Court of Appeal dismisses former Governor Dr. Evans Kideroâs appeal seeking to block EACC from investigating his bank accounts in Civil Appeal No. 415 of 2018, Dr. Evans Odhiambo Kidero and AG, DPP, EACC and 4 other respondents
EACC presents findings of systems review to the State Department of Correctional Services
23;09:2024: EACC has presented a report on the review of the systems, policies, and practices in Probation and Aftercare Services (PACS) to the Principal Secretary of the State Department of Correctional Services, Dr Salome Muhia-Beacco. The review, which was conducted between February 5, 2024, and March 22, 2024, was carried out at the PACS Headquarters and in nine regional offices, 14 county offices, 14 probation stations, and nine probation institutions. The review found, among others, that PACS lack legal frameworks to support some functions, including empowerment, victim support, diversion, restorative justice, and alternative justice system programmes to which it recommends the development and implementation of subsidiary legislation as per Section 17 of the Probation of Offenders Act (Cap 64) and Statutory Instruments Act (Cap 2A). It also flagged the lack of automation to facilitate integration with the New Judiciary and the Power of Mercy Advisory Committee (POMAC) online system to receive referrals and file probation reports. To this end, it recommends that PACS leverage technology to automate its processes and invest in the requisite ICT infrastructure and related accessories. The report also highlights that PACS lacks a corruption prevention framework. It had, for instance, not prepared a comprehensive bribery and corruption risk assessment and mitigation plan, had not established Corruption Prevention Committee and Integrity Assurance Committees, and procedures for preventing bribery and corruption as per section 9 of the Anti-Bribery Act, 2016. The conflict of interest and gifts register had also not been cascaded to all sections, probation offices, and institutions as required under regulations 12 and 6 of the Leadership and Integrity Regulations, 2015. The report recommends a review of the anti-corruption framework by aligning it to the National Ethics and Anti-Corruption Policy, Sessional Paper No. 2 of 2018, the Anti-Bribery Act, 2016, and the Leadership and Integrity Act, 2012, and implementation of the EACC guidelines for establishment and operationalization of the Corruption Prevention Committee Receiving the report today, September 23, 2024, at her offices at Teleposta Towers, Dr. Mwihia appreciated its depth and added that it would guide them to improve their standards, especially in procurement and conflict of interest. She thanked the EU and UONDC for supporting the project and the EACC for being thorough. She also asked the EACC not to abandon the PACS after the stipulated implementation period but to follow through and walk with them until they tighten their systems and make PACS a premier institution for others to emulate While handing over the report, EACC Vice Chairperson Dr. Monica Muiru called on PACS to embrace the report’s findings and focus on promptly implementing the recommendations. Also present were the Director of Preventive Services, Mr Vincent Okongâo; his Deputy, Ms. Neema Mkorori; Secretary of Probation and Aftercare Services, Dr Christine Obondi; and Head of Section, Governance and Macroeconomics Delegation of the EU to Kenya, Mr Alexandre Baron and the representatives of the United Nations Office on Drugs and Crime (UNODC). The two development partners, the EU and the UNODC sponsored the project.
End of the road for two rogue Nairobi City County employees
20:09:2024: Two extortionist employees of the City County of Nairobi hit the end of the road yesterday after they were nabbed for demanding and receiving bribes. Joshua Mongâare Segera, a revenue officer, and Newton Ongubo Nyarega, an enforcement officer, were arrested in Eastleigh by EACC detectives in a simultaneous operation. It was reported that the two had impounded two vehicles and demanded a bribe of Kes35,000 and Kes9000 from their owners. An operation was mounted, and the two were arrested after receiving the bribes. They were taken to EACC offices at the Integrity Centre for processing, after which they were booked at Kilimani Police Station pending further action.
