The Ethics and Anti-Corruption Commission (EACC) has launched extensive investigations into multiple state agencies, independent commissions, and public universities over allegations of irregular tender awards and economic crimes.
Water Agencies Under Scrutiny
EACC’s latest report for the 2023/2024 financial year highlights investigations into the Tana Athi Water Works Development Agency and Athi Water Works Development Agency for alleged irregular awarding of tenders worth Sh26.7 billion for the Ruiru II Water Project, Karimenu Water Project, and Kitui Matuu Water Project.
State Broadcaster Faces Probes Over Multi-Billion Dispute
The Kenya Broadcasting Corporation (KBC) is being investigated over an irregular financial engagement in 2005/2006 and the controversial termination of a joint venture with Channel 2 Group Corporation in 2009, which resulted in an arbitral claim of Sh19.2 billion ($150 million) in 2012.
Kenya Railways Retirement Fund Land Sale Under Investigation
EACC is probing allegations of an irregular disposal of 139 acres of land worth Sh8 billion in Makongeni by the Chief Executive Officer of the Kenya Railways Staff Retirement Benefits Scheme (KRSRBS) between 2021 and 2023.
Universities Implicated in Procurement Irregularities
- Jaramogi Oginga Odinga University of Science and Technology (JOOUST) is under investigation for a Sh2.5 billion tender awarded to Sasah Construction Company Limited for a hostel block between 2012 and 2022.
- Moi University is being investigated for a Sh1.9 billion tender awarded to Dinesh Construction Limited for the construction of the Public Health, Dentistry, and Nursing (PDN) Unit and Library Phase II at Moi University Annex Campus in the 2023/2024 financial year.
Roads and Infrastructure Agencies Under Investigation
- Kenya Rural Roads Authority (KeRRA): The Director of Corporate Services is being probed for alleged conflict of interest involving Sh2.3 billion in payments made to proxy companies Road Care Contractors Ltd and NCQ Millers Ltd between 2016 and 2022.
- Kenya National Highways Authority (KeNHA): Investigations are underway regarding Sh239 million in fraudulent payments for emergency road repairs on the Bura Turn-Off–Hola Turn-Off (B89) Road in 2021/2022.
- NHIF Fraud and Health Sector Investigations
- The defunct National Health Insurance Fund (NHIF) is under scrutiny for Sh3.2 billion in alleged fraudulent transactions involving Afya Bora Hospital Annex, Joy Nursing and Maternity, St. Peters Orthopedics and Surgical Specialty, Jekim Hospital Nkubu, and Jekim Medical Center between 2019 and 2023.
Other High-Profile Investigations
- Geothermal Development Company (GDC): Allegations of irregular awarding of a Sh3 billion drilling services contract to Lantech (Africa) Limited in 2013/2014.
- Kenya Airports Authority (KAA): Investigations into Sh194.2 million in tenders awarded to cleaning service providers Fair Logistics, Casto Limited, Nyabenge General Supplies, and others between 2016 and 2023, linked to senior officials.
- Kenya Ports Authority (KPA): Probes into procurement irregularities related to Sh237.3 million in tenders awarded to Logitech International Limited for supplying potable water to Lamu Port (2019-2021).
Asset Recovery and Unexplained Wealth
EACC completed 26 asset-tracing inquiries, uncovering illegally acquired properties, including:
- Kibuye Market in Kisumu (Sh2 billion), transferred to Andrew Oyara Okwach.
- 93 parcels of public land in Kisumu’s Nyalenda (Sh1.5 billion).
- Public utility land in Woodley, Nairobi (Sh1.35 billion).
The commission also averted losses, including:
- Sh1 billion in irregular compensation for those affected by the Mombasa Special Economic Zone, Dongo Kundu Project.
- Sh650 million in questionable legal fees paid to Miller and Company Advocates for a case in Mombasa.
Prosecution and Convictions
During the review period, EACC finalized and forwarded 126 case files to the Office of the Director of Public Prosecutions (ODPP). Out of these:
- 104 cases were recommended for prosecution.
- 8 cases required administrative action.
- 14 cases were closed due to delays in decision-making.
Additionally, 56 investigation files on violations of Chapter Six of the Constitution and Leadership and Integrity Act (2012) were completed. The Commission secured 12 convictions on corruption and unethical conduct, reflecting a 26.7% conviction rate.
