GAZETTE NOTICE NO. 9641

the following departments: Finance Department. Disciplinary Department. Administration Department. Quality Assurance and Compliance Department. Mw PWNS Recruitment and Selection Department. 3.0 VISION OF MCPSB To be a leading County Public Service Board which is a bench mark for a high performing, dynamic and ethical County Public Service in Kenya 4.0 MISSION OF MCPSB (c) Confidentiality (d) Team Work (e) Inclusiveness () Professionalism (g) Equity (h) Commitment (i) Tolerance (i) Meritocracy (k) Impartiality () Accountability (m) Respect for Diversity (n) Accessibility (o) Equality (p) Independence (q) Transparency 6.0 FUNCTIONS OF MCPSB The functions of Migori County Public Service Board are: 1. 2. To establish and abolish offices in the County Public Service. To appoint persons to hold or act in offices of the County Public Service including in the Boards of cities and urban areas within the county and to confirm appointments. To exercise disciplinary control over and remove persons holding or acting in those offices . To prepare regular reports for submission to the County Assembly on the execution of the functions of the Board. To promote in the Migori County Public Service the values and principles referred to in Articles 10 and 232. To evaluate and report to the County Assembly on the extent to which the Values and Principles referred to in Articles 10 and 232 are complied within the County Public Service. To facilitate the development of coherent, integrated human resource planning and budgeting for personnel emoluments in the county. To advise the County Government on human resource management and development. To advise the County Government on the implementation and monitoring of the National Performance Management System in the County. 10. To make recommendations to the salaries and Remuneration 7.0 Commission, on behalf of the County government, on the remuneration, pensions and gratuities for the County Public Service employees. ACHIEVEMENTS OF MCPSB 7.1. PARTICIPATING IN WORKSHOPS, SEMINARS AND CONFERENCES The Migori County Public Service Board has participated in the following workshops, seminars and conference: Orientation workshop for Ward Administrators. Orientation workshop for Board Members. Workshop at Kenya school of government organized by the Salaries and Remuneration Commission for Board Members. The Mombasa workshop organized by LAPTRUST. Kisumu workshop organized by the LAPTRUST. Consultative meeting with Ward Representatives. Sensitization workshop for Public Officers on financial declaration and guidelines. Huduma Ombudsman Award Ceremony at KICC, Nairobi. e Migori County Staff establishment workshop. Environmental Officer 15 e Performance Management Appraisal Workshop. Transport Manager 1 e County Service Boards National Consultative Forum. Pharmaceutical Technologist 20 e Study Tour of Singapore for Bench Marking Purposes. al Records ane faformation Officer ; e Consultative meeting between members of Labour and Social TOTAL 683 Welfare Committee and the Board. Team building exercise. 7.4. EMPLOYEES ABSORBED BY THE BOARD e Training Workshop on Nationals Values and Principles of The Board has absorbed the following employees from National Public Service. Government: ¢ Members’ Conference and Annual General meeting of Lap Designation Number | Absorbed From Trust. oo. tay . ESP Health Staff 137 National Government e Dissemination of Guidelines on the Management of Public ESP Acriculture Staff 20 National Government Officers seconded to County Government workshop. I £ - . : ntern Doctors 11 National Government ¢ Retreat Workshop on improving legal framework for County Youth Polytechnic Instructors 35 National Government Public Service. DICECE Staff 11 National Government e Conducted suitability interview for employees of former Health Personnel Capacity 2 Capacity Bridge Local Authorities. Staff 7.2 DEVELOPMENT OF POLICIES AND REPORTS TOTAL 236 The Board has developed the following Policies and Reports: 7.5 EMPLOYEES RECRUITED BY THE BOARD PAID BY e Migori County Human Resource Policy. FACES e Strategic Plan for Migori County Public Service Board. The Board has recruited the following employees who are paid by e Migori County Public Service Board Bill, 2015. RACE. . or . . Designation Number e Service Charter for Migori County Public Service Board. e Suitability Interview Report. FACES Health Staff 140 e Report on the Status of Casuals in Migori County. TOTAL 140 e Report on Compliance with National Values and Principles of 7.6 DISTRIBUITON OF EMPLOYESS APPOINTED BY Public Service in Migori County. MCPSB BY GENDER gs y. e Regular Reports on the Execution of Functions of the Board. Gender Number Percentage eau tation t By e Report on elimination of Waste in Migori County. onsuiiion 7.3 EMPLOYEES RECRUITED BY THE BOARD Male 420 61% 70% . : Female 263 39% 30% The Board has recruited the following employees: TOTAL 683 100% 100% Designation Number The Pie chart and Bar graph below indicate the distribution of CEC i employees by Genders: County Secretary 1 Chief Officers 12 Directors 14 Sub County Administrators 8 Ward Administrators 40 Director Human Resource 1 Director Procurement 1 Director Internal Auditor 1 Director Gender 1 Deputy Director Gender 1 Deputy Director Supply Chain Management 1 Fundraising Manager 1 Administrative Assistant IT 3 Drivers 58 Members of County Policing Authority 8 Legal Advisor 1 Payroll Manager 1 Managing Director MIKUTRA 1 Director ICT 1 Physical Planners 3 Accountants at Accounts Assistant 3 Female Female, 263 Clerical Officers 99 Office Messengers 36 Market Attendants 154 Medical Laboratory Technician 22 Enrolled Nurse II 82 Clinical Office III 50 Print Reporter 1 Male Male, 420 Online Reporter 1 Printing Technician 1 Radio Reporter 2 Video Editor 1 Print Reporter 1 0 100 200 300 400 500 Video Cameraman 1 Deputy Director Protocol 1 7.7 PEOPLE WITH DISABILITY (PWD’s) APPOINTED BY Supply Chain Management Officer 7 THE BOARD 31st December, 2015 THE KENYA GAZETTE 3071 Condition Number Percentage | Requirement by the Constitution People With 13 2% 5% Disability (PWDs) Physically fit 670 98% 95% TOTAL 683 100% 100% The Pie chart below indicates PWD’s in Migori County appointed by the Board: People With Disability ~ 2% >» NOTE: Migori County Public Service Board employed ALL people with Disability (PWDs) who applied and qualified for appointment. The deficit of 3% will be filled during the subsequent recruitment 7.8 DISTRIBUTION OF EMPLOYEES APPOINTED BY THE BORAD BY ETHNICITY Ethnic Group Number | Percentage | Requirement By Connstitution Luos 448 66% 70% Others (Kuria, 235 34% 30% Suba,Luhya, Nubians, Somalis, Kikuyu, Meru )etc TOTAL 683 100% 100% 7.9 CONDUCT OF BASELINE SURVEY ON COMPLIANCE WITH NATIONAL VALUES AND PRINCIPLES OF PUBLIC SERVICE IN MIGORI COUNTY Migori County Public Service Board has conducted Baseline Survey on the Compliance with National Values and principles of Public Service in Migori County. The baseline survey covered the following areas: e Awareness of the Constitution and County Government Act, 2012. e Partnership with stakeholders to promote culture of respect and dignity of diverse communities in Migori County. e Awareness of code of conduct by employees. e Development and implementation of Policy on Gender, PWD’s and Youth in Migori County. 8.0 Participation in National Functions in Migori County. Existence of a budget for corporate social responsibilities in Migori County. Sensitization of staff and General Public on National Values and Principles of Public Service. Frequency of conducting Civic Education on the Constitution of Kenya 2010 and County Government Act, 2017. Awareness by the Public and employees of their rights and privileges. Involvement of the Public in the activities of the Migori County. Inclusion of youth, women, PWP’s and marginalized groups in the activities in Migori County. Strict and Equal applications of policies in Migori County. Access to information in Migori County. Provision of information on how to access opportunities, resources and services in Migori County. Declaration of conflicts of interest in decision making in Migori County. Development of Bills in Migori County. Enforcement of regulations and Laws in Migori County. Political interference in Migori County Implementation of Affirmative Action. Availability of Complaints desk for Customers. Extent of participation of stakeholders in policy decisions affecting. Construction of ramps to enable a friendly environment to physically challenged employees and customers in Migori County. Availability of a Braille and audio copy of the policies and manuals for visually impaired. Utilization of allocated funds in Migori County. Sensitization of employees on Public officers Ethics Act, 2003. Campaigns to educate and train staff on transparency and accountability. Monitoring and Evaluation to ensure proper management of resources. Extent of use of Technology in decision making processes and collection of revenue in Migori County. Good Governance in Migori County. Transparency in Migori County. Accountability in Migori County. Corruption in Migori County. Efficient, Effective and Economic use of financial resources, Human resources and Physical resources in Migori County. RECOMENDATIONS 1. That in line with Article 249(3) of the Constitution on funding of Commissions and Independent Offices, Treasury should ensure that adequate resources are allocated to the Board to enable it to implement its mandate as required by section 5a (1) of the County Government Act, 2012. 2. That the County should include and Monitor Gender indicators in the performance contract in order to address the issues of gender equality and the empowerment of Women in Migori County 3. That Migori County Government should develop and implement the following under gender mainstreaming: (a) Development and implementation of County Gender Policy to guide gender mainstreaming activities. (b) Collection of sex disaggregated data to guide planning and programming. (c) Conduct baseline survey to gauge the level of gender mainstreaming in Migori County. (d) Monitor compliance with the thirty percent (30%) gender representation Policy on appointments, Promotions and Recruitment. 4. That Migori undertake County Civic education forums to (e) Establishing performance contract Committee to sensitize the Public on the Constitution of Kenya 2010, and manage performance contract system in the County County Government Act, 2012. 