Use asset recovery to tame graft in the public service
Integrity Centre, the EACC headquarters in Nairobi. Recent media reports of the findings of oversight agencies such as the EACC show increased recovery of looted public resources of late.
Recent media reports of the findings of oversight agencies such as the Ethics and Anti-Corruption Commission (EACC), Office of the Auditor-General, parliamentary committees and social accountability organisations show increased recovery of looted public resources of late.
Reports show, for instance, how EACC has intensified tracing and recovery of corruptly acquired public assets. On July 28, EACC recovered a Sh430 million public land in Nairobi from grabbers who had colluded with public officials to fraudulently transfer it. The land was reserved for construction of the Mombasa Road-Eastern Bypass interchange.
The agency also reported having filed civil suits in court between March 1 and July 31 for recovery of over Sh4 billion in unexplained wealth held by public officials, seeking to have it forfeited to the state.
Following investigations into allegations that Ferdinand Waititu amassed wealth that is not commensurate to his known and legitimate sources of income, EACC is in court seeking orders to compel the former governor to forfeit to the state unexplained assets in his possession valued at Sh1.9 billion.
Forfeiture orders
Other forfeiture orders include against Nicholas Owino Ochiel, a senior assistant director of valuation at the Ministry of Lands, amounting to Sh1.2 billion—against Sh6.4 million from his known legitimate sources of income. They comprise landed properties, motor vehicles and cash in bank.
In May, EACC also sued Urbanus Wambua Musyoka, a former Machakos County executive committee member alleged to have amassed Sh637 million assets—against a legitimate income of Sh16 million.
In the same month, the High Court granted preservation orders sought by EACC over irregular payments of Sh450 million by the State Department of Correctional Services to 18 companies for services that were not rendered. Seven were owned by Eric Kipkurui Mutai, a cleaning supervisor in the department, who was paid Sh257 million for ‘supplies’. Besides, the High Court orders the freezing of Sh278 million assets belonging to former KRA officer Jeremiah Kamau Kinyua as EACC seeks forfeiture.
Former governors
EACC is also seeking to recover Sh73 million assets from former governors Okoth Obado (Migori) and Moses Lenolkulal of Samburu (Sh80,715,000).
In July, 2022, the Court of Appeal upheld a High Court judgment ordering former Kenya Ports Authority MD James Mulewa to forfeit to the state over Sh77 million in unexplained assets. Separately, the High Court ordered the forfeiture of Sh27.6 million assets from Gabriel Mulei, a senior police officer.
Samuel Njoroge Kariuki, a finance officer II at the Ministry of Environment and Forestry, in Job Group K, received Sh79.8 million in his bank accounts between January 2018 and April 2022. And last month, EACC secured court orders in July 2022 preserving Sh37.4 million believed to have been embezzled at the National Treasury by four employees.
From the billions of shillings recovered so far, it is safe to conclude that asset recovery, if enhanced, could be the panacea to public sector corruption.
Ms Gitonga is a communications specialist. [email protected].
