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Annual Report 2019-20 Size: 14410 Kb Ethics and Anti-Corruption Commission Annual Report 2019/20 ETHICS AND ANTI-CORRUPTION COMMISSION REPORT OF ACTIVITIES AND FINANCIAL STATEMENTS FOR THE FINANCIAL YEAR 2019/2020 Tuangamize Ufisadi, Tuijenge Kenya i Ethics and Anti-Corruption Commission Annual Report 2019/20 Ethics and Anti-Corruption Commission Integrity Centre, Jakaya Kikwete/Valley Road Junction P.O. Box 61130 - 00200, Nairobi Tel: (020) 4997000 Mobile: 0709 781000; 0730 997000 Fax: (020) 2240954 Email address: [email protected] © 2020 ETHICS AND ANTI-CORRUPTION COMMISSION Published 2021 ii Tuangamize Ufisadi, Tuijenge Kenya Ethics and Anti-Corruption Commission Annual Report 2019/20 TABLE OF CONTENTS LIST OF TABLES ............................................................................................................... vii LIST OF FIGURES ........................................................................................................... viii LIST OF ABBREVIATIONS AND ACRONYMS .................................................................. ix MISSION STATEMENT .................................................................................................... xiii MEMBERS OF THE ETHICS AND ANTI-CORRUPTION COMMISSION .....................xiv MESSAGE FROM THE CHAIRPERSON ...........................................................................xv MESSAGE FROM THE SECRETARY/CHIEF EXECUTIVE OFFICER ........................ xvii CHAPTER 1 : BACKGROUND ...................................................................................... 1 1.1 Introduction ................................................................................................................. 1 1.2 Mandate and Functions of the Commission ............................................................... 1 CHAPTER 2 : LAW ENFORCEMENT .......................................................................... 3 2.1 Introduction ................................................................................................................. 3 2.2 Reports Received and Processed ................................................................................ 3 2.3 Status of Investigations ............................................................................................... 5 2.3.1 Cases under Investigation .............................................................................. 5 2.3.2 Investigatory Applications ........................................................................... 12 2.3.3 Completed Investigation on Corruption, Economic Crimes and Ethical Breaches ....................................................................................................... 12 2.4 Proactive Investigations ............................................................................................ 18 2.4.1 Disruption of Corruption .............................................................................. 18 2.4.2 Integrity Testing ........................................................................................... 19 2.4.3 Investigations into Allegations of Bribery ................................................... 19 2.5 Reports to Office of the Director of Public Prosecution ........................................... 20 2.6 Cases on Corruption, Economic Crime and Unethical Conduct pending before Court 20 2.7 Cases Finalized in Court ........................................................................................... 27 2.8 Illegally Acquired and Unexplained Assets Traced .................................................. 32 2.9 Civil Proceedings ...................................................................................................... 34 2.9.1 Applications for Preservation of Assets ....................................................... 34 2.9.2 Recovery Suits Filed .................................................................................... 35 2.9.3 Cases Filed against the Commission ............................................................ 37 2.10 Recovered Assets ...................................................................................................... 40 2.11 Issuance of Advisories, Notices and Cautions .......................................................... 44 2.12 Integrity Verification and Clearance ......................................................................... 48 2.13 Review of Policy and Legal Framework in the Fight Against Corruption ............... 48 2.13.1 Review of the Lifestyle Audit Bill, 2019 ..................................................... 48 2.13.2 Bribery Regulations, 2020 ........................................................................... 48 Tuangamize Ufisadi, Tuijenge Kenya iii Ethics and Anti-Corruption Commission Annual Report 2019/20 2.13.3 Conflict of Interest Bill, 2020 ...................................................................... 49 2.13.4 Statute Law (Miscellaneous Amendments) Bill, 2020 ................................. 49 CHAPTER 3 : PREVENTION OF CORRUPTION AND UNETHICAL PRACTICES ......................................................................................... 50 3.1 Introduction ............................................................................................................... 50 3.2 Systems Reviews ...................................................................................................... 50 3.2.1 Examination of Systems ............................................................................... 50 3.2.2 Corruption Risk Assessments ....................................................................... 53 3.3 Corruption Prevention Advisories ............................................................................ 58 3.2.1 Advisories under the Public Service Performance Contracting Framework 59 3.2.2 Advisories on Prevention of Corruption and Bribery under the Bribery Act, 2016 .............................................................................................................. 59 3.2.3 Corruption Prevention Guidelines................................................................ 59 3.4 Monitoring the Implementation of Prevention Interventions ................................... 60 3.4.1 Monitoring Implementation of Systems Review Recommendations ........................................................................................ 60 3.4.2 Monitoring Implementation of Advisories ................................................... 60 3.5 Sectoral Corruption Prevention Fora ........................................................................ 60 3.5.1 Consultative Forum with Council of Governors .......................................... 60 3.5.2 Consultative Forum with various Institutions .............................................. 60 3.6 Enforcement of Leadership and Integrity Laws ....................................................... 61 3.6.1 Leadership and Integrity Codes for State Officers ....................................... 61 3.6.2 Codes of Conduct and Ethics for Public Officers ........................................ 61 3.6.3 Management of Declaration of Income, Assets and Liabilities (DIALs) ........................................................................................................ 62 3.6.4 Regulation of Bank Accounts....................................................................... 63 3.6.5 Capacity Building on the Implementation of Chapter 6 of the Constitution 63 3.6.6 Automation of Processes for Compliance with Chapter 6 of the Constitution 63 3.7 Education, Training and Public Awareness Programmes ......................................... 64 3.7.1 Public Outreach ............................................................................................ 64 3.7.2 Mainstreaming Integrity in Institutions of Learning .................................... 64 3.7.2.1 School Outreach Programmes ......................................................... 64 3.7.2.2 School Media Integrity Education Programme ............................... 65 3.7.2.3 Development of a Digital Adili Programme .................................... 66 3.7.2.4 Training of Integrity/Corruption Prevention Committees ............... 66 3.7.2.5 General Sensitizations ..................................................................... 66 3.7.2.6 Media Integrity Education ............................................................... 67 3.7.2.7 Dissemination of Information, Education and Communication Materials ......................................................................................... 67 iv Tuangamize Ufisadi, Tuijenge Kenya Ethics and Anti-Corruption Commission Annual Report 2019/20 3.8 National Integrity Academy ...................................................................................... 67 3.9 Public Officer Integrity Survey 2019 ........................................................................ 68 3.9.1 National Values and Principles of Governance ............................................ 68 3.9.2 Bribery ......................................................................................................... 68 3.9.3 Illicit Enrichment ......................................................................................... 69 3.9.4 Conflict of Interest........................................................................................ 69 3.9.5 Unlawful Acquisition of Public Property ..................................................... 70 3.9.6 Damage to Public Property .........................................................................
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