1. Tukomeshe Ufisadi, Tuijenge Kenya
ETHICS AND ANTI CORRUPTION INTERVENTIONS IN COUNTY GOVERNMENTS – LESSONS AND OPPORTUNITIES
Presentation at the Induction Workshop for Governors and Deputy Governors December 2017 By Halakhe Dida Waqo CBS, MCIArb Commission Secretary/Chief Executive Officer
9/16/2018
Tukomeshe Ufisadi, Tuijenge Kenya

2. PRESENTATION OUTLINE Mandate of EACC
Overview of corruption and unethical conduct in counties
EACC interventions
Challenges
Opportunities for collaboration
Conclusion
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3. MANDATE OF EACC
EACC is established pursuant to Article 79 of the Constitution to enforce Chapter Six of the Constitution and related laws through:
Investigations;
Asset recovery;
Public education and awareness;
Review of systems of public bodies;
Promotion of standards and best practices in ethics and integrity.
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4. KEY ACTORS IN SUCCESSFUL ANTI-CORRUPTION ENFORCEMENT
Other governance and accountability players
County Oversight Agencies
Office of the Auditor General
Controller of Budget
Public Procurement and Regulatory Authority
The National Treasury (IFMIS)
Directorate of Criminal Investigations
Legislation : Parliament
Investigation: EACC
Prosecution: ODPP
Adjudication: Judiciary
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5. OVERVIEW OF CORRUPTION AND UNETHICAL CONDUCT IN COUNTY GOVERNMENTS
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6. CORRUPTION PRONE AREAS (County Public Officers’ Experiences, 2015, Investigation data)
DEPARTMENTS
SERVICE AREAS 1
County Executive/ Assemblies Administrative Office
Procurement 2
Recruitment/promotions 3
Finance and economic planning
Payments 4
Public Service Boards
Revenue collection 5
Roads, public works & infrastructure
Road construction/ infrastructure 6
Lands
Licensing and registration 7
Health
Law enforcement/ inspectorate 8
Medical services
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7. REASONS CITED FOR BRIBERY (National Ethics and Corruption Survey, 2015)
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8. NO. OF COMPLAINTS PER COUNTY (2013- SEPT 2017)
Summary
No of Reports 1
Nairobi City
408 2
Isiolo
192 3
Garissa
173 4
Kisumu
158 5
Kisii
146 6
Meru
132 7
Kiambu
129 8
Bungoma
124 9
Kakamega
117 10
Tharaka Nithi
115 11
Kilifi
110 12
Mombasa
109 13
Nakuru
108 14
Siaya
106 15
Busia
105 16
Machakos 17
Wajir 99 18
Kitui 97 19
Homa Bay 96 20
Nyeri 92 21
Nyamira 90 22
Nyandarua 81 23
Tana River 78 24
Makueni 76 25
Nandi 74 26
Migori 73 27
Kajiado 72 28
Vihiga 70 29
Samburu 68 30
Bomet 67 31
Muranga 32
Uasin Gishu 62 33
Mandera 57 34
Marsabit 35
Trans Nzoia 56 36
Laikipia 52 37
Turkana 51 38
Kwale 50 39
Baringo 45 40
Lamu 43 41
Embu 42
Taita Taveta
Kirinyaga 44
Elgeyo Marakwet
Kericho 46
West Pokot 47
Narok 22
Total
4,242
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9. INTERVENTIONS: 1. INVESTIGATIONS INTO CORRUPTION AND UNETHICAL CONDUCT
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10. INVESTIGATION STATUS IN COUNTIES (2013- 2017)
Particulars
No.
Number of reports involving counties
4,242
Number of cases taken up for investigations
No of cases on ethical breaches
(93 state officers , 64 public officers)
3,243
157
Number of counties under investigations 47
Number of cases in court
Number of county officials in court
Number of current/former governors in court
Number of current/former CECs in court 76
Over 100 4 14
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11. NO. OF CORRUPTION AND UNETHICAL CASES IN COURTS PER COUNTY
S/No
COUNTY
NO. OF OFFICERS
Bungoma 2 2.
Nairobi 15
3. 
Uasin Gishu 1
4. 
Taita Taveta
5. 
Machakos 8
6. 
Nyeri
7. 
Vihiga
8. 
Mombasa 4
9. 
Kisumu
10. 
Embu
11. 
Turkana 3
12. 
Trans Nzoia
13 
Kajiado 3
14 
Meru 1
15 
Garissa
16 
Makueni
17 
Murang’a 2
18 
Migori 5
19 
Kitui
20 
Kilifi 4
21 
Mandera
22 
Bomet
23 
Isiolo
24 
Kiambu
25 
Marsabit 26
Samburu
Total 76
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12. CONVICTIONS
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13. CONVICTIONS IN COUNTIES (SEP 2016 - JUNE 2017)
COUNTY
OFFICIALS
NATURE OF CHARGE
JUDGEMENT DETAILS
Nyeri
2 CECs
1 Chief of Staff
Procurement irregularities, embezzlement of funds & abuse of office
Fined Kshs. 7.8 million each or 3 years imprisonment.
Bomet
Head of Procurement
Procurement irregularities
5 Years without an option of a fine
Migori
Head of Accounts
Bribery
Fined Kshs. 200,000/= or 2 Years imprisonment.
Nairobi
Works Officer
Procurement irregularities and abuse of office
Fined Kshs. 1 million or one year imprisonment
Nairobi  
Ward Administrator
Fined Kshs. 170,000 or 2 years imprisonment.
Vihiga (Assembly)
Assembly Clerk
Obstruction
Fined Kshs. 50,000 for each count or imprisonment for a period of 20 months
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14. 2. RECOVERY OF CORRUPTLY ACQUIRED ASSETS
Assets worth Kshs 6.1B recovered ( )
Assets traced Kshs 14B (Including former local authorities)
e.g. Kilifi 104M, Nairobi 531M, Kajiado 250M
Ongoing recovery proceedings for assets worth Kshs 5.5B.
(Kshs. 74 million recovered from the former Managing Director KPA (September 2017))
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15. 3. CORRUPTION PREVENTION
29 Corruption Risk Assessments (CRA) undertaken (14 County Executives and 15 County Assemblies).
Key findings point to;
gross violation of laid down financial and procurement procedures in management of public resources.
blatant violation of human resource procedures in recruitment of personnel, promotions etc.
lack of /non compliance to regulations, policies and procedures in asset management and internal audit
Advisories were issued to counties to address the findings
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16. CORRUPTION RISK ASSESSMENTS (CRA) CRAs undertaken in the following Counties Executives
S/NO
COUNTY 1
Kilifi 2
Kwale 3
Laikipia 4
Nyeri 5
Tharaka Nithi 6
Kisii 7
Kitui
S/NO
COUNTY 8
Kericho 9
Busia 10
Homa Bay 11
Kajiado 12
Nakuru 13
Trans Nzoia 14
Samburu
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17. 4. EDUCATION, TRAINING AND PUBLIC AWARENESS
Integrity training for county state and public officers.
County public outreach programmes undertaken in 19 counties.
Integrity training in schools, colleges and universities.
Establishment of integrity clubs in schools, colleges and universities
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18. COUNTY PUBLIC EDUCATION OUTREACH PROGRAMMES
Nyamira
West Pokot
Migori
Nandi
Laikipia
Isiolo
Tharaka- Nithi
Kilifi
Kwale
Busia
Kajiado
Kericho
Nakuru
Uasin Gishu
Makueni
Embu
Meru
Marsabit
Homa Bay
9/16/2018