25. That all departments should ensure that there is efficient 5. That Migori County should support and encourage women and effective use of Financial resources in the County by and Youth to organize Self- Help Groups and Co- using the following strategies: operatives. (a) Ensuring that the budgeting process is followed 6. That Migori County should conduct Baseline Survey on the strictly. impact of Women Enterprise Development Fund (WEDF) (b) Ensuring that the budget Committee has on the Economic empowerment of Women in the County. representation from all departments, 7. That Baseline survey be conducted on the impact of Youth (c) Giving ceilings to all departments according to their Enterprise Development Fund (YEDF) on the Economic financial requirements. empowerment of youth in Migori County . . . a . . (d) Ensuring that all departments generate their personnel 8. That National Values and Principles: of Public Service, budget, recurrent budget and development budget for together with the rights enshrined in the Constitution approval by the Budget Committee. should be mainstreamed in the Activities of all departments a : in the County. (e) Organizing sector hearings to ensure that all . . . , departments are given the opportunities to defend 9. That the implementation of National Values and Principles their budgets. of Public service should be included in the performance . . contract of all departments in Migori County. ()? Ensuring that the departments comply with budgetary levels. 10. That Migori County develop Public participation Policy in . . . order to give the Public the opportunity to participate in the (g) Ensuring that funds are disbursed to departments in process of the County. There should be submissions by the time i order to enable them to implement the Public on matters to do with Policies, Legislation, Budget Activities in their work plan in time. and Administrative Procedures. (h) Making sure that each department has approved 11. That employees and General Public should be sensitized on strategic plan, work plan and Budget. the Principles of Leadership and Integrity and National 26. That all departments should ensure that there is efficient Values and Principles of Public Services. and effective use of Physical resources in Migori County 12. That the Youth, Women , PWDs and marginalized groups by using the following strategies: should be involved in Activities in Migori County. (a) Allocating Vehicles to department according to their 13. That the County should accelerate the rate at which Bills requirements. are being developed and presented to County Assembly. (b) Making sure that all Vehicles which are grounded are 14. That Baseline survey be conducted on Customer repaired and allocated to the various departments. satisfaction in Migori County. (c) Ensuring disposal of obsolete assets in the County. 15. That a database of PWDs, Women and Youth capturing (d) Acquiring land and _ constructing offices for their qualifications and experience should be established. departments instead of renting offices for 16. That Principles of equality and freedom from departments. discrimination should be integrated in all County Policies, 27. That Migori County Public service Board should ensure Laws and administrative regulations in all Public and that all departments in the County are complying with Private Institution in Migori County. National Values and Principles of Public Service using the 17. That the County Should ensure Mainstreaming of issues of following strategies: gender, Persons With Disabilities (PWDs) and (a) Ensuring implementation of National Values and marginalized groups in the County Policies and Principles of Public Service by all. development Plans. (b) Initiating a rewards scheme that Departments 18. That Migori County Conduct audits on the status of special recognizes outstanding Public Institutions and Public interests groups including minorities, Marginalized groups, Officers in Service delivery in the County. Persons With Disabilities (PWDs), Women, Youth and (c) Motivating Public Institutions and Officers to Children in Migori County. enhance efficiency and effectiveness in the service to 19. That the County Should Develop and implement County citizens of Migori County. Policy on Gender and development. 28. That the County should establish institution framework to 20. That the County should ensure that there are Gender Desks monitor and evaluate the implementation of the Principles in all department, Institutions and Public Offices in the of Leadership and Integrity and National Values and County. Principles of Public Service in the County. The institutional 21. That the County should develop County Social protection framework may include the following: Policy. “* County Executive Committee Members. 22. That the County develop County Policy on Community “* County Assembly. development. “The Media. 23. That the County develop and implement code of Ethics that “* Migori Public Service Board. prescribes standards of conduet and integrity to be ¢ Members of Parliament in Migori County. complied with by all Migori County employees. “* National Cohesion and Integration Commission. 24. That all departments should ensure that there is efficient, “ County Chief Officers, effective and economic use of Human Resources by using . . : oe “+ County Directors. the following strategies: 1 . . ” ivi iet izati . (a) Ensuring that staff establishment and organogram for . Civil Society Organiza tons (SCOs). the County is developed and approved by County * Maendeleo Ya Wanawake in Migori County. Executive Committee and County Assembly for ¢* Sub-County Administrators. implementation by various departments “= =Ward Administrators. (b) Ensuring that all employees in the County have Job PETERLIS NYATUGA, descriptions that states clearly their duties and Chairman, responsibilities MR/8448698 Migori County Public Service Board. (c) Ensuring that staff appraisals are conducted quarterly (d) Putting all employees on performance contract GAZETTE NOTICE NO. 9642 THE ANTI-CORRUPTION AND ECONOMIC CRIMES ACT 31st December, 2015 (Cap. 65) THE ETHICS AND ANTI-CORRUPTION COMMISSION ACT (Cap. 65A) THE ETHICS AND ANTI-CORRUPTION COMMISSION THE THIRD QUARTERLY REPORT FOR THE YEAR 2015 COVERING THE PERIOD 1ST JULY TO 30TH SEPTEMBER, 2015 Preamble The Ethics and Anti-Corruption Commission is required under section 36 of the Anti-Corruption and Economic Crimes Act, 2003, to prepare quarterly reports setting out the number of reports made to the Director of Public Prosecutions under section 35 of the Anti- Corruption and Economic Crimes Act, 2003 as read with section 11(1) (d) of the Ethics and Anti-Corruption Commission Act, 2011. Section 36 provides that: 1. The Commission shall prepare quarterly reports setting out the number of reports made to the Director of Public Prosecutions under section 35 and such other statistical information relating to those reports, as the Commission considers appropriate. 2. A quarterly report shall indicate if a recommendation of the Commission to prosecute a person for corruption or economic crime was not accepted. 3. The Commission shall give a copy of each quarterly report to the Attorney-General. 4. The Attorney-General shall lay a copy of each quarterly report before the National Assembly. 5. The Commission shall cause each quarterly report to be published in the Gazette. This report is therefore made pursuant to section 36 of the Anti- Corruption and Economic Crimes Act, 2003. The report covers the Second Quarter of the year 2014, and is for the period commencing | st July, 2015 to 30th September, 2015. INVESTIGATION REPORTS COVERING THE PERIOD 1ST JULY TO 30TH SEPTEMBER, 2015 EACC/OPERATIONS/INQ/13/15 Inquiry into allegations of Procurement irregularities and abuse of office against the Chief Executive Officer (CEO) of Kenya Trade Network Agency Investigations established that the Chief Executive Officer (CEO) of Kenya Trade Network Agency approved air tickets at KENTRADE for non-staff members. One member was travelling from United Kingdom to Kenya to take up a job with KENTRADE while the other one was issued the air ticket to facilitate his travel from Kisumu to Nairobi and back, to have a discussion with the CEO about a complaint that he had made on the unfair employment of the General Managers at KENTRADE. Investigations further established that after a tender was awarded for the refurbishment of the offices, during the course of execution of the contract, it was realized that some works namely ceiling decoration and services installation had not been factored. As a result another tender was awarded to include acoustic ceiling, gypsum ceiling decoration, air condition improvement and washrooms at KENTRADE headquarters. Investigations established that the CEO authorized a Contractor, to commence the said additional works before approval by the Tender Committee. Investigations established that after the Tender Committee deliberated on the tender, it did not approve the award to the contractor identified by the CEO. This was notwithstanding the fact that the contractor had done the work. Investigations established that the CEO was in breach of the Public Procurement and Disposal Act and Regulations by awarding a contract to a contractor without the requisite approval by the Tender Committee. A Report was compiled and forwarded to the Director of Public Prosecutions on 7th July, 2015 recommending that the Chief Executive Officer, KENTRADE be charged with the offences of abuse office contrary to section 46 and failure to comply with the applicable procedures and guidelines relating to procurement contrary to section 45(2) (b) as read with section 48 of the Anti-Corruption and Economic Crimes Act, 2003. On 31st July, 2015, the DPP accepted the recommendation for prosecution of the CEO and the Nairobi County Works Officer. In addition, he advised that administrative action be taken against the CEO in respect of the air tickets that he approved for non-staff members. EACC/FI/INQ/3 1/2014 Inquiry into allegations of alleged misappropriation of KSh. 34 million Development grant by the Ministry of Industrialization to Export Processing Zone Authority (EPZA) Investigations established that the Ministry of Trade and Industry disbursed funds in the form of Government Grants to EPZA totaling to KSh. 51,000,000.00 in three tranches. The funds were meant for EPZA infrastructure project consultancy services for construction of a sewer line within the EPZA premises. EPZA confirmed that the money was received in their National Bank account. The funds were posted in EPZA’s cash book on respective dates of receipt and finally recognized in their audited financial statements for the financial year 2011/2012. Investigations further revealed that after a competitive process, a company was awarded the contract (tender No.EPZA/2/OP/CON/2010/11) to offer consultancy services for Design and Preparation of Bid Documents for Infrastructure Services at a contract price of KSh. 34,158,584.00. EPZA and the company signed a contract agreement on 8th June, 2011 and commenced and completed the works as stipulated in the contract agreement and submitted the final design report to EPZA in February, 2012. From the KSh. 51,000,000.00 received by EPZA in form of Government grants, the company was paid KSh. 34,158,583.00 for offering consultancy services for Design and Preparation of Bid Documents for Infrastructure Services of Phase II. The payments were made after its work was evaluated and found satisfactory. Investigations did not reveal any irregularities or culpability to warrant any action against officials of EPZA. A Report was compiled and forwarded to the Director of Public Prosecutions on 10th July, 2015 recommending the closure of the inquiry file. On 31st