EACC opens probe on Chiloba over alleged abuse of office

The anti graft agency has opened a probe into suspended Director General of the Communications Authority of Kenya Ezra Chiloba.

The Ethics and Anti-Commission said on Friday they are investigating allegations of abuse of office and conflict of interest against Chiloba during the financial years 2021/2022 to 2023/2024.

Chiloba was on September 18 relieved of duties in a short memo signed by the authority's board chairperson, Mary Wambui.

A day later, he denied accusations of financial impropriety in a brief phone chat with the Star saying, "These are just allegations. I'll wait for a due justice process.''

EACC head of investigations Pascal Mweu has now demanded a number of documents from CAK in a letter dated September 28 to facilitate the investigation.

"EACC wants originals of mortgage loan budget for 2021-22 to 2023-24 financial years, bank account statements for mortgage scheme for the period 2021-22 to 2023-24 and Internal Audit Report,” said the letter.

The letter also asked the acting DG Christopher Wambua to provide National Treasury Audit Report, mortgage loan policy for CAK, mortgage loan book for CAK and authorised panel of valuers at CAKEACC also wants minutes of Special Board Audit and Risk Assurance Committee dated August 8, 2023, mortgage loan application form for Chiloba and all attachments, title deed, search certificate, sale Agreement, details of the vendor, valuation reports, all correspondences in regard to the purchase and any other document related to the mortgage loan application.

Two officers are available to receive the information and record relevant statements, said the letter.

Chiloba was suspended over alleged abuse of the authority’s mortgage scheme.

A report of a ninth special Board Audit and Risk Assurance Committee (Barac) meeting held on August 8, 2023, indicates that Chiloba alongside nine others “fundamentally breached their obligations arising under the contract of service”.

Chiloba is accused of, one; applying for and self-approving a mortgage loan without exercising due process.

The loan was to reportedly facilitate the purchase of a property between Chiloba and another individual.

He is also said to have purchased a house and acquired land of seven acres beyond the allowed one acre limit under the Civil Servants Housing Scheme requirement.

On matters regarding the loan application process, the authority says no due diligence was exercised leading to the omitting of relevant information.

“The loan application was approved by a junior staff member and there is no evidence to support that fact that the junior staff member carried out requisite due diligence and advice management including but not limited to the relationship between the seller and the buyer and the size of the property,” read the report.

Questions were raised after it was noted that the authority remitted money to a bank account held by Chiloba under the company name Kitale Hilmost Ltd who was also posed as the buyer.

“Further interrogation to confirm the identity of the seller vide a query through the Companies Registry revealed the sole director and shareholder of Kitale Hilmost Ltd as Ezra Chiloba Simiyu, who is also the buyer. These actions amount to an offence in accordance with Section 41 and 42 of the Anti-Corruption and Economic Crimes Act,” it read.

Chiloba is also accused of misconduct while in office.

"Being that the Director General is the Accounting Officer for the Authority, the conduct and integrity of the office holder when viewed against the provisions of Sections 11, 12 and 13 of the Leadership and Integrity Act is found to be in contravention of the same and in breach of the Code of Ethics which amounts to misconduct for which he may be subjected to disciplinary proceedings as per Section 45 of the Employment Act 2007."