GAZETTE NOTICE NO. 10334

take notice that a pditiori for a grant of Ietters of administration intestate to the estate of the above- named deceased, who died on 19th May, 1969, has been tiled in this registry . by Geoffrey Wamalwa Misko, in his capacity as an administrator of the deceased's estate. And further take notice that objections ih the prescribed tbrm to the making of the proposed grant are invited and must be lodged in this registry within th1111 (30) days of publication of this notice. And further take notice tltat if no objection has been lodged in this registry in the prescrijed form within. thirty (30) days of the date of publication of this notlcenthe cpurt may proceed to make the grant as myed or to make such order as lt thinks tit.P Dated the 29th November, 2005. F. K. GITONGA, District Registrar, Kimilili. 23rd December, 2005 THE KENYA GAZkr1'1'H o: lo GAzerrsxcrrlcExo. 10j35 Tl'lE ANTI.CORRUPTION AND ECONOMIC CRIMES ACT (No. 3 6/2003) ANNUAL REPORT AND AUDITED FINANCIAL STATEMENTS FOR THE YEAR ENDED 30TH JUNE, 2005 Preamble: The Kcnya Anti-cormption Commission is required under section 15 of thc Anti-comlption and Economic Crimcs Act (0 preparc annual reports for each tinancial year. Section 15 provides: ( 1) The Director shall cause an mmual report to be prepared for each financial year. (2) The Director shall submit tlle annual report to the Advisory Board and the Minister within four months after the end of the year to which it relates. (3) The annual report shall conGin, in respect of the year to which it relates- (a) The tiaancial statements of the Commission; and (b) A description of the activities of the Commission. (4) Without limiting what may be included in the annual report. the annual report shall include- (a) The infonnation set out in the quarterly reports under section 36 for the year to which the annual report relates; (b) A summary of the steps taken, during the year, in each civil proceeding instimted by the Commission and the status, at the end of the year, of each such civil proceeding; and (c) Such other statistical infonnation as the Commission considers appropriate relating to complaints to the Commission, investigations by the Commission and repolts by the Commission on the results of investigations. (5) The Minister shall, within thirty days after receiving the annual report, transmit it to the National Assembly. (6) The Commission shall cause the annual report to be published in the Gazette and in such other manner as the Commission may determine. This report is therefore made pursuant to section 15 of the Anti-corruption and Economic Crimes Act. The report covers the tinancial year ended 30th June. 2005. Ot:R CORE BIJSINESS .1-() colllbat corruptiol: alld ecollonlic klrilne il1 Kenya throtlgl) lahv ellfbrccl'nellt , prevention and education as stiptllated in tlle Anti-corruption and Econonl ic Crillles Act No. 3 of 2003. OUR VISION Tt) be a World Class Illstittltioll tbsterillg zero-tolerance to corruption in Kenya . Otllt SIISSION 'f'o colllbat corrtlptioll and ccollolnic crilne tllrough law elltbrcelzlent , preventîon al'ld public edtlcatioi). Ot!R CORE VALtJES Integrity Professionalisnl Fidelity to the law Cotlragc E xcel Iellce i 11 service OIJR SIANDATE 'I'l)c C'klllllllissiol'l is lllalltlated to colllbat alld prevellt corrtlptiol) tllrotlgll enlbrcelllent of tlle law y' educating tllc public al'ld enl isting their support agaitlst corruption: pfoviding prtventivkt sttrviot!s through pronhotion & dtvclopnltnt of good practices to seal opportunities and looplloles that li'tc i l itatk't corru I'ltiol'!. ( .- I I A l R !$ l A N ' S 5 l E S S A G E Ov ervien' (t'-orrtIjllioll is boll'l an allciell! alld lntltlern Ipllellolllenoll . l-lislory is replelc u'ith cases 0f- bribery and nepotisln . lndividual scoundrels and scan- tlals l'tavt attratted attention' antl lcnt colour to otllerqvise nlundant accounts of econolnic and political history . The study of corruptien llkts illtlstrated tllat corrtlption nqt t')llll'' varics f'rol')'l place to plactl btlt also hol'n tinle 10 tilne . In every cotlntry's history , th'ere are periods when corftkptiol! aplpears to t3k! pecul iarly higl) antl otlàers 'whtn incidences setun to dccline . C-orrtllptiol) is as t7ld as lllallkilld. Solue ol' tllc earl iest eflbrts to t'ight corruption in Ktllya startcd in the colonial era il1 the l 92Os . At the tinle. bribcry 'was born of an invtrsion of the social values thftt goverhed o'ur traflitionaî l ives. Virtues, sucl'l as reverence tbr elders, in-laws and peo- pIe i11 atltllority alld tlle traditiollal Atkicall hospitality ol gil-t - or tokell excllallge got abused and were transformed into delmands t o give a ttpken betbre action was taken oç a dttzision î'nadt . The vilx was strious enough to warrant a sptcilic la'w to deal with it . This led, eventuAlly, to tlle cllactlnent ol- Ihe J-'/'fzz:'e/7?