July, 2015, the DPP accepted the recommendation for closure. EACC/KSM/FI/INQ/37/2015 Inquiry into allegations of obstruction against the Clerk of the Vihiga County Assembly and the Vihiga County Assembly Senior Accountant Investigations established that the Clerk of Vihiga County Assembly directed Procurement officers not to hand over to EACC investigators, the documents that had been requested by Commission in respect of allegations of embezzlement of public funds and abuse of office at the County Assembly. Investigations established that the documents were instead taken by the Senior Accountant of the Vihiga County Assembly who failed to hand over the whole batch of requested documents. Instead, she gave to the EACC investigators a few documents and promised to release the rest later which she did not. Investigations further revealed that the Clerk instructed all the staff in the Procurement Unit to remain indoors so as not to be seen by the EACC investigators who were carrying out investigations. The Clerk also gave false information to the EACC investigators indicating that since the Procurement Officers were out of office, he could not retrieve the documents requested for. He further frustrated the EACC investigators’ efforts to record relevant statements from employees and officials of the County Assembly by instructing them not to report on duty. This conduct by the suspects amounted to obstruction of EACC Investigators and giving misleading information. A Report was compiled and forwarded to Director of Public Prosecutions on 10th July, 2015 with recommendation that (i) The Clerk of the Vihiga County Assembly and the Senior Accountant be charged with the offence of failing to comply with a written notice to provide information/documents contrary to section 27(3) as read with section 27(4) of the Anti-Corruption and Economic Crimes Act, No.3 of 2003. (ii) The Clerk of the Vihiga County Assembly be charged with the offences of obstruction contrary to section 66(1) (a) as read with section 66(2) and deceiving an investigator acting under the Anti- Corruption and Economic Crimes Act, No. 3 of 2003 contrary to section 66(1) (b) as read with section 66(2) of the Anti-Corruption and Economic Crimes Act, No.3 of 2003. (iii) The Vihiga County Assembly Senior Accountant be charged with offences of concealing and altering documents contrary to section 66(1) (c) as read with section 66(2) of the Anti-Corruption and Economic Crimes Act No.3 of 2003. On 31st July, 2015, the DPP accepted the recommendation for prosecution. EACC/ELD/FI/INQ/07/2015 Inquiry into allegations of fraudulent acquisition of public money belonging to Chepkurkur S. A. Primary School in Mt. Elgon Constituency, Mt. Elgon Sub-County within Bungoma County by the area Member of Parliament Investigations established that the Deputy President donated money to Chepkurkur S.A. Primary School and the money was handed over to the area M.P. whose desire was to establish a girls rescue Centre. Chepkurkur S. A. Primary School management wanted to put up a boarding section for the girls. Investigations established that the M.P., invited professionals who registered a community center under the Ministry of Gender, Children and Social Development. Upon registration of the Centre and the opening of the account at Kenya Commercial Bank Kimilili, the M.P., deposited the cash donation of KSh. 500,000 to the Centre’s account and the cheque donation to the school’s account since the cheque had been drawn in the school’s name. Investigations further established that the money is now with the Primary School Board of Management for the implementation of the project. Investigations did not establish that the area M.P. fraudulently acquired public money. A Report was compiled and forwarded to Director of Public Prosecutions on 14th July, 2015 with recommendation that the inquiry file be closed. On 31st July, 2015, the DPP accepted the recommendation for closure. EACC/ FI/INQ/06/2014 Inquiry into allegations of irregular procurement of a fully furnished residential property for the Hon. Chief Justice/President of the Supreme Court Investigations established that after the need arose to acquire a residence for the Chief Justice, procurement process commenced to identify a suitable residential premise. Investigations further established that whereas the Evaluation committee recommended that the tender for the purchase of a residence for the Chief Justice be awarded to the lowest evaluated bidder, the tender was awarded to a non-responsive bidder at a higher bid price. At the time the Judiciary purchased the property Runda 131, it was still charged to a bank for KSh. 80,000,000 and thus encumbered. Investigations further revealed that whereas the tender was for a fully furnished residential property, the award made was exclusive of furniture. Investigations further established that there was no valuation of the property that Judiciary purchased to guarantee that the price paid for it was within the prevailing market prices; and there was no sufficient budgetary allocation for the purchase. Investigations established that the Chief Registrar, Deputy Chief Registrar and Members of the Judiciary Tender Committee were culpable for the irregularities in the procurement for the Chief Justice’s residence. A Report was compiled and forwarded to Director of Public Prosecutions on 15th July, 2015 with recommendation that the then Chief Registrar and the Accounting Officer of the Judiciary be charged with the offences of abuse of office contrary to section 46 and willful failure to comply with the law relating to management of funds contrary to section 45(2) (b) of the Anti-Corruption and Economic Crimes Act, 2003. The Chief Registrar, the Deputy Chief Registrar and the other suspects who are employees of the Judiciary be charged with the offence of engaging in a project without prior planning contrary to section 45(3) as read with section 48 of the Anti- Corruption and Economic Crimes Act, 2003; and the members of the Judiciary Tender Committee be charged with the offence of willful failure to comply with the law and applicable procedures relating to tendering of contracts contrary to section 45(2) as read with section 48 of the Anti-Corruption and Economic Crimes Act, 2003. On 31st July, 2015, the DPP accepted the recommendation for prosecution. EACC/NYR/FI/INQ/08/2014 Inquiry into allegations of corruption against officers of the County Government of Isiolo Investigations established that the Head of Procurement and Supply Chain Management of the County Government initiated the procurement of empty branded gunny sacks by the County Government of Isiolo by way of restricted tendering rather than open tendering, without the requisite authorization of the standing Tender Committee of the County Government of Isiolo. This was in breach of the Public Procurement and Disposal Act and Regulations. Investigations further established that the Isiolo County Chief Executive Committee Member in charge of Finance and Economic Planning and the Head of the Isiolo County Treasury authorized expenditure for the branding of relief food packaging, without the requisite authorization of the Isiolo County Executive Committee. A report was compiled and forwarded to Director of Public Prosecutions on 14th July, 2015 recommending that the Isiolo County Executive Committee Member in charge of Finance and Economic Planning and the Interim Head of Procurement and of Supply Chain Management be charged with the offences of carelessly failing to comply with laws, applicable procedures and guidelines relating to the incurring of expenditures contrary to Section 45(2) (b), engaging in a project without prior planning, contrary to Section 45(2) (c) and abuse of office contrary to section 46 as read together with Section 48(1) and section 48(2) of the Anti-Corruption and Economic Crimes Act, 2003. It was further recommended that the members of the Tender Committee be charged with the offences of carelessly failing to comply with laws relating to the management of funds by a public entity, contrary to section 45(2) (b) as read together with Section 48(1) of the Anti-Corruption and Economic Crimes Act, 2003 and the County Government Officials jointly with the directors of and the company awarded the contract for the supply of the gunny bags with the offence of conspiracy to commit an economic crime, contrary to Section 47A(3) of the Anti-Corruption and Economic Crimes Act, 2003. On 31st July, 2015, the DPP returned the file for further investigations. EACC/AT/INQ/16/2015 Inquiry into allegations that the Investment Secretary used her office to deprive former employees of the Kenya Railways Corporation House Number LR.3734/89 that had been set aside for purchase under the Tenant Purchase Scheme Investigations established that at the time the suspect made an offer to purchase the house, she was the Investment Secretary and did not hold any position with the Kenya Railways Corporation Board. However, the evidence obtained has not shown that she in any way used her position to acquire the house. The decision to sell her the house at KSh. 6.5 million was made by Kenya Railways after she made an offer thereof. The investigation did not reveal that she influenced the decision to sell the house to her at the abovementioned price. She paid the consideration to Kenya Railways and the payment was acknowledged. The Commission was of the considered opinion that the evidence obtained in the investigations did not disclose culpability on the part of the Investment Secretary or any other officer of Kenya Railways to warrant criminal prosecution or any other action against her. A Report was compiled and forwarded to Director of Public Prosecutions on 15th July, 2015 with recommendation that the inquiry file be closed. On 31st July, 2015, the DPP accepted the recommendation for closure. EACC/KSM.INQ/FI/03/2014 Inquiry into allegation of irregular procurement of Motor Vehicles Insurance cover by the Head of Supply Chain Management at the County Government of Nyamira Investigations established that the County Head of Supply Chain Management procured motor vehicle comprehensive insurance cover on 10th January, 2014 which was before the commencement of the aforesaid irregular tendering process. Further she flouted the provisions of the Public Procurement and Disposal Act (PDDA) as she did not involve the Tender Committee in the procurement; and she did not seek the Tender Committee’s authority to directly procure the ‘temporary’ cover thus committing the County Government of 31st December, 2015 Nyamira to contractual obligations with UAP Insurance Company through an oral contract. A Report was compiled and forwarded to the Director of Prosecutions on 27th July, 2015, recommending that the suspect be charged with the offence of abuse of office contrary to section 46 as read with section 48 (1) of the Anti-Corruption and Economic Crimes Act No. 3 of 2003. On 27th August, 2015, the DPP advised that further investigations be carried out. EACC/FI/INQ/73/2015 Inquiry into allegations against the Chief Executive Officer of the National Water