The Ethics and Anti-Corruption Commission ( EACC) is set to recover Ksh26 million worth of assets acquired fraudulently by Homabay County Assembly Clerk, Bob Kephas Otieno through Nyangume Enterprises owned by his wife, Everlyne Ogutu.
South Nyanza EACC Regional Manager, Enock Otiku covering Kisii, Homabay, Migori and Nyamira counties said the recovery follows a court verdict in favour of the Commission, adding, the case started in 2018.
The verdict says “The plaintiff, therefore, contends that the said payments of Ksh. 26, 272, 460 was fraudulent, illegal, unlawful and against public policy”
Addressing the press at the Commission’s headquarters in Kisii town, the Manager said the wife was working as an Administrator at Marindi Health Centre and doubled up as the proprietor of the Enterprise.
“ The Firm was not prequalified to offer services and goods to the County Assembly of Homabay. It is a case of conflict of interest” Otiku said, stressing, the transactions of the funds were traced to the Firm’s account.
The Manager noted the two will face criminal charges after it has recovered the Assets, adding, they will pay 12 percent interest and the cost of the suit.
He said if the duo is found culpable in the criminal case, they will be convicted, fined, or jailed, emphasizing the Commission is also pursuing 19 county Executive Committee Members in Homabay for various crimes.
“ “ The persons earned multiple salaries while others worked in other counties. The Commission targets to recover Ksh. 42 m earned through fraud” Otiku asserted.
The Manager said the Commission is embracing Alternative Dispute Resolution ( ADR) to recover the Assets fraudulently acquired.
In ADR, parties involved resolve the matter through mediation, arbitration and the process is less formal.