Cooperatives Cabinet Secretary Simon Chelugui and Uasin Gishu Senator Jackson Mandago are now facing investigations by the anti-graft agency over their involvement with First Choice Recruitment and Consulting Agency accused of defrauding youth millions in an overseas jobs scam.
The development comes after a Senate committee called for the Ethics and Anti-Corruption Commission (EACC) to investigate the involvement of political leaders and business people with the agency.
Further, the inquiry should also be widened to State and public officers linked to the agency by victims within three months.
The report also wants the Director of Public Prosecutions and the Inspector General to within the same period finalise investigations on the possible illegalities by the agency and subsequently institute criminal proceedings against the agency and others if found culpable.
“The Commission on Administrative of Justice and EACC investigate the involvement of business people, political conduct of State and public officers with regard to First Choice Recruitment and Consultancy Agency and report to the Senate within three months,” reads in part the report table before the Senate.
The report by the committee chaired by West Pokot Senator Julius Murgor noted that the involvement of prominent government officials and businessmen from Uasin Gishu County increased the credibility of the agency in general and the recruitment process in particular.
“This scenario encouraged many parents and candidates to consider the programme and invest their resources including borrowing and selling properties towards this cause,” the report states.
CS Chelugui, Mr Mandago and businessman Mr David Lagat were implicated in the scandal when petitioners said the two senior officers attended the launch of the agency where the former, as Labour CS then, was the chief guest.
The victims submitted to the committee that the presence of the two high-profile leaders swayed them convincing them the programme was indeed legitimate.
Mr Sammy Boiro and Michael Yego said they learnt of the agency through aggressive advertisement, where the Uasin Gishu county government was involved while the presence of Mr Chelugui nailed their conviction.
"Consensus among the petitioners and victims is that their leaders played a significant role and influenced their decision to register as candidates at the agency as expressed by some of the petitioners including Pauline Ambaka who learnt about the agency through an advertisement by the Uasin Gishu County government," the report states.
The committee investigated the scandal for months following a petition by Eldoret-based human-rights activist Kimutai Kirui on behalf of the victims.
The committee said that the programme was designed to swindle desperate job seekers as First Choice operated in total disregards of the laws of the land.
The report accused First Choice Director Ms Judy Jepchirchir of impunity by continuing to accompany top government officials and engage in public functions relating to labour migration.
This is despite the confirmation of the Ministry of Labour and Social Protection, saying First Choice does not hold a valid operating licence.
Nonetheless, Mr Mandago has in the past denied any involvement or relationship with the agency, saying his presence at the launch was in his capacity as the then governor of the county.
For his part, CS Chelugui also denied having any vested interest or direct relationship with the agency, saying his presence at the launch was because the agency had a valid certificate of registration.
The report noted that the victims of the scam were unemployed or underemployed youth aged between 25 and 35 years from Uasin Gishu and its environs.
The victims were issued at least three different unofficial receipts without the agency’s name or logo raised credibility and accountability concerns.
First Choice branded itself and was licensed as a recruitment agency engaging in skills assessment, recruitment, training and development and performance evaluation. Its service aims to place candidates internationally in the available job markets.
However, the agency was also placing candidates for education in the UK and Poland, among other countries, without due process and under NEA’s watch as regulators in the sector.
For First Choice directors, Ms Jepchirchir and Faith Gichuhi, the committee wants the agency to refund all the petitioners through bankers cheques' only, within one month.
The report also wants the Assets Recovery Agency repossess the properties owned by Ms Jepchirchir and Ms Gichuhi in the event that they do not refund all the monies owed to the petitioners and use the funds to refund the petitioners.
Further, the bank accounts of the two should be frozen by the relevant authorities until the monies owed to the victims are fully recovered.
The two and other directors of the agency should be barred from registering, operating or managing any other recruitment agency or company.
"The passports of the directors be withheld by the Directorate of Criminal Investigations," the report continued.
The report also wants the Ministry of Labour and Social Protection and the National Employment Authority (NEA) to issue a public notice in at least two local dailies with nationwide circulation directing First Choice to cease its recruitment operations with immediate effect.
The ministry should also publicise the list of blacklisted recruitment agencies in the country in at least two local dailies with nationwide circulation within one month.
"The First Choice Recruitment and Consultancy Agency Limited and its other closely related and associated agencies to cease any further operations, recruitment and placement for a period of not less than five years and should be closed and monitored by DCI," said the report.
The committee opined that although NEA is established to regulate and govern private employment agents in the country, rogue agencies continue to take advantage of gaps within the existing legal framework related to the protection of potential job seekers.