Conservation and Pipeline Corporation (NWCPC) of impropriety of funds meant for construction of Muruny/Siyoi Dam in West Pokot County in the Compensation of Land owners displaced by the Dam Construction Project Investigations established that the allegation of impropriety of funds as far as the compensation for the parcels of land is concerned is not supported by available evidence. Investigations established that the compulsory acquisition including survey and valuation of the identified land was undertaken through a lawful process. It was carried out in accordance with Section 162 (2) of the Land Act, No.6 of 2012 wherever applicable. Further, the land owners accepted the awards and were all compensated through payments made in the individual and or joint accounts hence there is no pending claim. The investigation did not establish embezzlement of funds in regard to the compensation of land owners displaced by the dam construction project. A Report was compiled and forwarded to the Director of Prosecutions on 27th July, 2015, recommending that the file be closed without any further action. On 27th August, 2015, the DPP accepted the recommendation for closure. EACC/FI/INQ/08/2014 Inquiry into allegations that the Board of Trustees of the National Social Security Fund (NSSF) irregularly approved a budget of KSh. 5,053,520,321.06 for the regularization of Tassia II Housing Scheme and awarded the tender for the scheme’s infrastructure development to China Jiangxi International Kenya Limited Investigations established that the Board in its meetings made a resolution that the management should aggressively pursue payment for the KSh. 920,000 for the in the Tassia estate with the help of the City Council which implies a regularization of the resolutions that were passed by circulation. The level of collection of the finances from the plot owners could not be ascertained. It is noteworthy that the High Court in Judicial Review Case No.218 of 2014 indicated that the tenants were expected to meet the costs of infrastructure which therefore meant that if the NSSF were to realize all the collections, it would not have to spend an amount from the Fund on infrastructure. The binding nature of the contract would mean that the NSSF would only be exposed to pay the contractual amount in case of default. The aforesaid notwithstanding, infrastructural development is a process that the NSSF cannot avoid in the transfer of title. In the absence of the transfer of the rights of ownership, NSSF would continue incurring expenses for land that it owns but not in actual possession through payment of rates and ground rent. A Report was compiled and forwarded to the Director of Prosecutions on 30th July, 2015, recommending that administrative action be taken against the Managing Trustee for exposing the Fund to contractual obligations when all the funds to finance the project had not been collected from the tenants. On 27th August, 2015, the DPP advised that further investigations be carried out in the matter. EACC/ISL/FI/INQ. 1/2015 Inquiry into allegations of manipulation of Payroll by Executive of Isiolo County through employment of casual workers Investigations established that the County Government of Isiolo appointed plant operators and fire engine personnel without due regard to the applicable laws. The County Public Service Board was not involved in the recruitment of the said personnel which was an affront of the County Government Act, 2013. The evidence pointed to the fact that the breach of the applicable law was perpetrated by the Governor and the County Secretary. This is evident from their action of actively participating in the identification of the employees. However, the actual action of employment and signing of the letters of appointment and authorization of payments among other things was done by the County Secretary. A Report was compiled and forwarded to the Director of Prosecutions on 10th August, 2015, recommending that the County Secretary be charged with the offence of abuse of office contrary to section 46 as read with section 48 (1) of the Anti-Corruption and Economic Crimes Act No. 3 of 2003. On 27th August, 2015, the DPP did not accept the recommendation for prosecution. He advised that the inquiry file be closed. EACC/FI/INQ/01/2014 Inquiry into allegations of irregular procurement in the tender for the construction of the Library and ICT Resource Centre at the Kiambu Institute of Science and Technology (KIST) for KSh. 65 Million Investigations established that the project was commenced after a proper procurement process that led to the contract being awarded to the Contractor and Sub-Contractors. However, the Contractor was issued with instructions to vary the works from the original Bills of Quantities by introducing a Ist floor cast slab. The effect of the variation was such that there were disputes which are still unresolved and a subject of an arbitration cause; and the project was not completed to be usable by the procuring entity. It is evident that the action to vary the works was a decision that was taken by the County Works Officer and the Principal of Kiambu Institute of Science and Technology without the requisite approval by the Tender Committee. A Report was compiled and forwarded to the Director of Prosecutions on 3rd August, 2015, recommending that the County Works Officer and the Principal of Kiambu Institute of Science and Technology be charged jointly with the offence of willful failure to comply with the law relating to the procurement contrary to section 45(2) (b) as read together with section 48 of the Anti-Corruption and Economic Crimes Act, 2003. The County Works Officer be charged separately with the offence of knowingly giving a misleading document to one’s principal contrary to section 41 (2) as read with section 48(1) and (2) of the Anti-Corruption and Economic Crimes Act, 2003. On 27th August, 2015, the DPP advised that further investigations be carried out in the matter. EACC/KSM/PI/INQ/1/2014 Inquiry into allegations that the Principal (AFP) of Rongo University College and his Deputy Principal have populated the Institution with their relatives and are practicing nepotism and tribalism in the Institution Investigations established that Rongo University College being a constituent college of Moi University, all recruitment procedures are guided by Moi University recruitment policy and procedure. Investigations also revealed that the council is in charge of all recruitment, though the same Council has delegated its powers to committees chaired by the Deputy Principal, Principal and by the Committee on Human Resource. Investigations further revealed that due regard on the Rules and Regulations of Rongo University College were observed in the recruitment of the said employees and the evidence obtained also does not establish that the officers involved in the recruitment process were culpable, for any wrong doing. A Report was compiled and forwarded to the Director of Prosecutions on 27th August, 2015, recommending that the file be closed. On 14th October, 2015, the DPP accepted the recommendation for closure. EACC/FI/INQ/1/2015 Inquiry into allegations that Makueni County Assembly spent KSh. 10,000,000 on a ghost Medical Cover for 48 Members of the County Assembly (MCA’S) and the Speaker of the County Assembly Investigations established that the tender for the medical cover for Members of the County Assembly (MCAs) and for the County Assembly Staff members were all awarded to an insurance company at KSh. 8,631,693.00 and KSh. 2,638,784.00 respectively and that the amounts were premiums for sum assured. Investigations established that the invoice by the Insurer submitted to the County bore the names of another Insurer. After explanations were sought, the insurer awarded the contract explained that the latter was their underwriter and hence they were entitled to handle services on their behalf. Investigations further established that the introduction of AAR as underwriter by Afro centric to Makueni County Assembly was not irregular since the merger had been accepted by the Insurance Regulatory Authority. The investigations established that the insurer appointed by the County Assembly was not a ghost company. A Report was compiled and forwarded to the Director of Public Prosecutions on 27th August, 2015 recommending that the file be closed. The Commission also recommended that an advisory be made to the Makueni County Assembly to strictly adhere to the Public Procurement and Disposal Regulations in appointments of committee members, since the Commission noted that the members of the Tender Committee were the same people who were appointed as Tender Evaluation Committee contrary to section 16 (4) of the PPDR, 2006. On 12th October, 2015, the DPP advised that further investigations be carried out. EACC/FI/INQ/53/2013 Inquiry into allegations of irregular award of the tender for the construction of Al04-CDF office Road Project at KSh. 500,000 to a contractor by the Eldoret South Constituency Development Fund Tender Committee (CDFC) during the Financial Year 2010/2011 The investigations established that the above mentioned road was amongst six roads identified for rehabilitation by the Eldoret South CFDC and it was agreed that they be funded in the FY 201/2011. The Constituency Development Fund Board approved the road projects and disbursed funds for the projects. Tenders for the roads were advertised. Interested bidders submitted their bids and a contract was awarded to the successful bidder which was pre-qualified for the FY2011/2012. The Company commenced the works but was stopped after the roads became subject of investigation by EACC following allegations that the said works were procured irregularly. No payments have been made to the contractor to date although it had performed some of the work. Investigations established that proper procurement procedure was followed in the award of the tender for the road construction. The Commission was of the opinion that the evidence obtained was not sufficient to sustain any offences or charges against the Eldoret South CDFC members. A Report was compiled and forwarded to the Director of Public Prosecutions on 28th August, 2015 recommending that the inquiry file be closed. On 14th October, 2015, the DPP accepted the recommendation for closure of the inquiry file. EACC/ELD/F 1/INQ/09/2014 Inquiry into allegations of misappropriation of over KSh. 28 million in paying for uncompleted/undone work at the Langas Market by a Kericho County Government (CEC) for Lands, Housing and Physical Planning in a project funded by the Kenya Slum Upgrading Program (KENSUP) Investigations established that an International Company was awarded the contract for the construction of the market by the Ministerial Tender Committee on 19th April, 2012 via contract No.MH/KENSUP/04/2011. The payment of KSh. 3,811,599.00/- was properly processed in favour of the contractor after the Clerk of Works of Uasin Gishu County Government and the Contractors’ representative prepared the first valuation on 5th October, 2012. The 2nd, 3rd and 4th valuations were prepared by the County