WATCHMAN UNDER WATCH

Abstract

CAJ undertook investigations into the allegation levelled against EACC of impropriety and abuse of power by selectively awarding the Deputy Commission Secretary a salary beyond the rates approved by the Salaries and Remuneration Commission and, the grave allegations of impropriety by some EACC officials through alleged acquisition of some houses allegedly donated or facilitated by the NSSF, or whose acquisition demonstrates forbearance or culpable accommodation on the part of NSSF, at a time the later body was under investigations by the former. Summary of conclusions of the investigations on the allegation of selective awarding of a salary to Mr. Michael Kamau Mubea: CAJ established that Vice Chair, Ms. Irene Keino and Commissioner Professor Jane Onsongo were sworn in as EACC Commissioners on the 27th September, 2012 and immediately assumed office. The Chair Mr. Mumo Matemu had to await determination of the case filed against him in the High Court of Kenya. The two Commissioners sought advice from the Attorney General on whether they could transact commission business without a Chair and the AG advised them that the law allows them to conduct business of the Commission pursuant to Paragraph 5 and 6 of the second schedule of the EACC Act. EACC had advertised the vacancies for the Chief Executive officer, the Deputy Commission Secretary Operations and the Deputy Commission Secretary Support Services in the Daily Nation Newspaper of 6th November, 2012. The applicants for the three positions and those who were shortlisted for the positions were placed on the Daily Nation Newspaper of 27th November, 2012. Mr. Michael Mubea was among the shortlisted candidates for the position of Deputy Secretary – Operations while Mr. Edward Kenga Karisa was shortlisted for the position of Deputy Secretary Support Services among others. Interviews for the position of Deputy Commission Secretary – Operations were conducted on the 5th December 2012. Mr. James Otieno Olala was the best candidate with a score of 64% while Mr. Michael Mubea came second with a score of 63.2%. The recruitment process for the CEO and the two Deputy Commission Secretaries followed the normal recruitment procedure. The interviewing panel decided to offer the position of the Deputy Commission Secretary – Operations to Mr. Michael Mubea in the interest of infusing new blood into the commission and because Mr. Mubea had broader exposure and experience as a senior manager. Mr. Edward Kenga Karisa was offered the position of Deputy Commission Secretary Support Services. The interview panel consisted of Ms. Irene Keino, Vice Chair EACC as the Chair of the panel, Commissioner, Professor Jane Onsongo as a member. EACC co- opted Ms. Stella M. Munyi from the office of the Attorney General, Mr. Paul Ndemo, from the Director of Public Prosecution and Mrs. Florence Wachira from Public Service Commission. Public Service Commission also sent Ms. Jastine Mboya to provide secretariat services to the interview panel. EACC Human Recourses Department did not participate in the actual interviews other than receiving and capturing the applications and forwarding them to the Commissioners.