National Integrity Alliance

ACAC 3rd Floor A.C.K. Garden House Wing A, 1st Ngong Avenue off Bishop’s Road. P.O Box: 10676-00400, Nairobi Tel: 0722 747 368 0726 994 359

Angaza Writers 3rd Floor A.C.K. Garden House Wing A, 1st Ngong Avenue off Bishop’s Road. P.O Box: 10676-00400 Nairobi Tel: 0722 512 378

SID 6th Floor Timau Plaza, Suite B, Argwings Kodhek Road, Kilimani P.O Box: 2404-00100 Nairobi Tel: 020 386 1990/4/9

TI – Kenya 3rd Floor A.C.K. Garden House Wing D, 1st Ngong Avenue off Bishop’s Road. P.O. Box: 198-00200 Nairobi Tel: 020 272 7763/5

FOR IMMEDIATE RELEASE: ANTI-CORRUPTION CIVIL SOCIETY ORGANISATIONS’ STATEMENT ON INTERNATIONAL ANTI-CORRUPTION DAY 2015 Nairobi – Wednesday 09 December 2015- Civil Society Organisations have placed the Government on notice of their intention to privately prosecute individual Public Servants and State Officials who are holding unretired imprests, allowances and cash advances. Speaking at today’s 11th International Anti-Corruption Day celebration in Central Park, Association of Citizens against Corruption Director Dr. PLO Lumumba stated, “Should these imprests still be outstanding by January 15th, we shall publish a list of public servants and proceed to the High Court to have these public monies returned to the Government.” Imprests, allowances and cash advances are advanced to public servants in the course of their duty. The monies are often used for travel missions within the country and internationally. In the context of widely reported frivolous bench-marking trips and extravagant conference based missions, this has become an area of gross impunity. Reports of the Office of the Auditor General indicate that as much as Kshs 351 million advanced to elected and appointed State Officials maybe still be unaccounted from 2013/2014. The issue has been raised severally by the Public Accounts Committee of the National Assembly. However, their recommendations to have these monies recovered seem to have fallen on deaf ears. Society for International Development Associate Director Irungu Houghton states, “Our notice is completely consistent with Article 226.5 of the Constitution, Section 68 of the Public Finance Management Act (2012) and the November 23 Presidential directive. Public Servants and State Officials are personally accountable for the management and use of public monies.” Transparency International Kenya Executive Director Sam Kimeu noted, “The National Integrity Alliance welcomes the nomination of a new Cabinet. Following views by the public and vetting by the National Assembly, we urge each of the Cabinet Secretaries to bring a fresh broom to their Ministries. We call on them to make cleaning up procurement theft and unretired imprests a key performance target in the first quarter of the year.” The organisations intend to institute private prosecutions in the course of February 2016 with a view to recovery of Government assets. ENDS

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Sam Kimeu, Executive Director, Transparency International – Kenya Email: skimeu@tikenya.org;

PLO Lumumba, Director, Association of Citizens Against Corruption Email: plolumumba@gmail.com

Irungu Houghton, Associate Director, Society for International Development Email: irunguh@sidint.org C.c. Cabinet Secretary, Ministry of Health Cabinet Secretary, Ministry of Defense Cabinet Secretary, Ministry of Finance Ethics and Anti-Corruption Commission Chief Executive Officer Halakhe D. Waqo NOTES

1. The International Anti-Corruption Day is observed in over 80 countries. It offers a moment to review and set agenda for reaching the United Nations Convention Against Corruption (UNCAC) (2003). Kenya was the first country to ratify the Convention on 9th December 2003. See http://www.anticorruptionday.org/ 2. The Constitution of Kenya Article 226.5 states “If the holder of a public office, including a political office, directs or approves the use of public funds contrary to law or instructions, the person is liable for any loss arising from that use and shall make good the loss, whether the person remains the holder of the office or not’ 3. The Office of the Auditor General 2013/4 reports especially cite the Ministry of Health and Ministry of Defence for unsupported expenditures, non-surrender of imprests, excess expenditure, unauthorized expenditure, long outstanding un-reconciled items in bank reconciliation statements, misallocation of expenditure items and lack of adequate disclosure. 4. Of the 17 Government institutions with unsupported expenditures, the Ministry of health had the highest amount totaling to 22.5 Billion. This was more than 1/3 of all unsupported expenditures amounting to 66.7 Billion. (2013/14) 5. The Ministry of Health also had pending bills worth 2.1 Billion and outstanding imprests worth 2.8 Billion. The Ministry did not provide an imprest register for audit review. (2013/14) 6. Management of imprests remains a major audit query in all audit reports and it’s not clear whether recommendations by PAC for monies to be recovered from public officers, is ever done. (2013/14) 7. The amount of unsurrendered imprests reduced from Ksh 633 million in 2012/13 to Ksh 351 in 2013/14. A large number of Officers continue to receive cash advances while still holding imprests. 8. The National Assembly has a role to ensure proper systems are put in place to control cash advances and at the same time, adopt efficient ways to recover money from liable officials. 9. Accounting officers should be held personally liable for any monies given to officers who are not cleared on previous imprests.