Executive for Lands Housing and Physical Planning and payment in that respect processed by the Assistant Director and Directorate of Housing who confirmed that he processed the payment vouchers totalling to KSh. 28,340,228.70. Investigations established that the payment made was irregular since the County Executive for Lands Housing and Physical Planning had no authority to prepare the valuations and the payment was made for work not done. The terms of the contract were severely breached and even after concerns were made concerning unsatisfactory work, the suspect ignored the advice and made valuations. These valuations were approved by the Assistant Director in the Housing Directorate whilst knowing that the CEC had no authority to do any valuations. The evidence revealed that documents were forged and the two suspects acted in cahoots with the directors of the contractor to embezzle money in regard to the market project. A Report was compiled and forwarded to the Director of Public Prosecutions on 28th August, 2015 recommending that the then Senior Architect in the defunct Municipal Council of Eldoret and now the CEC for Lands, Housing and Physical Planning be charged with the offences of abuse of office contrary to section 46 and failure to comply with the law/applicable procedures and guidelines relating to management of public funds or incurring of expenses contrary to section 45(2) (b) as read with section 48(1)(a) of the Anti-Corruption and Economic Crimes Act, 2003. The Assistant Director, Directorate of Housing be charged with the offences of fraudulently making excessive payment from Public Revenue contrary to section 45(2) (a) failure to comply with the law/applicable procedures and guidelines relating to management of public funds or incurring of expenses contrary to section 45(2) (b) and abuse of office contrary to section 46 as read with section 48(1) of the Anti-Corruption and Economic Crimes Act, 2003. A Senior Architect in the defunct Municipal Council of Eldoret, Assistant Director, Directorate of Housing, a Limited Liability Company registered as in Kenya and Directors of FOMCO International Limited be charged jointly with the offence of conspiracy to commit an Economic crime contrary to section 47(A) (3) as read with section 48 (1) of the Anti-Corruption and Economic Crimes Act, 2003; and the company and its directors be charged jointly with the offence of fraudulent acquisition of public funds contrary to section 45(1) (a) as read with section 48(1) of the Anti- Corruption and Economic Crimes Act, 2003. On 16th October, 2015, the DPP accepted the recommendation for prosecution. EACC/FI/INQ/60/2015 Inquiries into allegations against the Chief Executive Officer of the National Water Conservation and Pipeline Corporation (NWCPC) for impropriety of funds in the construction of Muruny/Siyoi Dam in West Pokot County Investigations established the process of procurement for the construction of the Muruny-Siyoi Dam was legitimate, the procuring entity having followed all the procurement processes as is stipulated under the Public Procurement and Disposal Act and Regulations thereto. Further, the project was within the plan and was sufficiently budgeted for and the money disbursed has so far been utilized in accordance with the contract. A Report was compiled and forwarded to the Director of Public Prosecutions on 28th August, 2015 recommending that the inquiry file be closed without any further action. On 16th October, 2015, the DPP accepted the recommendation for closure. EACC/FI/INQ/09/2014 Inquiry into allegations of corruption against officers of the Nursing Council of Kenya who had been operating a secret bank account that was not known to Nursing Council of Kenya Board (NCK) Investigations established that the Workforce account was officially opened in 2003 and it was secretly being operated by two officers of Nursing Council of Kenya; the Officer in charge of Finance Department and former Registrar at Nursing Council of Kenya respectively. They both secretly wrote to the bank on 22nd September, 2014 instructing the Manager to close the account when the former Registrar at NCK was asked to give the financial status of NCK to the Acting Registrar. Numerous cash withdrawals from the Workforce account have been traced with corresponding deposits in the Officer of Finance Department’s bank accounts held at Barclays Bank Queensway branch. The cash books and reports to the Finance Committee of the Board provided the Finance officer reflected only two bank accounts, one in Cooperative Bank and the other in Barclays Bank. This deliberately concealed the activities of the Workforce account from the Finance Committee and the Board. Investigations further established that, the funds received by NCK from the donor were withdrawn from the Work Force account within the first two months i.e. between December 2013 and January 2014 whereas the project was to run up to October, 2014, an indication that the suspects withdrew and used the donor money for other purposes and thereafter sourced for funds from other sources to run the project that was ongoing. A Report was compiled and forwarded to the Director of Public Prosecutions on 4th September, 2015 recommending that the then Registrar of Nursing Council of Kenya and the officer in charge of Finance Department be charged jointly with the offences of fraudulent 31st December, 2015 acquisition of public property contrary to section 45(1) (a) abuse office contrary to section 46 and conspiracy to commit an Economic Crime contrary to section 47(a) (3) as read with section 48(1) of the Anti- Corruption and Economic Crimes Act, 2003. The Commission further recommended that the Officer in charge of Finance Department be charged with the offences of failure to comply with a written notice to produce records contrary to section 28(9) (a) as read with section 28(9) of and knowingly using a misleading document to one’s principal contrary to section 41(1) as read with section 48(1) of the Anti- Corruption and Economic Crimes Act, No. 3 of 2003. The Commission will also institute recovery proceedings against the suspects in respect of the embezzled funds. On 14th October, 2015, the DPP advised that further investigations be carried out in the matter. EACC/FI/INQ/80/2015 Inquiry into allegations that the Cabinet Secretary for Energy and the Managing Director, Kenya Power and Lighting Company respectively, embezzled KSh. 90 million transferred by KPC to KPLC Investigations established that the only payment made to KPLC by KPC was in respect of payment of electricity bills for power consumed by KPC in its various operations and pumping stations. The head of budget and finance at KPLC confirmed that indeed KPLC billed KPC for energy consumed and contractual services. The statement of finances and the report of the auditor general in regard to KPLC for the year 2012-2014 were also obtained. They did not show that any amount of KSh. 90 million was received by KPLC. Further investigations revealed that there is nothing to show that indeed a sum of KSh. 90 million was transferred from KPC to KPLC and later fraudulently acquired by the suspects. The evidence obtained did not establish that the Cabinet Secretary for Energy and the Managing Director of Kenya Power and Lighting Company were culpable for fraudulent acquisition of KSh. 90 million to warrant any action against them. A Report was compiled and forwarded to the Director of Public Prosecutions on 7th September, 2015 recommending that the inquiry file be closed without any further action. On 16th October, 2015, the DPP re-submitted the file and advised that it be left open pending the outcome of further investigations. EACC/FI/INQ/72/2015 Inquiry into allegations of irregular acquisition of a parcel of land belonging to Kenya Commercial Bank by a lawyer and a former Chief of Staff at the office of the Prime Minister Investigations revealed that the property in question was not acquired by the suspect but by the tenant as per the terms of a consent that was recorded in court after KCB and the tenant negotiated and agreed to settle the dispute amicably. There is no evidence linking the suspect with the transactions involving the sale and transfer of the said property as confirmed by the records obtained from the lands department. A Report was compiled and forwarded to the Director of Public Prosecutions on 7th September, 2015 recommending that the inquiry file be closed. On 16th October, 2015, the DPP advised that further investigations be carried out in the matter. EACC/KSM/FI/09/2014 Inquiry into allegation that the Migori County Government irregularly awarded a contract to Speedway Technical Company Limited for the supply of water pipes through single sourcing and made a payment of KSh. 7,004,500.00 before delivery of the pipes Investigations revealed that the Head of Supply Chain Management, whose duties include advising the County Government on the procurement regulations advised the County Director of Water at the County Government of Migori and the Deputy Director at the Migori County Government to undertake direct procurement in the supply and delivery of the water pipes while fully aware that the legal requirements to justify the use of such an alternative procurement procedure applicable had not been satisfied. Investigations further revealed that direct procurement was used in the procurement of the relevant water pipes without the procuring entity obtaining the written approval of its Tender Committee as provided for in the Public Procurement and Disposal Act, 2005. Further, the Tender Committee of the Migori County Government was never involved in the procurement process for the supply and delivery of the relevant water pipes. Investigations further established that the water pipes were not inspected by an Inspection and Acceptance Committee as provided for in the Public Procurement and Disposal Regulations, 2006, yet a payment voucher was issued and payment subsequently made. A Report was compiled and forwarded to the Director of Public Prosecutions on 8th September, 2015 recommending that the Head of Supply chain Management, County Director of Water and Deputy Director of Water be charged with the offences of willful failure to comply with the law and regulations relating to procurement contrary to Section 45 (2) (b) and abuse of office contrary to Section 46 as read with Section 48 (1) of the Anti-Corruption and Economic Crimes Act, 2003. On 6th November, 2015, the DPP accepted the recommendation for prosecution. EACC/NYR/FI/03/2014 Inquiry into allegations of corruption against officers of the County Assembly of Nyeri Investigations revealed that the Annual Procurement Plan showed that the Nyeri County Assembly had appropriately planned for the expenditure on account of the procurement of the two motor vehicles. While procuring the two motor vehicles, the County Assembly of Nyeri adhered to the terms of the Supply Circular issued by the Supplies Branch of the Ministry of Public Works. The receipt and the statement of Account are clear that the entire sum paid by the County Assembly of Nyeri to Toyota Kenya