eligible OPCT Programme beneficiaries, which could deny more deserving older persons priority as beneficiaries. It was also noted that there were significant delays in exiting deceased beneficiaries from the programme. In some instances, withdrawals were made from the accounts of deceased beneficiaries nearly three years after death. Receiving the Report in his office today, September 24, 2024, at Social Security House in Nairobi, Mr Motari welcomed it, stating that some of its findings and recommendations had already been flagged in the Department’s external auditor’s Report and were being addressed. He promised to use the Report as his Department’s working tool and asked his staff to study and internalize it. Commissioner Alfred Mshimba, who was back to hand over the Report after he flagged off the review process in March, thanked the Department for its desire to work with the Commission, which “has few friends.” He said EACC is heavy on prevention and the successful cooperation with the Department for Social Protection and Senior Citizens Affairs should be testimony that institutions can work with EACC to preempt corruption. EACC reviews public institutions’ systems on invitation or on its own volition pursuant to its mandate to prevent and disrupt corruption in public entities.