19. Development of Leadership and Integrity Regulations, 2015
5. IMPLEMENTATION OF CHAPTER SIX OF THE CONSTITUTION ON LEADERSHIP AND INTEGRITY
Development of Leadership and Integrity Regulations, 2015
Guidelines developed to support public entities implement the provisions of the Regulations on:
Conflict of interest
Gifts
Public collections
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20. (a) DEVELOPMENT OF SPECIFIC LEADERSHIP AND INTEGRITY CODES FOR STATE OFFICERS
Category of Public Entities
No. of Entities that have developed codes
No. of Entities that have not developed codes
County
Executives 35 12
Assemblies 46 1
Total 81 13
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21. (b) COUNTIES THAT HAVE NOT DEVELOPED SPECIFIC LEADERSHIP AND INTEGRITY CODES Submission Deadline 15 January 2018 1
Bomet 8
Meru 2
Bungoma 9
Murang'a 3
Garissa 10
Turkana 4
Kajiado 11
Vihiga 5
Kisumu 12
Wajir 6
Lamu 7
Makueni
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22. (c) INTERVENTIONS ON LEADERSHIP AND INTEGRITY cont.
All Governors, Deputy Governors and MCAs signed and committed to Leadership and integrity codes.
Assessment of declaration of income, assets and liabilities (DIALs)
Provision of technical support to counties to implement chapter 6 of the Constitution
Development of generic administrative procedures for management of DIALS for County Public Service Boards and County Assembly Service Boards.
Integrity verification for persons seeking appointment/ election to public office.
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23. CHALLENGES Weak governance and accountability structures;
Inadequate cooperation with EACC;
Lack of ownership and commitment to the fight against corruption by various stakeholders;
Lack of operational manuals and procedures;
Inadequate technical capacity
Prevalent unethical culture in the country;
Weakness in anti-corruption laws.
9/16/2018

24. OPPORTUNITIES FOR COLLABORATION
Undertake Corruption Risk Assessments to strength systems and procedures of work
Implementation of Leadership and Integrity Codes
Training on ethics and anti-corruption
Management of Declaration of Income Assets and Liabilities (DIALS)
Supporting investigations
Vetting of staff during recruitment
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25. OPPORTUNITIES cont’d…
Embrace performance contracting model and include corruption eradication indicator:
Formation and operationalization of Corruption Prevention Committees/ Integrity Departments
Training of Integrity Assurance Officers(IAOs)
Sensitization of public officers on ethics and integrity.
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26. CONCLUSION Leadership responsibility- Set the ethical tone at the top;
Uphold the rule of law in county operations;
Provide budget for integrity programmes;
Ensure that all officers in your County:
Uphold / adhere to the provisions of the law
Uphold personal, professional and institutional integrity
Do not engage in corrupt and unethical practices
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27. Former US Secretary of State.
PARTING QUOTE
“The first step for a leader is to be right with yourself. Integrity is the basis for leadership”
Condoleezza Rice
Former US Secretary of State. ”
9/16/2018