EACC warns over rising cases of civil servants with fake academic papers

The Ethics and Anti-Corruption Commission (EACC) has raised the alarm over upsurge of cases of individuals using fake academic papers to secure government jobs.

According to the commission's quarterly report, the cases have been on the rise with a large number of Kenyans using fake degree and diploma certificates to get high profile jobs contrary to Chapter Six the Constitution.

An audit report by the Public Service Commission across 331 government institutions shows that more than 2,000 Kenyans used fake academic and professional documents to get jobs in different ministries and parastatals.

On top of the list were officers from the State Department for Internal Security and National Administration with 103 forged academic certificates including 78 Kenya National Examinations Council (KNEC) certificates, two forged degree certificates and 23 fake diploma certificates.

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“The commission recommends prosecution of the officer for two counts of providing false information to a public entity and another county of forgery contrary to 345 and 349 of the Penal code,” reads EACC report.

On May 21, an employee of Commission for Revenue Allocation (CRA) was arraigned before Milimani Court for forging academic papers to enable her to earn a gross salary of Sh15 million for a period of 6 years.

The accused had secured the State job using a Master of Arts degree and Bachelor of Arts (Sociology) certificates which she purportedly acquired from the University of Nairobi. 
A nominated member of a County Assembly from Central has also been recommended for prosecution for forgery of her academic documents, which she presented for consideration. 
EACC investigations revealed that the grades for her three subjects were allegedly altered, contrary to section 46 of the Leadership and Intergrity act of 2012.
Similarly, a top Kiambu county official is being investigated for using a forged degree from University of Nairobi to secure employment.

“Investigations established that the suspect was never admitted for the degree that he presented from the said university and that he forged the degree certificate to apply for a masters’ degree at JKUAT.

In Western, a sitting Member of Parliament is under investigation for alleged forgery of a Bachelor’s degree, which he also used to register as a member of a professional body.

“The said parliamentarian presented a Bachelor’s degree from JKUAT where he purports to have been a student. However, investigations shows that he never set foot in the said university,” reads the report.

The commission is also investigating a Member of Parliament from Rift Valley over alleged forgery of KCPE and KCSE certificates.

The MP, who is serving his second term in office, is said to have allegedly forged a university degree from JKUAT.

EACC spokesperson Eric Ngumbi said: “The outcome of the investigations will reveal whether or not the allegations have any merit.”

Earlier this year, a Magistrate Court acquitted Kapsaret MP Oscar Sudi of forgery of academic papers noting that the State had failed to establish a strong case against the parliamentarian to be placed on his defense.

Anti-corruption Chief Magistrate Felix Kombo freed the lawmaker who had been accused of faking a diploma certificate in business management which he presented to the Independent Electoral and Boundaries Commission (IEBC) to be cleared to contest in the 2013 elections.

According to an audit report by PSC on February 13, more than 2,000 employees used fake papers to secure jobs from different government institutions.

“A total of 787 state officers were found to have forged academic documents to secure appointments, promotions of transfers bringing the total to more than 2,000 fake documents,” stated PSC chairman Anthony Mwaniki. 

Recently, EACC Chief Executive officer Twalib Mbarak said they had put measures to nab the perpetrators and recover money earned by use of fake documents noting: “use of fake papers amounts undermining the education system of this country.”

Dr Judah Ndiku, the Registrar of Academic affairs at Masinde Muliro University of Science and Technology (MMUST) says the issue of fake papers should be treated with the urgency it deserves since it is one of the biggest risks in any developing country.

Dr Ndiku revealed that in the current academic year, MMUST has already exposed at least seven cases of forgery of academic documents in which State officers have purported to have studied at the university.

“The government should introduce heavy penalties to culprits to ensure those found guilty face long jail terms so as to serve as an example. It is risky to have quacks in very serious professions and that shows how deep we have sunk into this mess as a country," said the don.

In August 2023, Mandera South MP Abdul Haro tabled The Universities Amendment Bill in the National Assembly, which seeks to ensure institutions of higher learning in the country create an online database for verification of certificates issued.

“Amendment of the Bill will save Kenyans from the tedious work of physically going to the universities for verification especially during electioneering period,” said Haro.

However, the Kenya National Qualifications Authority (KNQA) said implementation of Recognition of Prior Learning Policy (RPL) is the cure for fake academic documents.

Through the RPL model which has already been approved by the Cabinet, Kenyans will be able to acquire certificates for recognition of skills, knowledge and competencies gotten through practical work without being necessarily supported by academic qualifications.

“The approval of RPL is a huge milestone as it puts in place a functional and credible system for recognition of competencies in the informal sector. It will open new doors for thousands of Kenyans by facilitating transition from formality to informality,” said KNQA Director General Alice Kande.

“We strongly believe that we will not see more people using shortcuts to get certificates as the RPL policy offers a clear mechanism on how to secure a genuine certificate in both the formal and informal sector,” Dr Kande added.

A 2023 report by KNQA shows that almost 30 per cent of civil servants secured their current jobs using forged academic documents. The report further estimated that one in every three academic certificates is fake.

Kennedy Echesa, an advocate of the High Court and an education expert said the government is not doing enough to curb the problem, which has been deeply entrenched into our system. 
“We are tolerating the vice. The government has a monopoly over all instruments of verification and investigation of academic documents. However, this vice has been benefiting a section of government functionaries,” said Echesa.

“The executive arm of government is really failing. There is sufficient legal framework in parliament to deal with forged documents. It is up to the national executive to arrest and arraign the culprits in court and produce sufficient evidence to enable conviction," he added. 
The lawyer blamed EACC for clearing political aspirants with questionable papers. “We have also seen the Commission for University Education clearing people with questionable papers to run for elective positions," he said.

Echesa argued that the buck stops with the Executive that needs to do a thorough clean up in the public service to weed out individuals with forged papers.

Dr Agumba Ndaloh, a senior lecturer in instructional design at Koitalel Arap Samoei University College said the fight against forged documents requires government’s goodwill. He challenged the government to walk the talk and value meritocracy.

“Some of these forgeries are done by the so called untouchables in the country. We have had cases of politicians who are known to have forged documents but end up occupying very senior positions in government,” said Dr Ndaloh.

“Despite the thousands of cases, we have never witnessed people being sentenced to jail for the same. It is high time Kenyans sat together and ask themselves tough questions on whether we are really proud of whatever is happening in our country,” he added.

The lecturer warned that without strict measures put in place to curb the problem, Kenyans will continue to forge documents, contributing to poor workmanship in serious professions that require expertise.

Few months ago, Deputy President Rigathi Gachagua urged President William Ruto to crack the whip on fake certificates and make hard decisions to root out all culprits in the public sector.

Gachagua noted that the number of public officers with fake papers runs into thousands and if weeded out, the move may save the country billions of shillings in wage bill.

“If we make a decision to get rid of all fellows with fake papers, we could knock out 10,000 people from the wage bill and recover a billion or two. The issue affects governors, heads of departments and even some who are sitting here with us,” said Gachagua while attending the Third Wage Bill Conference at the Bomas of Kenya.

According to section 349 of the Penal Code, any person who forges a document or electronic record is guilty of an offence which, unless otherwise stated, is a felony and he is liable, unless owing to the circumstances of the forgery or the nature of the thing forged.