EACC pilots law enforcement programs after MOU with Kenya School of Government
17:09:2024: Following the recent signing of a Memorandum of Understanding (MOU) between the Ethics and Anti-Corruption Commission (EACC) and the Kenya School of Government (KSG) that established a framework of engagement defining broad areas and mechanisms of cooperation, the Commissionâs National Integrity Academy has today piloted six law enforcement programs at the School. The programs are split into three cohorts: Cohort One, Corruption and Ethics Investigation and Alternative Dispute Resolution, will run from 16 to 20 September 2024; Cohort Two, Asset Tracing and Mutual Legal Assistance, will run from 23 to 27 September 2024; and Cohort Three, Financial Investigations and Asset Recovery, will run from 30 September to 4 October 2024. Speaking at the program’s launch, Mr Abdi Mohamud, EACC Deputy Chief Executive Officer, said the pilot training will involve testing the programâs efficacy with a selected group of participants before full implementation. It will consist of delivering the training program, collecting participant feedback, identifying challenges, and making necessary adjustments to ensure an engaging and resource-efficient rollout. âThis being a pilot exercise, it is essential for both the participants and resource persons to give adequate and honest feedback to enable the Academy to enrich the law enforcement program,â he said and asked the participants to give careful and insightful responses when course evaluation questions are posed to them in the course of the program. He said that the pilot program is a testament to the Commissionâs dedication to excellence and continuous improvement in law enforcement
Consortium of Civil Societies boss nabbed in an extortion racket
17:09:2024: The Ethics and Anti-Corruption Commission (EACC) has arrested Peter Odhiambo Agoro, Chairperson of the Consortium of Civil Societies in Kenya, for extorting Kes.3 million from a state corporation’s Chief Executive Officer. The suspect has been escorted to the EACC Integrity Centre Police Station, where he is currently held for processing. The civil society leader demanded the Kes3 million bribe as an inducement and facilitation fee to not pursue and publicize accusations of procurement malpractices he claimed to have against the Parastatal CEO. The suspect accepted the complainantâs plea to reduce the demanded amount to Kes2 million, which was to be paid in two instalments of Kes1.5 million today and Kes.500,000 later. Unknown to him, the complainant had already notified EACC of the matter. The Commission undertook an operation this morning that led to Mr. Agoro’s arrest after receiving the first installment of Kes.1.5 million, USD 10,800, and Kes.100,000. The Commission also arrested two Jomo Kenyatta International Airport (JKIA) Health Port Officers yesterday for bribery. Dedan Kamau Ndungâu, a shift head, and Esther Mwihaki Mwangi, a Senior Assistant Public Health Officer, were nabbed in a sting operation, and a total of Kes13700 and USD110 recovered from them. The Commission had received several allegations of the Port Health officers compromising regulations in relation to yellow fever vaccinations in exchange for bribes. Investigations by the Commission preceding the operation revealed that the Port Health officers issued yellow fever vaccine certificates to foreigners arriving minus the certificates without administering the vaccines. In some cases, they administered the vaccines but did not register the payments. Investigations of the same are ongoing, and appropriate action will be taken upon their conclusion.
