EACC says clearing Waiguru of corruption was a big mistake

The Ethics and Anti-Corruption Commission has admitted that it erred in clearing former Devolutin Cabinet Secretary Anne Waiguru in the National Youth Service (NYS) corruption scandal.

Ms Waiguru was cleared of the Ksh790 million National Youth Service (NYS) scam due to what the anti-corruption body termed “communication breakdown” with other government agencies.

This admission casts doubts on EACC’s work, which have been seen by critics as favouring suspects close to President Uhuru Kenyatta. Before she resigned – some say he was, in fact fired – Ms Waiguru was one of the core ministers and held the all-powerful docket of Devolution and National Planning.

“Investigation leading to the clearance was one track. The investigation leading to the Sh791 million was another track and we in the government were not talking to each other and we made mistakes,” EACC chairman Philip Kinisu told a parliamentary committee on Wednesday.

The case was given an interesting twist after Ms Waiguru’s business associate, Josephine Kabura, revealed damning details of money-siphoning in her affidavit. Ms Kabura claimed in an affidavit filed in the Civil Division of the High Court that Ms Waiguru not only helped incorporate the companies that were used to receive the Sh791 million, but also helped fast-track payment of the colossal sum.

The EACC chairman said the commission had recovered Sh9 billion worth of assets in the last 10 years, including Sh600 million in cash. He said the creation of the Asset Recovery Agency was likely to boost recovery of more assets linked to corruption.

Mr Kinisu said the UK government has agreed to hive off and return to Kenyan taxpayers Sh51 million from the assets of the British firm found guilty of bribing Kenyan officials to win printing contracts at the Kenya National Examinations Council and the Interim Independent Electoral Commission.

The firm, Smith & Ouzman, was found guilty by a British court of having given out Ksh51 million in bribes. The EACC was updating the National Assembly’s Justice and Legal Affairs Committee on what the commission has done, its plans and challenges in dealing with corruption cases.

[crp]