Limited on account of the two motor vehicles was KSh. 14,236,640.56. The purchased motor vehicles were inspected prior to delivery and a Vehicle Inspection Report prepared. There was no evidence of impropriety on the part of the County officers involved in the purchase of the said vehicles. A Report was compiled and forwarded to the Director of Public Prosecutions on 9th September, 2015 recommending that the inquiry file be closed. On 28th October, 2015, the DPP accepted the closure of the inquiry file. EACC/FI/INQ/57/2014 Inquiry into allegations of conflict of interest by the Engineering Manager, Kenya Pipeline Corporation in the Period 2012 to 2014 Investigations revealed that KPC commenced procurement in regard to several items required by the Engineering Department. Investigations further established that the requisitions for the said items were made by the suspect who is the Engineering Manager. Investigations established that in all the four procurements, the contracts were awarded to a company associated with the suspect either as a director or shareholder, or his children were shareholders. Investigations further revealed that the suspect did not disclose his interest in the said company and in some instances participated in the deliberations for the award. This amounted to conflict of interest and was in breach of the Public Procurement and Disposal Act and the Anti- Corruption and Economic Crimes Act, 2003. Further evidence revealed that the suspect received a quantifiable benefit from the said contracts. A Report was compiled and forwarded to the Director of Public Prosecutions on 9th September, 2015 recommending that the Engineering Manager be charged with the offences of failure to disclose a private interest to one’s principal contrary to Section 42(1) and knowingly holding a private interest in a contract connected with a public body contrary to Section 42 (3) as read with Section 48(1) of the Anti-Corruption and Economic Crimes Act, 2003. On 22nd October, 2015, the DPP accepted the recommendation for prosecution. EACC/FI/INQ/84/2014 Inquiry into allegation of violation of procurement laws in the process of Development of 900 — 1,000 MW coal fired power plant at Lamu by Public Officers of the Ministry of Energy and Petroleum under public private partnership arrangement Investigations revealed that when the Public Private Partnerships Act, 2013 came into force in February 2013, the project was listed amongst the National Priority list of the Public Private Partnerships with KENGEN as the contracting authority. The Public Private Partnership list of priority projects was tabled before the cabinet and approved prior to publishing on Public Private Partnership website and on major newspapers on 31st December, 2013. The Ministry of Energy and Petroleum commenced the implementation of the development of a 960 — 1000 MW coal fired power plant in Lamu by floating tender Number MOEP/RFP/152013-14. Thereafter it placed advertisement of Expression of interest for the project in the regional newspaper between 28th September and 4th October, 2013. A total of twenty six (26) applicants expressed interest which were evaluated by a team of officers appointed by the accounting officer of the Ministry. The Evaluation shortlisted nine (9) firms and after re- evaluation exercise, one firm (HCIG Energy Investments Company Limited) was found to qualify for short listing which brought the total number of short listed firms to ten. Investigation established that there was no evidence to support the allegation of sneaking in of the Gulf Consortium at the Request for Proposal stage since the tendering process was above board. Investigations established that although one of the bidders included in their consortium was a company which was in a prior consortium that did not qualify, this was allowed under the Public Private Partnership Regulations. The Public Private Partnerships Unit and the Attorney General also gave an opinion confirming that there was no illegality in the procurement process. No irregularities were detected in regard to the said procurement to warrant any action against any of the officers involved. A Report was compiled and forwarded to the Director of Public Prosecutions on 15th September, 2015 recommending that the inquiry file be closed. On 17th November, 2015, the DPP accepted the recommendation for closure. EACC/ELD/FI/INQ.4/2014 Inquiry into allegations that the speaker of the County Assembly of Elgeyo Marakwet took allowances purporting to have travelled to Atlanta-Georgia, United States of America, a trip he never went Investigations established that the Speaker of the County Assembly of Elgeyo Marakwet was invited to attend a conference in Atlanta, Georgia from August 11th to 15th 2013. He received an imprest of KSh. 258,144.60 in respect of the conference whereby the money was banked in his account at Equity bank, Iten Branch on 8th August, 2013. Investigations however established that the Speaker did not travel for the conference due to Visa challenges. He did not surrender the money in spite of being aware that he did not take the trip. He refunded the money after EACC commenced the investigations against him in 2014. It is further on record that he was advised accordingly when the trip aborted. A Report was compiled and forwarded to the Director of Prosecutions on 16th September, 2015, recommending that the suspect be charged with the offence of failure to comply with the law/applicable procedures and guidelines relating to management of public funds or incurring of expenditure contrary to section 45(2) (b) as read with section 48(1) (a) of the Anti-Corruption and Economic Crimes Act, 2003. On 16th October, 2015, the DPP accepted the recommendation for prosecution. EACC/NYR/FI/INQ/18/2015 Inquiry into allegations of irregular procurement of furniture at Nyeri County Assembly for both the Office and the 30 Wards from Seiwa Furniture and Interior Designers worth KSh. 13,787,436 Investigations established that the annual procurement plan for FY 2013/2014 shows that the Nyeri County Assembly had appropriately planned for the expenditure on account of the procurement of office furniture for the County Assembly and 30 ward offices estimated at a cost of KSh. 15 million under the vote head-319010301 County Assembly Administration title 3111000 purchase of furniture and general equipment. As such, the budgetary and procurement planning was in accordance with the terms of Section 26(3) (a) of the Public Procurement and Disposal Act, 2005. On 7th August, 2013 the County Assembly of Nyeri put a tender notice in local dailies inviting sealed tenders from interested firms for pre-qualification of suppliers, contractors and consultants for FY 2013/2014. Among the tenders advertised was tender No.NCA/P/16/2013/2014 — prequalification of supply and delivery of furniture, fittings and office equipment. Further, the Committee analyzed various quotations among them quotation for supply and delivery of furniture for County Assembly of Nyeri 30 wards and block A, B and C offices. They resolved to award the tender to the lowest bidder which was Seiwa Furniture and Interior Designers at a cost of KSh. 13,460,778 and County Assembly Board was notified where they decided to visit the bidder where due diligence was carried out. Further evidence established that the specifications on the LPOs conformed to the quantities delivered. It was also confirmed that the materials for furniture were brought to the County Assembly offices where the furniture was assembled to fit into different offices. From the evidence obtained no offence of conflict of interest was disclosed, section 42 of the ACECA, any offences under section 38 as read together with section 41 of the ACECA and section 40 as read together with section 44 of the ACECA. A Report was compiled and forwarded to the Director of Public Prosecutions on 23rd September, 2015 recommending that the inquiry file be closed. On 16th October, 2015, the DPP accepted the recommendation for closure of the inquiry file. EACC/EL/INQ/26/2015 Inquiry into allegation of inappropriate conduct by Second Secretary — Legal, Embassy of Kenya Stockholm Sweden in breach of the Constitution of Kenya, the Leadership and Integrity Act, by use of abusive language against a public officer Investigations established that an EACC investigator sent an email to the suspect who is based in the Kenya Embassy Sweden requesting for further details to enable EACC process his request for approval to operate a foreign bank account. Investigations established that the officer instead of responding to the request sent an email back to the EACC officer using vulgar language. The suspect did not deny that he sent the abusive email to a public officer, but alleged that he thought the public officer was an internet fraudster and he mistook the request for a PIN number to be his bank PIN. Investigations established that the conduct of the suspect was in violation of the Leadership and Integrity Act, which requires that public officers treat other public officers and members of the public with courtesy and respect. His conduct amounted to breach of the General Leadership and Integrity Code, the Public Officer Ethics Act and the Ministry of Foreign Affairs (MFA) Code of Ethics. A Report was compiled and forwarded to the Director of Public Prosecutions on 25th September, 2015 recommending that the matter be referred to the Public Service Commission (being the Responsible Commission) to take appropriate administrative action against the Second Secretary — Legal, Embassy of Kenya Stockholm Sweden for violations of Chapter Six of the Constitution and more particularly Sections 11 (b), 7 (1) and 24 of LIA, Section 9 (1) of the Public Officer Ethics Act, as well as breach of the Ministry of Foreign Affairs and International Trade Staff Code of Conduct and Ethics, and the Code of Regulations for Civil Service. On 14th October, 2015, the DPP accepted the recommendation for administrative action. EACC/MSA/FI/INQ/06/2015 Inquiry into allegation of irregular allocation of Mwembe Tayari Public Market Block VXII/MI/552 to private ownership by the Governor of Mombasa Investigation established that the Mwembe Tayari Market situated in property BLOCK XVIII/552 is a public property owned by the then Municipal Council of Mombasa. The same is currently managed by its successor the County Government of Mombasa. Investigations established that it was the top-roof of the said property that has been leased to the former Member of Parliament for East African Assembly and the businessman for a period of 99 years since 1996, for purposes of developing parking bay for their customers visiting their business 31st December, 2015 centre (Nawal) adjacent to it. However, the parking bay is dormant due to the damages occasioned by fire in 2003. Investigations did not establish any irregularities in the leasing of the roof top of the said market to warrant any action against the officials. However, the main concer that arose in relation to the property is the pending proposal by the lessees to renovate, reconstruct and develop the market into a