Ethics and Anti-Corruption Commission Chairperson David Oginde (left) and Chief Executive Officer Abdi Mohamud during the launch of the commission’s annual report.
The intervention of the United States’ Federal Bureau of Investigations (FBI) helped Kenya’s ant-graft agency to recover Sh2.9 billion in corruptly acquired assets last year and also avert a potential loss of Sh16 billion in public funds.
The revelations are detailed in the Ethics and Anti-Corruption Commission’s (EACC) report of activities and accounts for the financial year 2023/2024, which was released on Tuesday.
The billions were recovered through both court cases and out-of-court settlements.
As part of the recovery, the Kisii County government, got back its land of unknown value from Nyaribari Chache MP Zaheer Jhanda.
The FBI’s assistance, acknowledged by EACC Chairperson David Oginde, also helped the anti-graft body “through proactive investigations” to trace over Sh16 billion in illegally acquired and unexplained assets in 26 public institutions.
“Specifically, the commission received technical assistance from the Federal Bureau of Investigation in the fight against corruption and transnational crimes,” Mr Oginde said, noting that the commission was not done in ensuring that illegally acquired public assets are returned to the government.
In the US, the FBI enforces federal laws and investigates a wide range of criminal activities, including terrorism, cybercrime, white-collar crime, public corruption, civil rights violations and other serious crimes.
Apart from the FBI, the EACC also received support from the European Union and the United Nations Office on Drugs and Crime through the Programme for Legal Empowerment and Aid Delivery in Kenya.
Further, the commission hosted officials from the Chinese Embassy in Kenya “to build strategic linkages in the fight against corruption”.
“I have confidence in the steps taken and milestones achieved by the Commission during the year under review. I call on all partners, stakeholders and Kenyans to join hands with the Commission in the fight against corruption and unethical conduct in the country,” Mr Oginde said.
The EACC report shows that a piece of land in Kwale County worth Sh1 billion was recovered from Manmohan Kaul Kalsi for the National Museums of Kenya and Kenya Wildlife Service (KWS).
Another property in Eldoret worth Sh399.1 million was recovered from Magut Agencies and nine others for the Uasin Gishu County government.
The Ministry of Housing had its Sh345 million land in Nakuru recovered from Saleh Chepkole and four others, while the commission also secured the recovery of Sh166 million worth pof land in Kwale County from Serious Holdings Limited for KWS.
The Ministry of Foreign Affairs got back its Sh35 million land in Nakuru from William Kimaru and two others and its Sh26 million land in Kakamega from Jacqueline Musalia and Zablon Mabea.
In Mombasa and Bungoma, Ashol Doshi and Georgina Mutava, and Ronald Matende had their Sh10 million plots returned to them.
The Pyrethrum Processing Company of Kenya had its Sh150 million and Sh100 million plots of land in Nakuru repossessed from Brig Alexander Sitienei and Simon Thuo and two others, respectively.
The Nakuru County government had its Sh81 million land recovered from Shadrack Koske Cherogoe and others, while the Kenya Urban Roads Authority got back land worth Sh14 million from Salim Mohamed in Mombasa.
Apart from land, the commission also recovered cash illegally siphoned from public coffers. This includes Sh317 million from Jimmy Mutuku Kiamba and others for the Nairobi City County government and Sh80.8 million from former Samburu governor Moses Lenolkulal for the Samburu County government.
The report further shows that during the period under review, the commission conducted 11 proactive investigations that resulted in the prevention of a potential loss of Sh2.9 billion in public funds.
This includes a Sh1.8 billion payment by the National Land Commission that was stopped by the EACC following an investigation into allegations of irregular compensation to people affected by the Mombasa Special Economic Zone in the Dongo Kundu project in the 2022/23 financial year.
Following an investigation into procurement irregularities and misappropriation of public funds for the supply and delivery of planting and top dressing fertiliser in the 2022/23 financial year, the commission stopped the Bungoma County government from paying Sh247.4 million.
The payment of Sh103.8 million by the Kilifi County government was also halted following investigations into irregular tendering for the supply and maintenance of the revenue collection and management system.
The Sh16 billion worth of illegally acquired and unexplained assets traced by the commission includes Sh2 billion for the Kisumu County government. This follows allegations of land “irregularly transferred to Andrew Ayara Okwach, Monica Apiyo Odhiambo, Peter Oluocho Owade and Safrina Appida” in Kibuye market.
At least Sh1.5 billion was traced to the Kenya Prisons Service for alleged fraudulent acquisition and disposal of 93 plots of public land in Kisumu originally earmarked for the Nyanza regional prison headquarters and prison staff houses.
The EACC also traced Sh1.35 billion to the Nairobi City County government in connection with the fraudulent acquisition of public utilities in Nairobi’s Woodley estate by private developers.
It further traced Sh1 billion for the Nakuru Agricultural Training Centre following allegations of fraudulent acquisition by private developers, and Sh960 million for Nairobi County government following allegations of illegal acquisition of a road reserve on Peponi Road.
