Governors now lock horns with EACC over funds uptake study

EACC Chief Executive Officer Halakhe Waqo

There is a standoff between the Ethics and Anti-Corruption Commission (EACC) and the Council of Governors (CoG) over the former’s plan to evaluate use and misuse of public funds in several counties.

In May, EACC embarked on a study to evaluate levels of corruption in Constituency Development Fund (CDF) and County Revenue Fund (CRF).

The study targets 15 counties and 32 constituencies, chosen randomly. EACC says the study is meant to identify corruption loopholes in the two funds, but the CoG and several MPs of targeted constituencies have read mischief.

“...The council hereby calls for the immediate withdrawal of your research teams and requests that the commission respects the distinctness and autonomy of counties,” reads a letter dated June 2 by Jacqueline Mogeni, the Acting Chief Executive officer of CoG.

However, the commission stuck to its ground, saying it had the constitutional mandate to carry out the research.

“The commission will continue to proclaim its constitutional independence and full execution of its mandate, including conducting the current study,” reads a replying letter by EACC Chief Executive officer Halakhe Waqo. “County governments are therefore advised to support and cooperate with the commission in this important exercise,” it concluded.

Despite the opposition by the MPs and governors, EACC conducted the research in several counties although its teams were denied information in certain counties and constituencies.

The first phase, which started on May 17 and ended on June 11, targeted 21 constituencies in nine counties. The counties are Kakamega, Murang'a, Kitui, Mombasa, Kilifi, Kisumu, Nakuru, Kirinyaga and Nairobi. The constituencies are Lugari, Malava, Shinyalu, Butere, Kiharu, Kandara and Kitui Central.

Others are Kitui Rural, Mwingi North, Kisauni, Bahari, Magarini, Kisumu Town East, Muhoroni, Molo, Rongai, Kerugoya Kutus, Westlands, Langata, Embakasi East and Kibra.

During this phase, EACC researchers were denied permission to collect data at the Murang'a County government, Kitui Central and Kitui Rural CDF offices. The final report will be prepared at the end of the second phase of the study which commenced on July 27 and is to end on August 7.

“The field work went well and we are compiling our report. The success rate was 99 per cent and we shall be sharing our information with the public,” said Pamela Chepkemei, a communications officer at EACC.

Phase two

The second phase involves Kapenguria, Kiminini, Cherangany, Kajiado Central, Bonchari, Nyaribari Masaba, Isiolo South, Chuka and Tharaka constituencies. The counties involved in the second phase are West Pokot, Trans-Nzoia, Kajiado, Kisii, Isiolo and Tharaka Nithi.

MPs representing some of the constituencies where the studies are being conducted were among those who passed a Bill in Parliament a month ago seeking to have Waqo and his deputy Michael Mubea sent home.

The Bill, if signed into law by President Uhuru Kenyatta, will effectively cripple operations at EACC after all of its three commissioners were forced out of office three months ago.

Kiminini MP Chris Wamalwa, whose CDF is among those to be studied in phase two, has accused EACC of misusing its powers to harass him and other MPs for their tough stand on EACC.

Wamalwa moved the amendment on the EACC (Amendment) Bill 2015, which sought to have the offices of EACC secretary and the deputy become vacant upon the enactment of the Bill.

During debate in Parliament on Wednesday, Mr Wamalwa accused EACC of commencing investigations in to his constituency’s CDF retaliation for his role in passing of the Bill. However, in letter to the clerk of the National Assembly, Justin Bundi, Mr Waqo denied the claim.

“...We hereby inform you that we have not commenced any investigations against Chris Wamalwa or in his... CDF... and the allegations made on the floor of the House were false, malicious and with ulterior motive best known only to the MP,” said Waqo.

Waqo further accused the MP of intimidating the commission and its staff “with the intention of impeding our performance...and we take this opportunity to...seek your protection from such unwarranted harassment.”

Mwingi North MP Mati Munuve says he gladly welcomed the researchers in his constituency in the first phase. He said as a leader who believes in accountability, he had nothing to hide from researchers, investigators or curious people.

“We were among the first to host them. And we gave them full cooperation. In fact, we took them round our entire project and asked them to pick in random the projects they wanted to zero in on. We really have nothing to hide. We were ready then, even if they wanted to check under my bed,” Munuve said.

Blocking probe

He said the habit of governors always blocking any quest for accountability however noble is unbecoming.

“We may have to overthrow all of them. How do you get money from the public and fight off accountability mechanisms? Here in my area, a gate of a sub-district hospital was constructed at a cost of Sh5 million as if it will be diagnosing patients as they pass through. Surely, such projects must be evaluated and loopholes sealed,” he said.

Lugari MP Ayub Savula said he approves of EACC’s presence in his constituency. “In fact, it’s me who wrote to them requesting that they probe use of the money in my constituency,” he said.

But Malava MP Malulu Injendi read mischief in the exercise. “Let them carry out the exercise in all the 290 constituencies and come up with a report. There is no good faith of coming up with results of few constituencies and trumpeting the results in the media,” he said. Butere MP Andrew Toboso said he learned with surprise that the EACC team visited his constituency with ‘another agenda’.

“When they came, I knew they came to do their normal CDF audits but was surprised when they talked of inquest in the uptake of devolved funds. The inquest falls under their (EACC’s) mandate and I can’t stop them,” he said.