/t)/? o -fcnorl'ltpliolt azlc/ (Cap 65) in 1 956. ' .4 l lo THE KENYA G ETTE 23rd December, 2005 Today. corruption is increasillgly seel) as a serious crinle 'with devastatillg collsequellces such as wastet-ul spending, bigger budgetary delicits, great econonlic illeqtlalities, disillvestluellts as well as tllporthodox trading practices. It continues to underlnint good governance and to distort ptlblic policy, leading to Inisallocatioll ol- rcsources. It Ilas contintled to slowdown econonlic growth as well as to discourage and f-rustrate both local and illterllatiklnal investors. Kenyans llave acknowledged the enorlnity of corrtlptioll as a probleln alld itS mally consequences lnil itating agaillst their national intcrests. From realizing tllat corrtllltion Ilegatcs llolisjic dcvelopmcllt: (hçre llas been n grcater desire al'!d political will ttl tackle tlle vice. Tlle Anti-corruption JINJ Ecollolllic Crimes Act, No 3 0 .f2003 established the Kellya Anti-corruption Conllnission (KACC) as a body corpe- . rattt bestowed with powtrs to tight corruptioll in aII its manifestations. Members ()f the Advisory Board Tlle Act also tstablislles tlle Kellya Antiicorruption Advisory Board, which is an unincorporated body consisting of thirteen melubers. Twelve of these are nominated by professional and business organisations, while the thirtcenth is the Director of the Conlmission, who doubles as Secretary to the Board. The current Board was appointed in August 2003 and cons i stS o f : ' * hlr, -Alllllednassir Abdtlllah à - (Chairnlan up to 1 3tî' septenlber 2004) Mr. Allaa Njoroge Ngugi - tchairluanl Nlrs. Shellnaz N. Sumar - (Vict Chairman) Prof. Alfred. V. Oticno Mrs. Anna M. Muchungu'' Mr. Cllarles Karitlki Wambqgu Mr. FralltistAtwoli Mr. Kipng'etich. lt. ùett Mrs. Mariamu El-Maawy Prot-. Mirianl K. Were Mr. Richard Boro Ndung' u Jtlstice Aaron Ringery - Member/secretary . Two additional nolmillees are still awaited, conscquent upon the resignation; of the initial F 1DA and LSK noluinees. The Role of the Advisory Board The prillcipal ftlnctioll of tlle Advisory Board is to advise the Comlmission' generally on the exercise of its powers and thc performance of its ftlllctiolls tlndlzr the Act. 'l-0 tllis end, tlle Board is autllorized to establish colnlpittçes witll respect to the various functions of the Conllmissiol) .. ( as it Illay deem nectssary tbr tllc better perfbrmance of its f'unctions. Board s'Ieetings The Act tlndttr the -1-11 ird Schcdtlle (Section 2 1 ) stipulates that the Advisory Board is required to Ineet at Ieast fbur tinles in every financial . k year. However, nleetings may be held Imore frequently tllan tlle statutory reqt'llrelllent, as Ileed arises. For tlle year under review , tlle Advisory Board l'net Imore freqtlently to recrtlit the top lmanagers of the Colnlnissibn. O u tloo 1( f J . j . . . . ? ,Relleqting back, on thç year tlnder review, and btaring in mind that the t-irst batch of statf only came Qn board in Febtuat'y 2005 . we as a Board art: vtry proud of what they havt achieved under the able and focussed leadtrship of the Commission's Director , Hop. Jtlstice Aaron G. Ringera. AIl the staff were recruited competitivçly :nd have brought to the Commission varied skills and abilities , reintbrced by a commitment and dedication tllat makes their intention patently clear in the tight against corruption. Their contribution towafds the attainment of a Kellyan society that will tolerate nothing less than zcro corruption is encouraging. Otlr Strategic Plall, in wllose preparation both Commissfon staff and Board members havc been involved, is Ilearing completion. The Strategy Plan .is a well thought otlt and'artictflated diculnent that we believe will ser've 'us well in. otir particular circumstances and context. We côuld not just tbllow, or borrow , what others are doing, or may have done because we are aware that anti-corruptiun strategies are beset by problems of transferability p sustainability, cost effectivenesi, se'quencing and intent. Further- more, tlle choice of strategy has ilnplications for different arms of tlle government. A foctis on investigating corruption, fbr instance, has obvious inlpl ications tbr the eriminal justice system, its resourcing and independence. If the fbcus is on prevention rather than rdribution, or on attacking the catlses rather than the conseqtlences of corruption, 'different colisiderations apply. Where Iow- level t%petty'' corruptio'n isxcpncernedk anti-corruption strategies sometimes fbctis on elnpowering the public through information and access, in order to hci1'd 1ooal officials ' accountable. If grand and petty corruption flourish best in secrecy, openness and tralsparellcy are oûen s'een as kzy elements il1 anti-corruption strategies . ' ' ' ' ' ' 23rd December, 2005 THE KENYA GAZETFE 3117 KACC has approached the t-ight against corruption in a systematic manner that is bearing good results. But more needs to be done. The ebb and tlow of corruption is difficult to predict, but what is çertain is that claims that various anti-corruption bodies set up by tlle Government are not achieving results, are at best misconceived per ctnt at least in so far as Kenya Anti-corruption Commission is concerlled. Granted that tlle level and exttnt of corruption in the country still gives us no caust tbr complacency, leave alone cele- bration, a look at our quarterly reports and the scope of our anti-corruption activities should démonstrate that those still engaging in corrupt practices should have no reason 'to sleep easy anymore. We are contident that the drive and strength illustrated by the man- agelnent alld staff will continue to bear fruit, leading to the realization of the Commission's vision to be A World Plass Institution Fostering Zero Tolerance to Corruption. I wisll to take this opportunity to êxttnd a hand of gratitudt to my çolleagues on the Board for their tireless efforts towards the Com- lllission's work. I have no doubt that both tlle KACC management and staff appreciate the strong foundation laid by the Board mem- . ' ' bers and the positive impact of their wise counsel on differellt aspicts of the Commission's work. I im very proud of the harmonious ' (. relatipnship that prevpils between the Commission and the Advisory Board. We clearly taken to heart the advice of Tom - ' u: - jt jj jously with 'histBoard and aOwuor, a tormer Advisory Board Chairman that An etfective manager is one who can wor armon good Board is one that tbrmulates policies apd maintains an oversight responsibility within the framework of the Iaw and corporate ; ' . 