Big names that toppled in anti-graft war

The arrest of three governors, a number of state officers and the sentencing of an MP headlined the Jubilee administration’s anti-graft efforts in 2020.

The list of big names felled by graft cases is growing longer and the Ethics and Anti-Corruption Commission promises to pursue thieves and net more in 2021.

ALL PLEAD NOT GUILTY

Governors Okoth Obado (Migori) and Muthomi Njuki (Tharaka Nithi) are in court on charges of corruption.

They were barred from accessing their offices. Anti-graft detectives acted on the precedent-setting legal opinion by Justice Mumbi Ngugi that they be barred lest they tamper with evidence and witnesses.

She said the law excusing elected leaders from suspension at half pay when charged with economic crimes is unconstitutional.

The decision made work easier for detectives, ending their frustration with prosecuting persons holding plum jobs.

The Senate in January voted to impeach Kiambu Governor Ferdinand Waititu on charges of corruption. His seat was taken by his deputy, James Nyoro.

Nairobi MCAs voted to remove Governor Mike Sonko on charges of abuse of office, violation of the Constitution, and gross misconduct.

The governor was barred from accessing his office following his arraignment for a fraudulent Sh357 million garbage collection deal. 

Both Waititu and Sonko were arrested in 2019.

EACC also got a landmark win in the fight against corruption in the sentencing of Sirisia MP John Waluke.

The lawmaker was fined Sh727 million for a Sh313 million maize fraud and so was his co-accused Grace Wakhungu, the mother of former Environment Cabinet Secretary Judy Wakhungu.

Garrissa Governor Korane is in the dock over alleged misappropriation of a World Bank grant of Sh233 million for an urban upgrade.

He was charged alongside four senior county and municipal officials.

The arrest came barely a day after the court granted Governor Njuki bail in the case of irregular awarding of a Sh34.5 million solid waste project tender.

He and his co-accused were prohibited from accessing their offices - unless accompanied by an EACC official.

Obado is out on Sh20 million bond on charges of Sh73 million fraud and was also prohibited from accessing his office.

Director of Public Prosecutions Noordin Haji also approved the prosecution of Lari MP Jonah Mburu and members of the Lari Constituency Development Fund committee for alleged embezzlement of Sh27 million.

Malindi MP Aisha Jumwa was charged with misappropriation of Sh57.7 million from the constituency fund kitty.

In August, the DPP approved charges against former Kenya Ports Authority managing director Daniel Manduku over irregular procurement of works.

Haji also approved the prosecution of Masai Mara University Vice Chancellor Mary Walingo on allegations of embezzling Sh177 million.

She was arraigned in Nakuru alongside two deputy vice chancellors and her driver Hassan Abdi.

Kimilili MP Didmus Barasa was also charged at the Kajiado law courts with allegedly obtaining Sh450,000 in a car sale case.

Kenya School of Law CEO Morris Kiwinda and seven employees  were also booked on charges of conspiracy to defraud the law school.

They were charged with fraudulently paying Sh198.4 million for goods not supplied.

A clerk attached to Justice Roseline Aburili was also fined Sh1.2 million in a Sh50,000 bribery case.

Nairobi MCAs David Mberia, Jared Okoth Okode and Abraham Njihia Mwang were taken to court in a Sh1 million bribery case.

They are accused of soliciting the money from Kiragu Waichahi Schools as protection fees against prosecution on allegations the school was built on public land.

Agricultural Finance Corporation legal services manager Rashid Ngaira was also arrested for allegedly demanding a Sh3.5 million bribe from a client.

He is said to have claimed to be in a position to restructure a loan the client owed to the corporation.

A former KPA finance manager Patrick Nyoike, his wife Jacinta and KPA clerk Isaac Obunga were arraigned over alleged Sh214 million graft.

Some 31 Kenya Revenue Authority employees were also charged with abetting tax evasion.

They allegedly sought to issue tax compliance statements to individuals and companies with outstanding tax liabilities, in the virtually endless list of cases dealt with this year.

EACC Chief Executive Officer Twalib Mbarak said the cases are just the tip of the iceberg, the beginning of their efforts to rid the country of graft.

He said the successful prosecutions follow efforts put into prevention, enforcement and recovery of stolen public assets.

The EACC, he said, is banking on the national anti-corruption policy for a comprehensive, coordinated and integrated framework for the fight.

Despite the concerted efforts by the multi-agency teams dealing with graft, the Kenya Medical Supplies Agency hit the headlines over a Sh7.8 billion scandal over procurement of PPEs and other Covid-19 supplies.

Senior officials, among them Managing Director Jonah Manjari, procurement director Charles Juma and commercial services director Eliud Mureithi were suspended.

Following the incidents, Transparency International says more needs to be done if the country is to stop runaway corruption.

TI executive director Sheila Masinde said much as there is progress in asset recovery, the returns are tiny compared with the resources stolen.

She said it is important, though, to acknowledge the ongoing civil and criminal processes towards reclaiming stolen assets.

“Progress has also been registered in possessing unexplained wealth in the hands of corruption suspects and other individuals.

“These efforts should be complemented by a well-elaborated and open wealth declaration and lifestyle audit systems,” Masinde said.

She raised concerns that multi-agency efforts to tackle corruption have been hampered by turf wars and fears of political and executive interference, in some instances.

“Independent institutions in the anti-corruption justice chain must be given the space and resources to deliver on their mandates,” she said.

TI said a system should be put in place for integrity checks on aspirants or persons bidding for public office.

“Those with unresolved ethical issues should be denied clearance to vie in the next elections. The year 2021 should be the year to actualise a vetting mechanism,” she urged.

Citing the theft and irregular procurement of Covid-19 resources, the TI boss said urgent reforms are needed in public procurement, especially of emergency supplies. 

She said the Public Procurement Regulatory Authority (PPRA) should regularly publish a market price index for PPEs and other supplies used in the fight against Covid-19.

“A public information portal on Covid-19 is needed to enable Kenyans to hold duty bearers to account and insulate resources from misuse,” the TI boss advised.

Masinde said the portal should have information, including resource allocations and expenditure, at the national and county levels.

DPP Haji said there would be concerted efforts to secure more convictions in the coming year.

“Conviction rates for corruption cases increased from 37 per cent in 2017 to 63 per cent in 2020," he said.

Haji said this was as a result of the focus on high-profile and high-impact cases, prosecution-guided investigations, follow-the-money approach and inter-agency collaboration.

He also dismissed claims that the war against corruption has been weaponised, a claim that featured prominently since 2018.

“We only prosecute cases forwarded to the office of the DPP based on sufficient evidence,” Haji said in his report to the President last month.

(Edited by V. Graham)