EACC hands back to Government recovered assets worth Kes5.5 billion in a ceremony at State House
11:09:2024: The Ethics and Anti-Corruption Commission has handed over corruptly acquired assets to the State, including 35 title deeds measuring 18.71 acres with a total value of Kes5 billion and cash assets totaling Kes511.4 million. In a ceremony held today at State House and presided over by His Excellency President William Samoei Ruto, EACCâs CEO, Mr Twalib Mbarak, handed over through the President to the Cabinet Secretary of the National Treasury in trust, titles to the various properties. They included one in Kisumu measuring 1.88 acres and valued at Kes1.4 billion belonging to the Judiciary, five properties in Eldoret: three measuring 3.25 acres and valued at Kes1.2 billion belonging to the National Police Service, one measuring 0.96 acres and valued at Kes700 million belonging to the State Law Office, and another measuring 1 acre also valued at Kes700 million belonging to Uasin Gishu Referral Hospital. Others included 13 titles to properties based in Western Kenya, all measuring 8.06 acres and estimated to value at Kes300 million. They included four properties in Bungoma Municipality, two in Kakamega Municipality, three in Kisii Municipality, one in Kabarnet Municipality, one in Nakuru Municipality, and two in Kitale Municipality. He also handed over another 15 titles to land measuring 3.42 acres and valued at Kes135 million belonging to the County Government of Kisii and another property in Nakuru Municipality belonging to the County Government of Nakuru measuring 0.41 acres and valued at Kes100 million. Besides the immovable properties, the Commission also handed over cash assets totaling Kes511,365,927.80 recovered from individuals who had irregularly acquired public properties. The Commission recovered and remitted Kes361,395,356.55 to the National Treasury, Consolidated Fund Account, Kes79,292,871.25 for the Kenya Ports Authority recovered from a law firm, and Kes70,677,700 for the Kenya Medical Research Institute (KEMRI) Retirement Benefits Scheme recovered from an individual after a civil process. Speaking at the event that was also attended by the CS National Treasury, John Mbadi; Attorney General, Dorcas Oduor; Chief of Staff and Head of Public Service, Felix Koskei; Governors; EACC Commissioners and Directors, and other State Officers, EACC Chairperson Dr. David Oginde hailed the function as serving a dual purpose. âTodayâs event serves a dual purpose; on the one hand, it is a symbolic demonstration of the tireless efforts of our team as a Commission to make corruption unprofitable by removing the benefits and proceeds of corruption, and on the other hand, it illustrates the audacity of corrupt individuals in their attempts to convert public property to personal use,” he said. Dr Oginde asked the Head of State for his support in overcoming the obstacles that hinder or slow down the Commissionâs efforts, including a weak legal framework that must be streamlined for efficiency and effectiveness, and budgetary challenges. His Excellency the President reiterated the Governmentâs commitment to fighting corruption. âThe government remains resolute in reducing opportunities for corruption and abuse of office and in ensuring that the corrupt do not enjoy the proceeds of their illicit actions,â he said and called on all to strengthen the commitment to the rule of law, enhance access to justice, promote national values and principles of governance, and protect fundamental rights and freedoms. The President stressed the Governmentâs commitment to further strengthening the institutional framework for anti-corruption. He revealed that the Government is working on a series of amendments to be presented to Parliament to promote accountable leadership and integrity in governance, including the Evidence Act, the Criminal Procedure Code, the Witness Protection Act, the Public Finance Management Act, and the Public Procurement and Disposal Act. The amendments, he said, will expedite investigations and prosecution of corruption and economic crimes, enhance witness protection, and overhaul the institutional and operational framework of public procurement that has been identified as a key area for corruption. He also revealed that he is pushing for a swift passage of the Conflict of Interest Bill in Parliament and is keen on high accountability standards. âI have made it clear that I will veto any Bill that does not establish a high standard of accountability, integrity, and anti-corruption measures. I will fully exercise my powers under Article 115 of the Constitution to ensure the Bill (Conflict of Interest Bill) meets the rigorous standards in the original draft,â he said. The Head of State acknowledged the notable milestones achieved by the EACC in the fight against corruption, particularly through the recovery of corruptly acquired assets and unexplained wealth. He commended the Commission for recovering assets valued at approximately KES 28 billion over the last five years, including cash and movable and immovable property.