1 * ' ' .. . ' '' ' . . ' ' ' . ' '''''' '' ' '''' ' ' strategic plan targets without micro-managing the implementatio' n of its policy . '' ' ' We continue to appeal to aII Kenyans to join hands with us in the tight against corruption, both in low and high places. I wish to assure Kenyans that thcy can take the Commission and the Board on our word - that vigorous action continues to be taken by Com- mission staff in waging the fight against corruption. 'We are aware that the public expectation is higher than what we have dulivered so far, but that is not to say that we have not delivered. With your continued support , espeèially by pioviding information relating to corrtpt conduct an2 pracfices by individuals and institutions, wt cannot fail', 'no matte.r how ' onerous the challengc contionting us is. 6th October 2005 ALLAN N. NGUGI, OGW, , . . , . Chairman Ktnya Anti-cortuption Adtisory Board DIRECTQR'S REPORT The Kenya Anti-corruption Conlmission as envisaged by The Anti-corruption and Economic Crimes Act No. J of 2003 was constituted on 10 September 2004, when 1 , the Director, and tllree Assistant Directors' , tbrmally took office. ' ' ' ' '' Tlle imlnediatè challenge facing my managenlept team , with the guidance of the Advisoly Board , was to create a proftssional and, vibrant insti- ttltion luanned by l'nen alltl women of integrity . I al'n pleased to report that the planning antl recruitment phases of the Commission's. . ,, . . . . . , , j;srst year in operation are viriually colnplete. The last batth of liwly-fecruited ofticirs rtpiirtcd on 1% August 2005 . jimilarsy, the, , ' j: ' .Colmlz'l ission s strategic plallning process 'wi I I be cornp Ieted weI l betbre fhe tn of tl')e calendar ytar . The task at lland is the exectltion ot- the Commission's three-prollged mandate in the tight against corruption. These include: Iaw enforcement through investigation, asset-tracing and recovery; prevention of corruption through identitic'ation and elimination of opportunities for corruption in systems and procedures ot- public bodies' , and public education aimed at enlisting public support. These three elements must pro- gress togetller iI) a coordillated way'. . A lot ot-conceptual hard work and planlling by the management te@m and the Advisory B oard has led to the present situation , which is retlective of the period under review - fully mallned and operational Kcnya Anti -corruption Commission that is efficiently and professionally executing it5 statutory mandate. . . Law Enforcement The 'Comlllission is iI1 every sense , the institution of first recourse , with regard to the tight against corruption for many Kenyans. The number of complaints reported by citizens rises every month. Between 1Sd July 2004 an2 30:1' June 2005 , a total of 3,234 complaints of susptcted and alleget corruption and economic crime were received at the Commission , Of this number, only 384 (1 1 .9t)4) were found to merit further invtsti- gatioll by tlle Commission unger its statutor ,y lnandate to address corruption and economic crime. The need for the oftice ofombudsman is theretbre very clear to the Commission. On the nature and progress of investigations undertakell-by the Commission , there now exists institutional capacity to undertake a bigger case load than was previously possible. In addition, the Commission is proceeding boldly , bucking established practices and setting precedents by illvestigatil'tg corruption il1 al! areas of the public strvic 'e, including hithtrto çno-go areas' , such as security procurtmtnt. Il1 tlle period under review s the Commission forwarded 35 tiles to the Attorney Gencral , of which 23 were recommended for pfosecrution and 12 tbr closure. The Cbmmission colltinues to eljoy a close working relatfonship with the Attorney Gèneral and the State's investigative agcncies , stlcll as tlle Criminal lnvestigations Departnlent LCIDI. A total of l 20 corrugtion proseçutions are pending before Court On the date of this Re - port, They illclude those of 7 Permanent Secretaries alld 14 Chief Executives of State C orporations. .A-s at 30tl1 Jtlne 2005. the Comntission had l 67 cases ullder active invcstigation. 3118 THE KENYA GAZEWE 23rd December, 20 , 05 ln koeping with the statutory mandate and requirement to trace and recover the proceeds of corruptiop, three Iawsuits with a combined value of milliolls of shillings, were tiled by the Commission. In the coming months, many more suits will be filed in keeping with the realisation' that denying the ptrpetrators' tçenjoyment'' of the proceeds of corruption is a key element of a successful anti-corruption strategy. AIl in all, through the robust implementation of otlr law enforcement mandate we are a high-risk, no-gain activity. Research, Education and Preventive Services we at the Commission realize that, it is critically important to address the rcmt causes of corruption and the prevalent culttlre in the society. That h lic education policy interventions atld c' orruption prevenfioq sewices are an integral part in the tight'against this vice Undtris w y research s pub , . my Ieadership, the Commisqion will continue to pay adequate aqention to the prtvention of corruption through systematic change in the policies, practices, procedures and regulations of public bodies. lt will also promote attitude change and. public identitication with and participation in : . . anti-corruption measures. Much as this is the surest way of winning the war against corruption in the Iong term, I hasten to add that this will be ithout compromising to the vigorous enforcement of the anti-corruption law' s. ' done w ddermined to make corruption and economic crime .