This year has seen the Ethics and Anti-corruption Commission give priority to cases involving high-profile individuals in the war against graft.
The dramatic arrest and arraignment of Deputy Chief Justice Philomena Mwilu was one of the highest-profile cases, which drew a lot of attention and sent shockwaves throughout the Judiciary.
It was the first time a senior sitting judge was arrested in the precincts of the court for possible prosecution since the promulgation of the new Constitution.
However, Mwilu has not pleaded to any of the corruption charges levelled against her as she managed to obtain a court order to stop her prosecution. She claimed the impugned charges are not coincidental and appear to be part of a larger scheme to embarrass her in her capacity as the Deputy Chief Justice of Kenya and to expose her to ridicule and harassment.
The DCJ has also claimed there have been efforts to remove her from office after she joined in nullifying President Uhuru Kenyatta’s election last year. The DCJ’s case has seen the office of the Director of Public Prosecutions Noordin Hajji hire a special prosecutor to handle the graft case.
Queen’s Counsel Khawar Qureshi was allowed to practise law as a foreigner in Kenya only in the case touching on Mwilu. His first appearance in court was met with a lot of opposition from the defence lawyers representing the DCJ.
This prompted the court to adjourn the hearing of the case to January next year, after the DPP indicated it was not willing to proceed with the case without Qureshi leading the prosecutions team.
NYS ROUND TWO
Prior to Mwilu’s case, there was public outrage as another multi-billion shilling graft scandal was unearthed at the National Youth Service. Kenyans were shocked to learn of one Ann Ngirita, who allegedly supplied air and got Sh60 million.
Ngirita became the new Josephine Kabura, starring in the unending NYS series after she allegedly pocketed Sh60 million. Ngirita and her family were later charged in court and denied charges of fraudulently receiving payments from NYS for goods not supplied.
On December 5 this year Anti-corruption High Court judge Hedwig Ong’undi issued orders freezing property, including land and vehicles, belonging to the Ngirita family, who are facing charges related to the loss of Sh468 million at the National Youth Service.
Apart from Ngirita, Principal Secretary Lilian Omollo was among 35 others who were linked to the loss of Sh226.9 million at the NYS.
Omollo faces 12 counts of abuse of office and conspiracy to commit an economic crime. Former NYS Director-General Richard Ndubai is also in the list and is facing one count of abuse of office and one count of conspiracy to commit corruption.
This year also saw the arrest and prosecution of Agriculture PS Richard Lesiyampe and six others over the National Cereals and Produce Board scam. Investigators accused Lesiyampe of irregularly authorising the NCPB to buy maize using an unauthorised budget.
The prosecution listed several counts against the PS and 15 others implicated in the multibillion-shilling scandal, which rocked the purchase of maize from farmers last year. Lesiyampe has since denied the charges and the case is ongoing.
The current onslaught on corruption has seen The National Hospital Insurance Fund boss Geoffrey Mwangi and finance director Wilbert Kurgat arraigned in court over the Funds scam, in which Sh1.1 billion is suspected to have been lost.
At least 21 suspects will face charges of engaging in a project without prior planning, wilful failure to comply with the law relating to procurement, abuse of office, wilful failure to comply with the law relating to the management of public funds, deceiving a principal and fraudulent acquisition of public funds.
DEVOLVED CORRUPTION
On the Kenya Pipeline Company, Haji has approved charges against managing director Joe Sang, Gloria Khafafa (company secretary), Vincent Cheruiyot (general manager, supply chain), Billy Aseka (general manager, infrastructure), Nicholas Gitobu (procurent manager) and Samuel Odoyo (general manager, finance).
Their charges are on the construction of Kisumu oil jetty, where it is alleged that more than Sh2 billion was misappropriated.
In the devolved units, Ojaamong became the first governor to face corruption charges, with allegations of conspiracy to defraud the county government of Sh8 million, engaging in projects without proper planning and abuse of office. He was charged alongside Finance executive Bernard Yaite, Chief Finance Officer Leonard Obimbira and head of Treasury Accounting Samuel Ombui.
Nyandarua Governor Waithaka Mwangi was also arraigned in court in July this year and charged in a Nakuru anti-corruption court with “willful failure to comply with the law relating to procurement, contrary to Section 48 of the Economic Crimes Act, 2003”.
A month later, former Nairobi Governor Evans Kidero was charged with three corruption-related charges leading to the loss of Sh213 million. He denied the charges and was released on a cash bail of Sh2 million together with ex- county Treasury boss Maurice Okere.
MILLIONS RECOVERED
In a different twist, Machakos Governor Alfred Mutua was spared from facing prosecution over alleged irregular purchase of 16 county vehicles.
In a consent signed and presented in court, the Director of Public Prosecution, the Ethics and Anti-Corruption Commission and the Attorney-General agreed to refrain from having Mutua charged with the allegations.
This was after the court was told there was already an existing criminal case on the matter before a Machakos court, and all the accused persons have since been acquitted.
Mutua and Murang’a Governor Mwangi Wairia’s case were among those that the anti-graft agency pursued with gusto. Wairia’s case was touching on misappropriation of funds, pitting him against the EACC.
This year also saw the EACC launch a Bible Study Guide to be used by both groups and individuals to fight corruption. The guide, Integrity: A Weapon against Corruption, is intended to help Kenyans learn more about God. It was launched in September.
On December 9, EACC chair Eliud Wabukala said the fight against corruption has led to the recovery of Sh488 million this year. He said the commission is now tracing 14 illegally acquired public assets worth at least Sh2.3 billion.
“The year 2018 marked unsurpassed achievements in the fight against corruption in our country,” he said, adding “the commission finalised 183 files on corruption and economic crime and submitted them to the Office of the Director of Public Prosecutions, out of which 135 were recommended for prosecution, 14 for administrative action and 34 for closure.”
He made the remarks while in Vihiga county during the International Anti-Corruption Day. The retired archbishop also said the EACC carried out 12 investigations this year, saving taxpayers possible loss of Sh4.7 billion public funds.