The Ethics and Anti-Corruption Commission (EACC) is on the spot for posting misleading claims about graft suspects on social media.
The matter came up in a Mombasa court when four suspects were charged with embezzling over Sh4 million by falsely claiming it was for the commemoration of World War I.
Thomas Jumwa, Liverson Mghendi, Christine Mwakera and Leonard Langat were on Wednesday presented before Mombasa Chief Magistrate Alex Ithuku regarding the offences they allegedly committed in November 2022.
But through their advocate John Bwire, the suspects lamented that the EACC had sensationally claimed they had embezzled over Sh7 million, while the amount stated in the charge sheet presented in court is approximately Sh4 million.
“The total amount of money in question is about Sh4 million. The EACC statement shared on social media is very offensive,” said Mr Bwire.
“The statement gives the impression that the accused persons have already been convicted. The trial should be confined within the four walls of the court; if that is not done, then they will suffer prejudice.”
The advocate also requested the court to issue orders restraining the EACC from publishing what his clients deemed offensive information on its social media.
Senior Assistant Director of Public Prosecution Peter Kiprop urged the court to consider the suspects' complaints as an advisory against the EACC, stating that the media are properly guided by relevant law in executing their duties.
“In my view, it is within the power of EACC to report their cases in the manner they deem fit. The advice is for the EACC communication on how to handle their issues, and not what is before this court,” said Mr Kiprop.
The magistrate declined to prevent the media from covering the case but confirmed that the report posted by EACC was misleading.
Mr Ithuku noted that if the charge sheet presented in court was anything to go by, then the report posted by the EACC on its X handle was “evidently incorrect”.
“I cannot bar the media and the EACC communications department as long as their reporting is within the law. Now that the suspects have entered a plea, they must wait for the due process to be completed,” said the magistrate.
Mr Jumwa currently serves as the economic adviser to Governor Andrew Mwadime, while Mr Mghendi is the former county secretary.
Mr Langat is a former finance chief officer and Ms Mwakera previously held the position of chief officer for Trade, Tourism and Co-operatives Development.
The charges against them include conspiracy to commit an offence of corruption, engaging in a project without prior planning, unlawful acquisition of public property, uttering false documents and willful failure to comply with the applicable procedures and guidelines relating to incurring expenditures.
The court heard that the suspects conspired to commit an offence of corruption by engaging in the World War I commemoration project without prior planning or any budgetary allocation for the financial year 2022/23, thereby violating several provisions of the Anti-Corruption and Economic Crimes Act.
It was further alleged that the suspects unlawfully facilitated direct procurement and payment for services related to the World War I commemoration event between November 24 and 27, 2022, an event that had not been included in the budget for the financial year 2022/23.
Mr Jumwa is charged with multiple counts concerning the submission of false documents, which involved presenting fabricated receipts totalling significant sums, purportedly for services rendered during the event.
The prosecution alleges that Mr Jumwa unlawfully acquired over Sh1 million in purported payments and failed to account for more than Sh2 million related to the event’s expenditures.
The court heard that Mr Jumwa knowingly and fraudulently uttered false cash sale receipts totalling Sh1.2 million purporting it originated from Maghonyi Guest Hotel, Chrissop Enterprise, Wakio Technocrats, Youngstar Photography, Amurtech Plus Enterprises and Elizabeth Mghoi for services rendered during the World War I commemoration.
Mr Jumwa is further charged with willful failure to comply with the applicable procedures and guidelines relating to incurring expenditures, where the State accused him of failing to fully account for imprest of more than Sh2.1 million related to the event’s expenditures.
Mr Jumwa was released on a Sh2 million bond or an alternative cash bail of Sh500, 000, while the other accused individuals were granted a Sh1 million bond each, with an alternative cash bail of Sh200,000.
The suspects were arrested by EACC officers after investigations uncovered embezzlement of public funds related to the annual event.
The Commission commenced investigations upon receiving a complaint on April 5, 2023, alleging the theft of public funds by senior county officials.
According to EACC, the commission’s investigations established systemic abuse of office, fraudulent dealings and deliberate violation of procurement laws by the officials.
The ethics body said it found out that the alleged World War I event was not factored in the Procurement Plan for the Financial Year in question, event expenditure was not budgeted for and that the procurement of suppliers was marred with massive fraud and irregularities and was not competitive.
“The suppliers who received the payments did not supply anything to the county government and the payment documents supporting the payments were forged,” EACC said in a statement after its detectives arrested the suspects.
The EACC has stated that, in addition to pursuing prosecution, the commission will seek to recover the stolen funds from the suspects.