ëExècution of the Commission's various programmes is underway. As ïs set out in detail in the body of this Report, much has alrtady been done, including corruption-prevcntive examination of tht systems, procedures and practices of key public bodies. Such bodies include the Kenya Mediçal Supplies Agency (KEMSAI and the Motor Vthicle Licensing and Registration Degartment. We havt also undertaken corruption risk- assessrnenl of !he Municipal Counlil of Mombasa and parlicipated in high-traffic agricultural shows all over Kenya. The Commissii)n is collaho- ratimg with other stakeholders in the dtvelopment of appropriate curriculum with the aim of at inculcating ethics and anti-corruption content in . their programmes. Conclusion The l'nanagement tcam has ovtrcome the chjlllenge of establishing a strong, vibrant and professional institution that will stand the test of time. 'Our relnaining challenge is to be bo'ld in execution of our mandatt and duty, and to Iead the country along the path of zero tolerance to corruption, as is expected by the people of Kenya, ' 0n this road, the Commission has rec'eived and continues to receive both adequate financial and policy support from Government, and signilicant tneouragemtnt and support from tht citizens of Kenya, in whost name the Commission works and tbr whose benet-it the Uommission exists, l am ' pleased to report that KACC is the t'irst public institution to have its tinancial statements audited this ytark--Tlle tinancial statements have also re- ceived an unqualitied audit opinion, My lmanagelptnt team, the staff and the Advisory Board are determined to deliver. I call upon all Kenyalzs to coatinue supporting the Commission in this noble and worthwhile endeavour. Togtther, we should obliterate corruption from the face ofour beloved country. 4th October 2005 JUSTICE AARON G. RINGERA, Director / ChiefExecutive Kenv'a Xrl//-cclrrs/p///a Conlniissionz 23rd December, 2005 TIIE KENYA GAZETTE 3119 ' . ' . .. . . ' ....... ' . ' ' .. . ' . . ' . ' ..... . .. . ADVISORY BOARD DIRECTOR/CHIEF EXECUTNE ' 1r d , * ASSISTANT DIRECTOR AsslsmNT DlnecTon ASSISTANT DIRECTOR ASSISTANT DIREC- INVESTIGATION AND ASSE LEGAL SERVICES DIRECTORATE RESEARCH, EDUCATION, TOR TRKING DIRECTORATE Icurreitly DEPUTY DIRECTOR) POLSCY FINANCEAND ADMINIS- AND PREVENTIVE SERVICES TRATION . DIRKTORATE 'IR y CHIEF OFFICER CHIEF OFFICER ' CHIEF OFFICERCHIEF OFFICER LEGAL SERVICES RESEARCH EDUCATION POLICY FINANCEAND ADMINIS-INVESTIGATION ANDASSET ' ' . AND PREVENTIVE SERVICES TMTIONIRACING pnlxclpAu pRlxcl pRlNclpAu eRlNclpAu PRINCIPAL palxclex - pRlxclpx- pRlxclpx- eaxclpAu eaxclpAu pmxcmv- pmxclpws oFwlccR oFmlcER oFwlcEn oFwlcER 9FFICER oF,FlcEn olrélcEa oFwlcER oFncEa ogFlceR sqcoOFKCER O AQ7:2 1187::j. oel7ztks uIs&%k a JzcH azxo Ethucvt'N ''e= & errl. A'TI yzllcr '-csenooucvz mo tw ) . 1....0. cs Re Rv xjmz PERSONAL SENIOR OFFICER Btlc REPTIONS & YSKCOR OFFICERASSISTANT PU tNTERRALAUDST Mo'rxok IMPLEMENTATION REPORTS DIRECTORWE OF INVESTIGATION AND ASSET TMCING INTRODUCTION: ' Tl1b Directorate of Investigation & Asset Tracing is divided into three departments, each headed by a Principal Officer. These Departments are: l . Forensic Invtstigations Special Operations Report Analysis and Produdion The functions ofthe Directorate are to: corruption or economic crime has occurred or is about to investigate any matter that raises svspicion that conduct liable to allowing, encouraging or causing conduct constituting cor- ruption or economic crimes has occurred or is about tp pccur. . investigate any perstm's conduct that is deemed to be conducive to çorruption or economiç crime. assist any Iaw enforcement agency ofltenya in the investigation of corbruption cr economic crime. investigate the extent of liability fbr the loss of or damage to any public property for purposes of recovery or compensation. recommend cases for prosecution or any other approprigte action upon completion of investigations. arrest and arraign suspects of corruptioll or economic crimes in Court. ' * avail witnesses and generally liaise with tht prosecutors to ensure effkctive prosecution of corruption or economic crimes. * provide security to the building and property of the Kenya Anti-corruption Commissifm and to its staftl visitors and witnesses. Report Analysis and Productien The department comprises tw0 divisions: l . Analysis and Production 2. Report and Data Centre The Department is charged with the fesponsibility ot- receiving and processing all feport.s received l)y the Commission; Interviewing complainants and informants who repo.rt to the Commission and advising them appropriately. The department also analyses complaints and recommends appro- , priate action. It forwards reports which fall tlnder the Commission's mandate to Forensic Investigatjons, Special Operations or to the Direitorate of Researcll, Education, Policy and Preventive Services, :zs may be appropriate. Complaints that do not fall under KACC mandate are referred tdother investigative agtncies and government bodies, such as the Criminal lnvestigations Department (C1D), Kenya