Only 188 graft cases concluded since 2014 as EACC faces challenges

Ethics and Anti-Corruption CEO Twalib Mbarak addresses the press in Kisumu County, flanked by EACC officials and members of the National Assembly's Justice and Legal Affairs Committee, on March 13, 2020. PHOTO | TONNY OMONDI | NATION MEDIA GROUP

What you need to know:

  • Chief Executive Officer Twalib Mbarak said that since 2014, 188 corruption cases have been finalised in court and that 130 or 70 per cent of them resulted in convictions.
  • He noted challenges in the fight against corruption, top among them being interference with witnesses, destruction of evidence through fires, slow judicial processes and adverse judicial decisions.
  • The CEO said that because of the limited funds, the EACC has prioritised high impact cases based on personalities involved, the value of loss and public interest.

The Ethics and Anti-Corruption Commission (EACC) investigated 844 cases in the last five years and submitted recommendations to the office of the Director of Public Prosecution.

The EACC reported this on Friday, saying the highest number of cases - 234 - were handled in 2018/19.

It said 183 were recorded in 2017/18, 143 in 2016/2017 and 167 in 2015/16 and 117 in 2014/15.

Chief Executive Officer Twalib Mbarak said that since 2014, 188 corruption cases have been finalised in court and that 130 or 70 per cent of them resulted in convictions.

Speaking in Kisumu where he presented the status report on the anti-graft war to the National Assembly's Justice and Legal Affairs Committee, Mr Mbarak said there were 48 acquittals and 10 discharges.

“Since 2014, assets including cash, movable and immovable goods worth approximately Sh3.2 billion have been recovered and surrendered for public benefit,” he said.

He added that approximately 357 cases are pending and that the authority is seeking to recover assets worth Sh8.5 billion.

CHALLENGES

The commission has 738 employees - 434 technical officers including investigators, lawyers and prevention officers and 304 support staff.

It is headquartered in Nairobi and has 11 regional offices and service desks at more than 50 Huduma Centres.

While he did not reveal how much is needed to expedite cases, Mr Mbarak said the commission has an average budgetary allocation of Sh3 billion.

He noted challenges in the fight against corruption, top among them being interference with witnesses, destruction of evidence through fires, slow judicial processes and adverse judicial decisions.

The CEO said that because of the limited funds, the EACC has prioritised high impact cases based on personalities involved, the value of loss and public interest.

The high profile cases involve offences including procurement irregularities in the award of tenders worth Sh4.8 billion at the State Department for Correctional services and irregular procurement and inflation of the cost of construction of the Lake Basin Development Authority Mall.

The cost of Sh4.1 billion as allegedly inflated by senior public officers including former Kisumu Speaker Onyango Oloo.

OTHER CASES

Mr Mbarak also mentioned the case of Sh1 billion in unexplained wealth against a senior manager at the Kenya Revenue Authority.

He also cited the Sh109 million irregular land compensation case against former National Land Commission chair Muhammad Swazuri and several senior officials as well as the irregular purchase of maize at Sh800 million from unscrupulous businessmen.

The purchase of the commodity for the Strategic Food Reserve was by the National Cereals and Produce Board and the Ministry of Agriculture.

In counties, the EACC has investigated and forwarded corruption cases involving Governors Mike Sonko (Nairobi) and Moses Lenolkulal (Samburu), former governors Ferdinand Waititu (Kiambu) and Evans Kidero (Nairobi) and several senior officials.