• Commission has disrupted corrupt schemes and averted the loss of Sh5.2 billion taxpayer funds.
• It has filed around 400 cases in court seeking recovery, seizure and confiscation of unexplained assets worth over Sh10 billion.
Kenya applauds the African Union (AU) for earmarking July 11 as African Anti-Corruption Day and dedicating 2019 towards a Common African Position on Asset Recovery. This day serves as a basis for all anti-corruption stakeholders in Kenya, and Africa at large, to reflect on gains made in the fight against corruption, the challenges of asset recovery, and to solicit contributions and support in the development of a common African position on asset recovery.
The impact of corruption on our economic development is visible and cannot be underestimated. Corruption is not a victimless crime and often affects those who suffer most—the vulnerable, poor and marginalised in society. However, since the adoption of the African Union Convention on Preventing and Combating Corruption, Kenya has made significant efforts in the fight against graft.
The Ethics and Anti-Corruption Commission (EACC) undertakes investigations towards tracing, identification, preservation and recovery of corruptly acquired public assets; as well as seizure and confiscation of unexplained assets. This mandate is derived from the Ethics and Anti-Corruption Commission Act, 2011, the Anti-Corruption and Economic Crimes Act, 2003, and the Proceeds of Crime and Anti-Money Laundering Act, 2017.
Over the last few years, the EACC has recovered assets worth more than Sh11 billion and has filed approximately 400 cases in court seeking recovery, seizure and confiscation of unexplained assets worth more than Sh10 billion. In execution of its mandate, the Commission works with other government institutions and agencies and strategic partners. For example, the Office of the Public Prosecutor (ODPP), Directorate of Criminal Investigations (DCI), GIZ, Serious Fraud Office, Federal Bureau of Investigations (FBI), Interpol and Europol, among others.
In 2019, the Anti-Corruption and Economic Crimes Division of the High Court ordered a former employee of the National water Pipeline Corporation to forfeit unexplained assets worth of Sh41 million. The Court of Appeal affirmed the judgment.
During the last financial year (2018-19), the EACC obtained 10 restraining orders to restrict transfer or disposal of various properties, including money amounting to approximately Sh2.9 billion. In addition the Commission, through its investigative team, has disrupted corrupt schemes and averted the loss of Sh5.2 billion taxpayer funds. All this has been achieved by the EACC developing modern policies to address emerging corruption trends and obtaining favourable judgements.
Assets recovered
Some of the properties recovered are the Mayor’s house (Nairobi), more than 20 houses in Woodley Estate, Uhuru Gardens (Mombasa), Nyali Beach Access Road, Mt Elgon Hospital (Kitale), High Court land (Mombasa), Land belonging to Karatina police station, 100 acres of Ngong Forest, Uasin Gichu District Hospital and Kalro land (Nakuru).
Others are High land and Administration police quarters (Eldoret), Kenya Railways land (Kisumu), Taifa Park (Kisumu), 556 acres in Njoro where the Rift Valley Institute of Science and Technology sits, court’s premises (where the High Court in Kisumu sits), High Court car park in Milimani, Nairobi, Postal Corporation land in Nakuru town centre and Ruaraka land (Nairobi), among others.
Unexplained cash and cash recovered
In 2019, the Anti-Corruption and Economic Crimes Division of the High Court ordered a former employee of the National water Pipeline Corporation to forfeit unexplained assets worth of Sh41 million. The Court of Appeal affirmed the judgment.
Similarly, a court sitting in Mombasa ordered a former public official to forfeit to the government unexplained assets worth approximately Sh74 million. The two decisions have bolstered the recovery efforts by the Commission in respect to unexplained wealth under section 55 of the Anti-Corruption and Economic Crimes Act. A number of such cases are at various stages in the Anti-Corruption and Economic Crimes Division.
In February 2019 the Commission, in conjunction with ODPP, through Alternative Dispute Resolution Mechanism recovered land valued at Sh2 billion belonging to the University of Nairobi that had been illegally allocated to a private individual. This property was restituted to UoN.
Gains on alternative dispute resolution policy
Article 159 (2) of the Constitution provides for alternative dispute resolution methods. Section 13(2) (d) of the EACC Act gives the Commission power to pursue alternative dispute resolution methods in recovery cases.
In February 2019 the Commission, in conjunction with ODPP, through Alternative Dispute Resolution Mechanism recovered land valued at Sh2 billion belonging to the University of Nairobi that had been illegally allocated to a private individual. This property was restituted to UoN.
Additionally, in October 2018, the Commission also recovered land worth Sh2 billion, where the Rift Valley Institute of Science and Technology (a public institution) sits. The law allows the Commission to apply to a court to seek preservation of the assets while the matters are still under investigation. Towards this end, the Commission filed various applications in court to preserve the suspect assets while investigations are ongoing and/or pending the adjudication of the recovery suits.
Despite the gains made and clear collective commitments against corruption, the challenge remains enormous. As a country, we need to reinforce our commitment to the rule of law, as well as to the underlying values of transparency, integrity, participation and accountability.
Secretary/CEO, Ethics and Anti-Corruption Commission