Revenue Authoriœ (KRA) and the Department of lmmigration. The Data Centre maintains all the data on cases reported to the Co' mmission and the adidn tRken. lt gtnerates statistics and peritldic reports on cases reporteif to the Commissioll. receive, process and analyze reports. à. i i n that'conduct constitutinginvestigate any matter that r ises spsp c o 3120 THE KFNYA GAZETTE 23rd December , 2005 Special Operations The Departmellt conlprises thret (Iivisions; Surveillance and Technical Services Division Rapid Response Division * Pretectioll Services Division Tht Surveillance and Technical Services Division provides technical support for the department . It collects intclligence relatçd.to corrtlption and economic crimes, for use in investigations. It àlso provides backup support to the Commission's investigations' teams and other law ' entbrcement agencies involved in the fight against corruption and economic crimes. Rapid Response division is charged with the responsibility ofcarrying out stipg operations on bribe demand cases that have been reported . The Protection Servicts Division is charged with the responsibility of ensuring stcurity for the personnel , processes and assets of the Commission. The Division also co-ordinate's disaster preparedhcss and rrcovery efforts within the Commission' , to restore critical systems and proyide facilities . needed for th'e organization to ftlnction in case of adverst incidents or catastrophes. Protection Services Emergtncy tire systems at lntegrity Centre were serviced. An access control system was installed at b0th tntrances and is expected to be opera- j' .tional soon. Photo ldenti lcation badges for staft were introduced. Foren:lc Investigation The Forensic lnvestigation Department is made tlh of two divisions, namely: * Forensic lnvestigatiop Division * Asset Tracing Division . The department comprises a ptllti-disciplinarf team of ofticers who are sufficiently qualitied and çxperienced in their areas of spe- .; ' . cialization. T he Forensic lnvestigation Division is charged 'with the function of carrying out investigation of cases reported and ap- . , ' proved for investigations by the Commission. The Asset 'I'racing Division is engaged in trauing of assets Suspecttd to have bten )irrtgularly obtalnet or thosc that art related to any matter under invtstigation by the Commission or other agencies . It is Also charged with rtviewing and analyzing Asset Declaration Forms submitted hy public officers, in accordance witll the requirements ot- tlle . Public Ofticer Ethic's Act No. 4 of 2003. It also analyses declarations made to KACC by suspects .in the course ot- investigations. Lastly, the division.deals with asset tracing and realization of value, or liquidation of corruptly acquirtd assets. The Forcnsic Jnvtstigation Department is charged'with the responsibility ofcarrying out forensic audit in cases under investigation by the Commission and other agencits. It also undertakes the same exercise in areas of general public . concerù, Out ot- the 3,234 cases received by the Commission, KACC ttmk tlp for investigation 384 reports, wlli(lll represents I 8.9 per ccnt of aII the reports received. The bulk of the reports, about 80 per cent werc not corruption rtlated or covered under'the Anti-corrujtion and Economic Crimes Act No. 3 of2003 and were therefore retkrred to other agencies, such as the CID, KRA and other Government departments tbr appropriate action. ' A total of 3,234 reports were received and processed in the report year as follows: No. r..r . F orwarprd tp: . . ' . . . . n,tttty y,Y. o,. pf Reports ' L . ; ' ï ) ' . ) . l Forensic Investigations Departmçnt (KACC) . jj-y 2 Special Operations Department (KACC) ' ' 2 1 3 3 REPPS Directorate (KACC) .. . . , 4 4 Other invtstigative agtncies ' 5 Other Goverllment Departments (foq administrative action) .. . j () l () 6 Civil in nature ' 7 Complainants advised on appropriate authorities to which to report 330 8 Complainants requested to provide more details . . 1 7 9 ' . . No further action required . .25 1 . . . .T()taI ' . , , , .: 3.234. Q Sting Operations The tbllowing sting opcrations were carried out during the period under review: 23rd December, 2005 THE KENYA GAZETTE 3121 Category Cast Status No. Of Cases ' Bribe delnands Cases Pending Before Court 25 Cases Referred To Other Agencies 14 Cases close'd 80 Sting operations initiated by the division (Proactive) 3 ' TOTAL REPORTED CASES 122 During the year under review, the Special Operations Department carritd out a total of l22 sting operations, The operations were reports of allustd bribe demallds lllade by members of the public against ofticials in both the public and private sectors. Out of these, 25 were concluted and suspects - - ide KACC'S mandate and were hence referred to other'agencies . Eighty caqes were closed tbr lack ofarraignetl in Court , 14 were tound to tall outs suft-icient evidence, ' Surveillance & Technical Services Reports acted upon during the period under review were as follows: Month J u l y A u g S e p Oct 04 N o v D e c Jan 05 F e b M a r A p r M a y J u n 0 Total 04 04 04 04 04 05 05 05 05 5 Reports 0 2 5 1 2 . 4 14 15 8 14 18 8 91 1 i . I i l l . ..... I . . ... .. .. .. I I I ' I l . l I .Tl1e survcillance alld Technidal Service Division acted on a total of9l cases during the year. Forensic Investigation Cases Inqtliry Files Opened Between October 199.9 and June 2004 INQUIRY FILES YEAR NO. OF FILES OPENED Tetal CUMULATIVE NO. OF FILES OPENED tJNDER 1999 53 KACA 2009 1 1 1 164 2001 13 . 