EACC signs an MOU with the Kenya School of Government for collaboration in the training of public officers in ethics and integrity
11:09:2024: The Ethics and Anti-Corruption Commission (EACC), through its National Integrity Academy (NIAca) and the Kenya School of Government (KSG), are poised to join hands in the quest for a culture transformation in the public service through education and training. Believing that transforming the public service through developing knowledge and competencies among public servants will improve service delivery and prevent corruption, the two institutions have signed a Memorandum of Understanding (MOU) to establish a framework of engagement that defines their broad areas and mechanisms of cooperation. Through the MOU, the parties seek to promote the sharing of institutional infrastructure and professional capacity, development resources, skills, and knowledge within their areas of expertise. They will cooperate in training, co-creation, and delivery of anti-corruption and governance programmes; joint research and consultancy; co-publication; technical assistance; and mobilization of financial resources. The MOU states that KSG will grant EACC access to its facilities at the KSG headquarters and its Campuses in Baringo, Embu, Matuga, and Mombasa. This access will also include the online programmes coordinated by the KSG Learning and Development Institute. They agreed to establish a joint technical committee comprising equal members to coordinate the implementation, monitoring, evaluation, and reporting of activities. Speaking during the signing ceremony of the MOU at the KSG last evening, EACC CEO Mr Twalib Mbarak commended the KSG leadership for accepting to enter into an MOU with EACC. He also recognized the school’s role in enhancing good governance through training and capacity development in the public and private sectors. The objective of EACC and KSG in signing the MOU, Mr Mbarak said, is to provide a framework of cooperation and collaboration that will mutually benefit and reinforce the interests of both parties, adding that the nexus between EACC and KSG is the fact that a transformed public service guarantees the ethical conduct of public officers hence uprooting corruption in the public sector. Prof. Nura Mohamed, the Director General of KSG, said that EACC and KSG share a vision to build the capacity of public servants. He emphasized the need to focus on culture transformation in the public sector through evidence-based research to establish the levels of corruption and devise targeted strategies. Established under the EACC Act, 2011 to combat corruption and economic crime through law enforcement and prevention, the Commission also has a mandate for public education and promoting standards and practices of integrity, ethics, and anti-corruption. The establishment of the National Integrity Academy by the EACC stems from the Commissionâs mandate. The Academy provides specialized ethics, integrity, leadership, good governance, and anti-corruption training to both the public and private sector institutions in the country and the region. Its goal is to entrench a culture of integrity and create an ethical and value-driven society that upholds integrity and the rule of law by influencing Kenyan and regional citizens’ mindsets, attitudes, and behavior.
EACC in Court to recover land grabbed from KWS in Kericho town
06:09:2024: EACC has moved to court to recover six prime parcels of land worth Kes400 million illegally acquired from the Kenya Wildlife Service (KWS) in Kericho Town. The land, originally under government ownership, was fraudulently subdivided and transferred to private developers in collusion with corrupt land officials. Speaking on site, EACC South Rift Regional Manager Ignatius Wekesa confirmed that the Commission is committed to reversing the illegal transactions and restoring the land to its rightful owner. The grabbed parcel, Land No. 631/169, initially measured 2.5 acres before being subdivided into six smaller plots and transferred to private individuals. The parcels’ illegal owners include Sammy Kipkogei Chepkwony, Wilson K. Soy, Golf View Court Limited, Benjamin Kipruto Maiywa, John Odhiambo Achola Migunda, and Fredrick Kibyegon Sawe. Chepkwony has since transferred his parcel to four new individuals: Alfred Kiplangat Terer, Annette Chepngeno Sang, Zablon Kipkemoi Bett, and Geoffrey Kiprono Koech. Investigations revealed that the land was already government property at the time of allocation, meaning it was unavailable for private acquisition. The fraudulent transactions have prompted the Commission to file a suit at the Kericho Environment and Land Court, seeking to nullify all illegal entries in the Kericho Land Register and reissue the title deed under the Governmentâs name. On July 31, 2024, the court issued orders prohibiting the current illegal owners from conducting any dealings on the disputed land until the case is heard and determined. âThe Commission is asking the court to nullify all transactions that led to the illegal transfer of the land and to cancel all entries in the land register that facilitated this fraud,â Wekesa said while addressing members of the press on site. He also issued a stern warning to other land grabbers in the region, urging them to voluntarily return any grabbed public land before the EACC moves in at greater cost to them.