modern first class market after lawful approval variation of use of the said property from its original purpose. Negotiations between the traders, the lessees and the Governor of Mombasa County Government are still ongoing. The investigation did not reveal any irregularities. A Report was compiled and forwarded to the Director of Public Prosecutions on 30th September, 2015 recommending that the inquiry file be closed. On 16th October, 2015, the DPP advised that further investigations be carried out in the matter. EACC/OPS/INQUIRY NO.10(V)/2014 Inquiry into allegations of corruption during the National Police recruitment exercise on 14th July, 2014 at Mukuyuni Centre Bungoma North Sub County Investigations established that all the recruitment exercise took place at DC’s office which is in the same compound within Mukuyuni’s Chief’s Office. Whereas it was alleged that there were irregularities in the recruitment, the investigations did not reveal any. Investigations further revealed that Mukuyuni Centre was not in the list of the Centres whose recruitment exercise was annulled by the National Police Service Commission for irregularities during the 14th July, 2014 recruitment exercise. A Report was compiled and forwarded to the Director of Public Prosecutions on 23rd September, 2015 recommending that the inquiry file be closed. On 14th October, 2015, the DPP accepted the recommendation for closure of the inquiry file. CR 148/2/2015 CF 1754/2015 Inquiry into allegations of corruption against a Kenya Power and Lighting Staff The investigation established that the suspect solicited for a benefit of KSh. 50,000 from the complainant as an inducement so as to forebear him from influencing an inflation of complainant’s electricity bill to an arbitrary amount of KSh. 400,000. The suspect also accused the complainant of tapping power at his house thus leading to an erroneous meter reading. Investigations established that the suspect received a benefit. A Report was compiled and forwarded to the Director of Public Prosecutions on 14th July, 2015 recommending that the suspect be charged with the offences of corruptly soliciting for and receiving a benefit contrary to section 39 (3) (a) as read with Section 48 (1) of the Anti-Corruption and Economic Crimes Act, No.3 of 2003. On 19th August, 2015, the DPP accepted the recommendation for prosecution. CR.313/100/2015 An inquiry into allegation of corruption against the Ag. Head of Supply Chain Management, Kilifi County and two others Investigations established that the suspect solicited for a benefit of KSh. 400,000 from the complainant as an inducement to increase the budget allocation of a tender awarded to the complainant. Investigations established that the suspect sent an agent to receive the benefit on his behalf and received a sum of KSh. 200,000. A Report was compiled and forwarded to the Director of Prosecutions on 20th July, 2015, recommending that the suspect who is the Ag. Head of Procurement be charged with the offences of corruptly soliciting for and receiving a benefit contrary to section 39 (3) (a) as read with Section 48 (1) of the Anti-Corruption and Economic Crimes Act, No.3 of 2003. The Commission further recommended that the charges against the agent and another already before court be withdrawn. On 13th August, 2015, the DPP accepted the recommendation for prosecution against the Ag. Head of Procurement in Kilifi County and further directed that the case against the agent proceeds. He however concurred with EACC’s recommendations to have the case against the third suspect withdrawn. EACC/NKR/OPS/INQ/1/2015 An inquiry into allegation of corruption against an employee of the Ministry of Lands, Nakuru County Investigations established that the suspect solicited for a benefit of KSh. 3,000.00/- from the complainant as an inducement to facilitate the payment of land rates for Plot Number Dundori/Lanet Block 5/994 belonging to the complainant. Investigations established that the suspect received a benefit. A Report was compiled and forwarded to the Director of Prosecutions on 20th July, 2015, recommending that the suspect be charged with the offences of corruptly soliciting for and receiving a benefit contrary to section 39 (3) (a) as read with Section 48 (1) of the Anti-Corruption and Economic Crimes Act, No.3 of 2003. On 20th August, 2015, the DPP accepted the recommendation for prosecution. EACC.464/167/2015 An inquiry into allegations of corruption against the Members of Land Control Board Investigations established that the suspects solicited for a benefit of KSh. 55,000 from the complainant as an inducement so as to facilitate the issuance of consent to subdivide land parcel number; Nkuene/Ngonyi/1699. Investigations established that the suspects received a benefit. A Report was compiled and forwarded to the Director of Prosecutions on 27th July, 2015, recommending that the suspects be charged with the offences of corruptly soliciting for and receiving a benefit contrary to section 39 (3) (a) as read with Section 48 (1) of the Anti-Corruption and Economic Crimes Act, No.3 of 2003. On 14th October, 2015, the DPP returned the file for further investigations. CR.617/93/2015 CF NO.209/2015 Inquiry into allegations of corruption against Traffic Police Officers attached to Kendu Bay Traffic Sub-Base EACC carried out surveillance on several roads in Kisumu. Investigations established that Traffic Police Officers were captured on video clip as they received bribes from several motorists along the Kisumu-Homabay road. Following the surveillance exercise, a sting operation was carried out and the Traffic officers were arrested. The EACC investigators recovered money from the officers which was in small denominations. A Report was compiled and forwarded to the Director of Public Prosecutions on 21st July, 2015 recommending that the suspects be charged with the offence dealing with suspect property contrary to section 47(1) as read with sections 47(2) (a) and 48(1) of the Anti- Corruption and Economic Crimes Act, 2003. On 24th August, 2015, the DPP accepted the recommendation for prosecution. CR.313/174/2015 CF NO.ACC.2/2015 Inquiry into allegation of corruption against a Labour Officer in Malindi Investigations established that the suspect solicited for a benefit of KSh. 20,000 from the complainant as an inducement in order to issue him with a labour inspection report. Investigations established that the suspect received a benefit. A Report was compiled and forwarded to the Director of Prosecutions on 23rd July, 2015, recommending that the suspect be charged with the offences of corruptly soliciting for a benefit contrary to section 39 (3) (a) as read with Section 48 (1) of the Anti-Corruption and Economic Crimes Act, No.3 of 2003, forgery contrary to section 34(d) (i) as read with section 349 of the Penal Code and uttering false document contrary to Section 353 as read with section 349 of the Penal Code. On 17th August, 2015, the DPP accepted the recommendation for prosecution. CR.975/08/2015 ELDORET ACC. NO.1/2015 Inquiry into allegation of corruption against an Assistant Chief of Munyuki Sub-Location, Lugari Sub-County Investigations established that the suspect solicited for a benefit of KSh. 300 from the complainant as an inducement to sign the Identification Application Form for the complainant. Investigations established that the suspect received a benefit. A Report was compiled and forwarded to the Director of Prosecutions on 23rd July, 2015, recommending that the suspect be charged with the offences of corruptly soliciting for and receiving a benefit contrary to section 39 (3) (a) as read with Section 48 (1) of the Anti-Corruption and Economic Crimes Act, No. 3 of 2003 and the case before court proceeds to its logical conclusion. On 21st August, 2015, the DPP accepted the recommendation for prosecution. EACC.CR.78 1/200/2015 CF. ACC. NO.4/15 (NAKURU) Inquiry into allegations of corruption against a Quality and Standards Assurance Officer at the Ministry of Education, Science and Technology Investigations established that the suspect solicited for a benefit of KSh. 5,000 from the complainant as an inducement so as to facilitate preparation of a favourable inspection report on an assessment he was to undertake at Olkiriane Secondary School. Investigations established that the suspect received a benefit. A Report was compiled and forwarded to the Director of Prosecutions on 17th July, 2015, recommending that the suspect be charged with the offences of corruptly soliciting for and receiving a benefit contrary to section 39 (3) (a) as read with Section 48 (1) of the Anti-Corruption and Economic Crimes Act, No.3 of 2003. On 25th August, 2015, the DPP accepted the recommendation for prosecution. CR.032/10/2015 CF.01/2015 Inquiry into allegations of corruption against Police Officers attached to the Kondele Traffic Sub Base, Kisumu Town EACC carried out surveillance on several roads in Kisumu. Investigations established that Traffic Police Officers were captured on video clip as they received bribes from several motorists along the Kondele road. Following the surveillance exercise, a sting operation was carried out and the Traffic officers were arrested. The EACC investigators recovered money from the officers which was in small denominations. During the exercise, one of the suspects threatened one of the EACC Investigators for and threatened to use his position as a police officer to get back at the investigator. A Report was compiled and forwarded to Director of Public Prosecutions on 20th July, 2015 with recommendation that the suspects be charged with the offence of dealing with suspect property contrary to section 47(1) as read with sections 47(2) (a) and 48(1) of the Anti-Corruption and Economic Crimes Act, 2003; and the suspect who threatened the EACC investigator be charged with the offence of threatening to kill contrary to section 223 (1) of the Penal Code Cap 63 Laws of Kenya. On 15th October, 2015, the DPP accepted the recommendation for prosecution and also accepted the recommendation by EACC to withdraw the charge of threatening to kill and substitute it with the offence of threatening an EACC Investigator contrary to section 66 of the Anti- Corruption and Economic Crimes Act, 2003. CR.212/24/2015 CF. THIKA ACC.305/2015 Inquiry into allegations of corruption against employees of Kenya Power and Lighting Company Investigations established that the suspects solicited for a benefit of KSh. 4,000 from the complainant as an inducement so as to facilitate the reconnection of electricity power which had been disconnected. Investigations established that the suspects received a benefit. A Report was compiled and forwarded to the Director of Prosecutions on 4th August, 2015, recommending that the suspects be charged with the offences of corruptly soliciting for and receiving a benefit contrary to section 39 (3) (a) as read with Section 48 (1) of the Anti-Corruption and Economic Crimes Act, No.3 of; and the case pending before court proceeds to its logical conclusion. On Ist September, 2015, the DPP accepted the recommendation for prosecution. CF NO. MSA ACC. NO.7/2015 