182ACPU 346 2002 l29 2003 40 2003 58 ' 286KACC 6 j 63)2004 2005 167 AlI the l 64 inquiry files opened by the defunct KACA were taken over by ACPU. ACPU in turn opened 182 inquiry files, wliich, together with KACA tiles wtre taken twer by KACC. As at 30tb June 2005 KACC had opened 286 inquiry files. Together with tiles taken over from the defunct KACA and ACPU this brought a cumulative number of 632 inquiry tiles. The status ot- the inquiry tiles is as tb1 lows : * I 6 t-iles were partially investigated and later retkrred to other investigative agencies * 38 cases were closed tbr lack ofsutxcient evidence * 37 cikses were tbrwarded to respective organizations fbr administrative action * 4 cases were consolidated with others with similar particulars * l case was stopped by a prohibition order l 6 tiles were tbrwardtd to the Attorney General, 6 ofwhich were recommended for prosecution while 1 0 were rtcommended for closure 6 I cëtses are pending betbre Court 67 eases were tinalized betbre Court through convictiolls - acquittals or discharges 392 cases are sti 11 under investigatioll - this includes 35 cases of untxplailled assets 3122 THE KENYA GAZEWE 23rd December , 2005 llighlight of Some of the Cases Investigated and Completed .Exorbitant payments ofup to Kshs. 91 million instead of-Kshs.5.9 million for renovation of Kericho Vocational Rehabilitation . Centre. Formel Ptrmantnt Stçrttarits Joshua Ttrtr and Sospetc: Arasa, wert chargtd with the otlknct of abuse of oftict. Other Senior Officers of the Min- istry of Roads and Public Works charged with them were, Messrs Steve Muthui, Robert Rono , Peter 'Moturi and John Rinturiri. Irregular award of contract for supply and insyallation of a new passport issuing system for the Department of Immigration to Anglo Leasing .and Finançe Ltd. Upon comfnencement of investigations Kshs. 91 million was refunded to the Central Bank on 14th May 2005, Mr. Syl- vester Mwadime Mwaliko fonner Permanent Secretary Office of the Vice President and Ministry of Home Affairs and Mr. Joseph Mbui Magari former Permanent Secret.ary Ministfy of .Finance, Mr. Wilson Sitonik former Director Govemmcnt lnformation and Technical Ser- vices and the former Head of the Department of External Debt Management Mr. David Onyonka were charged in Court. Through these inves- tigations the Government saved Kshs, 3 billion that would have been Iost through the fraud. Irregular award of.çontract for the supply and installation of forensic' science laboratories for CID to Anglo Lecing and Finance l etd. Former Pernianent Secretary in charge of Internal Security, Mr. Zakayo Cheruiyot and Mr. John Agili were charged in Court. Through ihis investigation, Kshs. 376 million w% refunded to tlw Government. Had'thi fraud not Ixen' unearthed by the investigation , the Gov- ' ernment would have Ioét Kshs.4 billion, d) The chief Exectltives of several state corporatibns who irregularly invested Public funds in the collapsed Euro Bank were arrested and ar- raigned before Court. . The case of embezi lement of public funds belonging to the National Museums of Kenya @MK). Former NMK Director Dr. Mohammed Isahakia was charged in Court and refunded Kshs. 2.5 Million to NMK. Cases on allegations ofbfibery to senior officials of the Judicial Commission of inquiry into Goldenberg Affair was completed. g) Cas'ej on allegations regarding payments pf honoraria to an inquiry team investigating Harambet SACCO was completed. . From the tbregoing, tht Govcrnment was able to save in excess of Kshs. 7 billion,, of which Kshs. 467 million that had been irregularly paid out ' was relknded to tbe Uovernment. ' Challences A Visunderstanding of the role of KACC: Statistics indicate that, KACC took up for investigations only about l 1 .gper cent of aIl the reports received. Most of the cases (80 per cent) reported were not corruption-related, or covered under the Anti-corruption and Economic Crimes Act 2003 and were therefore referred to relevant agencies for appropriate actii n. This shows that members of the public do hot clearly understand the malldate of KACC. Therefore, the need for more public education exists. * Limited access to the 'public: Currently alI Reports are received in Nairobi thereby limiting access to the Commission by mem- bers of the public who Iive outside Nairobi Harassment and intimidation ()f whistle blowers at their places of work: Section 65(1) of the Anti-corruption and Economic Crimes Act, No, 3 of 2003 attempts to protect informers but does not penalize those who breach this asection, hence the need for amendment to provide punishment for offenders. * The OtTicial Secret; Act, (Cap. 1 87 Laws of Kenya) is an impediment to public servants xwho would wish to rtport corruption, Since it bars public ofticers from disclosing information that they come across in the course of their duties. There is need to amend the Act to protect whistle blowers Ftlture plans Plans are undtrway to merge the Analysis and Production Division with the Surveillance and Technical Services Division to form a fully tltdged Intelligence Production Department (lPD). The Commission plans to decentralize' services by opening regional ofticts to reach more Kenyalls. THE DIRECTORATE OF LEGAL SERVICES The Dirèctorate is divided into three Departments, namely: 1 ) Civil Litigation and Asset Recovery Crime Reading 3) Research and Doctlmentation The Directorate i5 tasked with the tbllowing respon .sibilities: to provide Iegal advice to the Commission to coordinate tht preparation of aIl statutory repofts on behalfot-the Commission iii) to entbrce the Commission's mandate as spelt otlt under section 7( l )(h) of the Anti-corruption and Economic Crimes Act N0. 