EACC launches systems review of Kenya Power with aim to minimize chances for corruption
03:09:2024: The Ethics and Anti-Corruption Commission has launched a systems examination of the Kenya Power and Lighting Company (Kenya Power) to study, analyze, and determine systemic weaknesses and corruption loopholes and develop appropriate mitigation strategies. The examination, which was requested by Kenya Powerâs management, aims to change the companyâs operating systems to minimize opportunities for corruption. Launching the program today at Kenya Powerâs headquarters in Parklands, Nairobi, EACCâs Vice Chair Dr Monica Wanjiru Muiru said the examination exercise was part of EACCâs preventive strategy and is intended to offer appropriate advice to Kenya Powerâs Board and Management on the best ways to seal corruption loopholes and enhance good governance. She expressed her confidence in the abilities of EACCâs appointed team to undertake the task professionally. She also thanked Kenya Powerâs Management and Board of Directors for their faith in EACC to provide advice on corruption prevention. EACC Director for Preventive Services, Mr Vincent Okongâo said the studyâs main purpose is to foster accountability at Kenya Power. âThe overall objective of this examination is to offer appropriate advice to the KPLC Management and Board of Directors on ways and means of promoting and sustaining transparency, accountability, and integrity through the application of sound systems of work that offer no room for corrupt practices,â Mr Okongâo said. The review will also examine the systems, policies, procedures, and practices in KPLC’s operations, identify weaknesses, loopholes, avenues, and opportunities for corruption, and make recommendations on how to overcome the shortcomings and seal these avenues and opportunities for corruption. The 35 working day review will include interviews with management and department and section heads, content analysis of files, circulars, memos, work plans, procedure manuals, books of accounts, annual financial statements, audit reports, minutes of various committees, and various internal and external correspondence. There will also be walk-through tests, observation of service delivery processes and procedures, and spot checks on sampled projects. It will cover the technical and support functions at the headquarters and selected regional offices and stations. The team will also talk to key stakeholders in the energy sector, including the State Department of Energy, Energy Petroleum Regulatory Authority (EPRA), Kenya Electricity Generating Company PLC (KenGen), Rural Electrification and Renewable Energy Corporation (REREC); and the Kenya Electricity Transmission Company Limited (KETRACO). Acknowledging that the launch of Kenya Powerâs systems review was in response to the companyâs January 2024 request, the Managing Director and Chief Executive Officer of Kenya Power, Eng. Joseph Siror said that ethics and integrity stand at the core of their operations. He said the company has already taken some measures to safeguard itself against unethical practices, including Corruption Prevention Committees, training of Ethics and anti-corruption champions, establishing the Ethics and Integrity Framework, and conducting bi-annual ethics risk assessments. Eng. Albert Mugo, a member of the Kenya Power Board who represented the Boardâs Chairperson, said EACCâs examination of the companyâs systems is important as stakeholders, including customers, financiers, partners, the Government, and shareholders, expect them to uphold high standards of integrity in all aspects of their work.
EACC arrests four traffic police officers in the Rift Valley region for extortion
29:08:2024; EACC has arrested two traffic police officers at a notorious bribe collection spot in Litein town, along Sotik-Kericho road. Corporal Rachael Aiyabe and Constable John Oluoch were arrested after EACC intervened following numerous complaints that traffic police officers along Sotik-Kericho road were notoriously extorting motorists in the guise of traffic law enforcement, contributing to road accidents. The suspects, arrested on Tuesday evening, were processed at EACC South Rift Regional Offices in Nakuru on Wednesday and released on bail pending the finalization of the probe. Reacting to the arrests, the Commission Spokesperson decried the impact of traffic corruption on road safety. âWhile the majority view bribery as petty corruption, its implications are gross as it compromises road safety to the extent of claiming lives,â he said. Non-compliance with the established road safety regulations due to payment of bribes is a notable cause of road accidents on major highways, especially from Nairobi to Western Kenya. As the EACC detectives were transporting the two officers from Litein Town to Nakuru, they arrested two more officers, Corporal Cynthia Kemoi and Police Constable Philip Sitienei, bringing the total number of arrests to four. The last two were arrested along Kericho-Nakuru Road near Kaisugu Tea Factory. They are from Kericho Police Station