EACC CR. NO.021/30/2015 Inquiry into allegation of corruption against a Traffic Police Officer at Nyali Police Station Investigations established that the suspect solicited for a benefit of KSh. 1,000 from the complainant as an inducement so as to release the driving license he had confiscated from the complainant. Investigations established that the suspect received a benefit. A Report was compiled and forwarded to the Director of Prosecutions on 4th August, 2015, recommending that the case pending before court proceeds to its logical conclusion. On 27th August, 2015, the DPP accepted the recommendation for prosecution. CR.30/40/2014 Inquiry into allegation of corruption against Traffic Police Officers attached to Railways Police Station EACC after receiving numerous complaints of traffic officers receiving bribes from motorists carried out surveillance on various roads in Nakuru. Investigations established that the suspects solicited for a benefit of between KSh. 50 and KSh. 1,000 from the motorists allegedly for various traffic offences. A sting operation was carried out and the suspects were arrested. Money was recovered from them including notes that had been marked by EACC and which had been given to motorists on the road. Investigations established that the suspects received a benefit. A Report was compiled and forwarded to the Director of Prosecutions on 10th August, 2015, recommending that the suspects be charged with the offence of dealing with suspect property contrary to section 47 of the Anti- Corruption and Economic Crimes Act, 2003. On Ist September, 2015, the DPP accepted the recommendation for prosecution. CR.148/15/2015 NO.14/2015 Inquiry into allegations of corruption against an employee of Kenya Power Investigations established that the suspect solicited for a benefit of KSh. 20,000 from the complainant as an inducement to facilitate the reconnection of power supply to his premises. Investigations established that the suspect received a benefit of KSh. 10,000. A Report was compiled and forwarded to the Director of Prosecutions on 24th August, 2015, recommending that the case pending before court proceeds to its logical conclusion. On 21st September, 2015, the DPP accepted the recommendation for prosecution. EACC/MLD/RP/INQ/03/15 Inquiry into allegations of corruption against a Prison Warden attached to Malindi Prison Investigations established that the suspect solicited for a benefit of KSh. 200 from the complainant as an inducement so as to release his motorcycle which had been detained. Investigations established that the suspect received a benefit. A Report was compiled and forwarded to the Director of Prosecutions on 26th August, 2015, recommending that the case pending before court proceeds to its logical conclusion. On Ist October, 2015, the DPP accepted the recommendation for prosecution. CR.021/14/2015 MSA ACC. NO.3/2015 Inquiry into allegations of corruption against lands Demarcation Officer at Mariakani Lands and Settlement Office Investigations established that the suspect solicited for a benefit of KSh. 15,000 from the complainant as an inducement to facilitate her to file grounds of appeal in a land matter that was ruled against her and also to lobby members of the Appeal Board to rule in her favour. Investigations established that the suspect received a benefit. A Report was compiled and forwarded to the Director of Prosecutions on 27th August, 2015, recommending that the suspect be charged with the offence of corruptly soliciting for a benefit contrary to section 39 (3) (a) as read with section 48 of the Anti-Corruption and Economic Crimes Act No. 3 of 2003. On 14th October, 2015, the DPP accepted the recommendation for prosecution. EACC/CR NO.021/17/2015 CF. NO. MSA ACC NO.4/2015 31st December, 2015 Inquiry into allegations of corruption against a Public Officer, Mombasa County Investigations established that the suspect solicited for a benefit of KSh. 10,000 from the complainant as an inducement to allow him to operate a medical clinic without a license. Investigations established that the suspect received a benefit. A Report was compiled and forwarded to the Director of Prosecutions on 3rd September, 2015, recommending that the suspect be charged with the offence of corruptly soliciting for a benefit contrary to section 39 (3) (a) as read with section 48 of the Anti- Corruption and Economic Crimes Act No. 3 of 2003. On 14th October, 2015, the DPP accepted the recommendation for prosecution. EACC/MLD/RP/INQ/06/2015 Inquiry into allegations of corruption against the officers from Civil Registration Office, Malindi Investigations established that the suspects solicited for a benefit of KSh. 5,000 from the complainant as an inducement so as to issue the complainant with her son’s birth certificate. Investigations established that the suspects received a benefit. A Report was compiled and forwarded to the Director of Prosecutions on 4th September, 2015, recommending that the suspects be charged with the offence of corruptly soliciting for a benefit contrary to section 39 (3) (a) as read with section 48 of the Anti- Corruption and Economic Crimes Act No. 3 of 2003. On 30th September, 2015, the DPP accepted the recommendation for prosecution. CR. NO.46A/118/2015 CASE FILE NO.AC 2/2015 Inquiry into allegations of corruption against Police Constables attached at Githongo Police Station in Meru County Investigations established that the suspects solicited for a benefit of KSh. 5,000 from the complainant as an inducement so as to release the complainant’s motor cycle. Investigations established that the suspects received a benefit. A Report was compiled and forwarded to the Director of Prosecutions on 4th September, 2015, recommending that the suspects be charged with the offence of corruptly soliciting for a benefit contrary to section 39 (3) (a) as read with section 48 of the Anti- Corruption and Economic Crimes Act No. 3 of 2003. The Commission recommends also that the case pending in Court proceeds to its logical conclusion. On 14th October, 2015, the DPP accepted the recommendation for prosecution. EACC/INQ/OPD/33/2015 Inquiry into allegations of corruption against the Member of the County Assembly, Elwak Ward, Mandera County Investigations established that the suspect offered the complainant a benefit of KSh. 150,000 as an inducement to facilitate the release of his brother who had been arrested for being in unlawful possession of ammunition. The suspect did not however give the bribe that he had offered. A Report was compiled and forwarded to the Director of Prosecutions on 4th September, 2015, recommending that the suspect be charged with the offence of offering a benefit contrary to section 39 (3) (a) as read with section 48 of the Anti-Corruption and Economic Crimes Act No. 3 of 2003. On 14th October, 2015, the DPP accepted the recommendation for prosecution. CR.148/14/2015 CF. NO. ACC 12/2015 Inquiry into allegations of corruption against the Acting Ward Administrator, Makadara Ward in Nairobi County Investigations established that the suspect solicited for a benefit of KSh. 60,000 from the complainant as an inducement so as not to burn her 40 feet container, and to also allow her to continue operating shops in the said container, which is situated at the Buruburu Church of God compound. Investigations established that the suspect received a benefit. A Report was compiled and forwarded to the Director of Prosecutions on 8th September, 2015, recommending that the suspect be charged with the offence of corruptly soliciting for a benefit contrary to section 39 and section 47A of the Anti-Corruption and Economic Crimes Act No. 3 of 2003. On 14th October, 2015, the DPP accepted the recommendation for prosecution. CR.831/383/2015 ELDORET CFF 4/2015 Inquiry into allegation of corruption against a Customer Care Officer at the Kenya Revenue Authority, Eldoret Office Investigations established that the suspect solicited for a benefit of KSh. 500 from the complainant as an inducement so as to give the complainant e-return acknowledgement receipt and his P9 form that he had retained after assisting him to file tax returns. Investigations established that the suspect received a benefit. A Report was compiled and forwarded to the Director of Prosecutions on 16th September, 2015, recommending that the suspect be charged with the offence of corruptly soliciting for a benefit contrary to section 39 (3) (a) as read with section 48 of the Anti- Corruption and Economic Crimes Act No. 3 of 2003. On 14th October, 2015, the DPP accepted the recommendation for prosecution. EACC CR.145/256/2015 CF MILIMANI ACC. NO.690/2015 Inquiry into allegations of corruption against a Court Executive Officer at the Milimani Law Courts Investigations established that the suspect solicited for a benefit of KSh. 2,000 from the complainant as an inducement to retrieve her Succession Case court file for purposes of fixing a hearing date. Investigations established that the suspect received a benefit. A Report was compiled and forwarded to the Director of Prosecutions on 18th September, 2015, recommending that the suspect be charged with the offence of corruptly soliciting for a benefit contrary to section 39 (3) (a) as read with section 48 of the Anti- Corruption and Economic Crimes Act No. 3 of 2003. The DPP accepted the recommendation for prosecution. CR.432/216/2015 MACHAKOS ACC NO.14/2015 Inquiry into allegations of corruption against an Engineer with China Roads and Bridges Corporation constructing the Standard Gauge Railway Investigations established that the suspect offered a benefit of KSh. 100,000 to the complainant as an inducement so as to forbear charging the Engineer with China Roads and Bridges Corporation with the offence of carrying excess load. A Report was compiled and forwarded to the Director of Prosecutions on 21st September, 2015, recommending that the suspect be charged with the offence of corruptly offering and giving a benefit contrary to section 39 (3) (a) as read with section 48 of the Anti-Corruption and Economic Crimes Act No. 3 of 2003. On 14th October, 2015, the DPP accepted the recommendation for prosecution. STATISTICAL SUMMARY OF FILES FORWARDED TO THE DIRECTOR OF PUBLIC PROSECUTIONS Total No. of files forwarded to the Director of Public} 52 Prosecutions No. of files recommended for prosecution 34 No. of files recommended for administrative or other action 4 No. of files recommended for closure 14 No. of files recommended for prosecution and the cases are| 27 already lodged before Court No. of files where recommendation to prosecute accepted 30 No. of files where recommendation for administrative or] 1 other action accepted No. of files where recommendation for closure accepted 10 No. of files returned for further investigations 9 No. of files where recommendation to prosecute not accepted 1 No. of files where recommendation for administrative or] 0 other action not accepted No. of files where closure not accepted 1 No. of files awaiting Director of Public Prosecution’s action 0 Dated the 21st December, 2015. HALAKHE D. WAQO, PTG/3315/15-16 Secretary/Chief Executive Officer.