3 of 2003, namely to investigate the extent of Iiability tbr the Ioss of or damage to any public property and institute civil proceed- ings agaih.st any person for the recovery ofsuch property or compensation iv) to utldertake. litigation on behalf of the Commission, either on its own behalf or on behalf of third parties to audlt completcd investigation t'iles and to prepare reports to the .Attorney General 23rd December. 2005 THE KENYA GAZEWE 3123 The primary functions of Civil Litigation and Asset Recovery Department are: to institute civil proceedings against any person responsible for loss of or damage to any public property for the recovery of such property or for compensation. The Department is required to recover such public proptrty or enforce orders for compensa- tion, even ifthe propertf is outside Kenya or the aqsets that could be used to satisfy 4he order are outside Kenya to institute proceedings on behalf of public bodies in order to recover benefits impropirly obtained by agents and other third par- ties ' * to institute proceedings for forfeiture of unexplained assets from public ofticers and former public officers and property misappro- priated 'from public bodies to obtain ex-parte Court orderts) for preservation of any suspect property by preventing any transfer or disposal thereof, or other dealings with the property on evidenct that the property was acquired as a result of corrupt conduct to obtain ex-parte Court orderts) tbr surrender of travel documents where a person suspeçted of corruption is being investigated * to institute suits on behalf of the Commission and defend suits tiled against the Commission Crime Reading Department is responsible tbr: evaluating evidence gathered during investijations and advising on its efticacy and the legal issues arising there from compiling comprehensive reports with appropriate recommendations to the Attorney General on all the completed investigation' tiles pursuant to section 35 ofth: Anti-corruption and Economic Crimes Act preparation of quarterly'reports and coordination of the publication of the said reports with the Government Printer holding a watching brief on behalf of the Commission in the cases illvestigated by the Commission which art pending befoce Couds coordinating the preparation of the monthly repört for the Directorate and collating statistics on casas handled by the Commission The Department oflkesearch and Documentation is responsible for: legal research and advice on anti-corruption 'legislation and related laws carrying out comparative research into th. e laws and authorities from other jurisdictions research on aIl legal matters touching on fu' nctions and operations of the Commission giving advice on contracts of the Commission and thost of other public bodies. Civil Proceedings instituted by Ksnya Anti-corruption Commission During the period under review, the Commission instituted a restitution case against Dr. Margaret Gachara, the former Director of National Aids Control Council. The case is Nairobi HCCC No. M0 0f2005 Kenya Anti- Corruption Cbmgxï/a F& Dr. Margaret Wangui Gachara. The Commission is claiming, on behalf of National Aids Control Council a sum of Kshs, 27,861,180.00/- which was improperly paid to Dr. Gachara, based on a fraudulent misrepresentation of facts to the said Council, Dr. Gachara has tiled a defence denying tht claim and the parties have already agreed upon isstles for determination by the Court. The case will be fixed for hearing as soon as all the preliminary procedures are' tinalized. ' Two other cases that were tqled in the year 2003/04 are still pending before Court. These are HCCC No. 1111 p/ 2003, Kenya Anti-corruption Commission U,C Kamlesh M.D Pattni and 16 others and HC Misc. Application No. 599 of2004, Kenya Anti-corruptibn Commission FJ L.Z Engineering Construction Ltd andfve others. ' The Commission recovered on behalf of National Museums of Kenya a sum o'f Kshs. 2,555.000.00 from Dr. Mohamed Isahakia tht former Director General of National Museums of Kenya, He had been charged in Criminal .Case No: l 52/2002 for the offence of stealing. ' The Commission has also prepared statements of claim againït public ofticers who are responsible for losses and plunder of funds in various State Corporations, and intends to tile them in Court shortly. By June 2005, the Commission had prepared ten (' 10) such statemtnts of klaim. The Com- mission has been engaged in extensive research with a.view to laying a solid foundation with regard to institution and prostcution of restitution claims. ' It is noteworthy that institution of cases for restitution under the Anti-corruption and Economic Crimes Act presupposes a situation where investi- gations have been undertaken and the preceding criminal c%e has already been concluded. Thus tlw rate at which our criminal cases are concluded in Court has a direct bearing on the number of restitution cases that are filed in Coun. The Commission in its investigative role tiled and prose- cuted seven applications tbr warrants to investigate Bank accounts and to search premises of persons suspeded of having çommitted corruptiol) or economic crimes. Qnarterly Reports Legal Services Directorate preparecl and published on behalfqf the Colnmission four quarterly reports, covering the period July 2004 to June 2005. 'rhe quarterly reports are prepartd pursuant to the provisions of Sections 35 ant 36 of the Anti-corruption and Economic Crimes Act, Section 35 ofthe Anti- Corruption and Econolnic Crilnes Act provides as follows: * Followjng an investigation, 4he Colnmission shall report to the Attorney General on the results ofthe investigation. * The Colnmissioll's report shall include any recommendation the Commission may have that a person be prosecuted for corruptioll or economic crinpe. fn addition, Section 36 provides as rollows: . + The Commission shall prtpart quarttrty feports sttting out tht number of reports made to tht Attorney General under sectiol! 35 and sucl) otller statistical information relating to those reports as the Commission considers appropriatc. A quarterly report shall indicatt if a recommendation of the Comnlission to prosecute a person tbr corruption or ecollomfc crime was not accepted. .. ' ; . The Commission sllall give a copy of each quarterly report to the Attorney General. - I terly repor't before the National AssemblyThe Attorney General shall Iay a copy ot eac '1 quar The Comlnission shall cause, each quarterly report to be published in the Gazette. Tlle tbI lowing is a tabular preselltqtion of the qparterly reports published during tlle finallcial year. Investigatiolls Concluded IIl -l'l1e Period: July To Scptember 2004 No. of tiles tbrwarded to the Attorney General 7 No. of tilts rtcommtnded tbr prosecution 5 No of 'liles recolnmended for adlllinistrative or other action 0 No. of fi Ies recommellded for closure 2 No. of files where recolnlllendation f'or prosectltiol) accepted 0 N(). of tiles wllere rtcolllltlendatioll tbr administrative or other action accepted 0 No. of tiles wllere reconlmelldatioll for closure accepted 0 No, of tiles wllere recolllnlelldatioll fbr prosecution not accepted I No of tiles wllere recolnlnendation tbr adluinistrative or other action not accepted 0 No, of tiles wllere reconlnlendation for closure not accepted 0 No. of tiles awaiting Attofney Gelleral 's actiol) 6 I Ilvestigatiolls Collcludttd iI1 the Pcriod: October to Ilecelnber 200-1 No. ol- liles fbrMtarded to tlle Attorlley Gelleral 4 ' No. 01' tiles recolllnlendell for proscctltion ' 3 No. of tiles rccomlzlended fbr adnlinistrative or othcr action 0 No. of t'i lés recomlnellded lbr clostlre 1 : ' No. of tiles wllere recommelldation to prosectlte accepted 0 No. of tiles where recolnlnendation tbr adlninistrative or othcr action acctpted ' 0 . ' . ' No. of t'i Ies wllere recolnlnelldation for clostlre accepttttl 0 No. ot- liles ïvllere reconllnelldatiol) ttl prosecute not actrepted 0 . No. of tiles lvllere recolnllltndatioll tbr adlnillistrative or otller action not accepted 0 No. ol- t-iles wllere clostlre not acceptttd 0 'No, of i'ilts asvaitil'lg Attorlley Gelleral ' s actiol) 4 23rd December, 2005 THE KENYA GAZE'ITE 3125 Illvestigations Concludcd in the Period: January to March 2005 No. of tlles forwarded to tlle Attorney Gelleral 7 No. of tlles recolnnlended tbr prosecutioll 4 No. of tiles recolnnlended for adnzinistrative or other action 0 No. of f'ilcs recolllmellded for closure 3 No. of liles wllere recollllllendatioll tbr prosecution accepted 4 No. of tiles where recolnlnendatiôll tbr adlllillistrative or otller action accepted 0 No. of tiles wllere recollllllelldation tbr closure accepted . 2 No. of tiles wllere fecolnlnendatioll for prosectltioll not accepted ' 0 No. of tiles wllere recomlmelldation tbr adnlillistrative or other actioll not accepted 0 No. ol- ûlcs wllere reconllnclldatioll tbr closure llt)t accepted 0 No. ol- j'i Ics await illg Attorllcy Gcllcral 's actioll ' l Investigations Concluded July-spt 2œ4 od-Dec 2*4 Jan-Mar 2œ5 Apruun 2995 3126 THE KENYA GAZE 23rd December , 2005 The table above shows the progressive increase of the number of investigation files concluded and forwarded to the Attorney Gcneral duriùg . .tlle period under review. Some significant cases where reports have been written to the Attorney General during the reporting period are: +Inquiry into allegations that procurement procedures were not followtd in tht award of the C1D Forensic Science Laboratory pro- ject to Forcnsic Laboratory Ltd and Anglo lxasing Finance Ltd. * inquiry into allegations of irregular aw'ard of contract for supply and installation of new passport issuing system for tht Depart- ment of Ilplnigration to Anglo Leasing & Finance Limited. Investigations revealed that Anglo Leasing & Finance Ltd is neitber registered in the UK nor in Kenya. A contract was entered into without verifying the legal status of thG company and in total breach of procurement procedures. The investigation also established that the money paid to Anglo Leaqing & Finance Limittd amounting to Buros 956,700.00 was paid back to tht Government by 13th May 2004. +inquiry into alltgatiotu of corruption in tht Ministry of Watçr and Natural Resourcess Management and Dtvtlopmtnt , Tendtr No. MWRM & 9/6/2003-2004, wherein the investigation disclosed no tvidence of corruption, but one of the bidders was found to have uttered a falst document to the Perlnanent Secretary in the Ministry. iy ' , ,In ot er cases, reports have been made to the Attorney General and action on the Commission s recommendations is awaited. Such cases include. * Inquiry into alleged abuse of office in the recrujtment of rangers by the Kenya Wildlife Service (KWS). * lnquiry into an allegation that an Engineer of Kenya Ports Authority corruptly and in abuse of his offict awarded tenders to M/s Hayer Bishan Singh & Sons Ltd for the repair of the access road and drainage system at the Kisumu Inland Container Depot with- out regard to tendering procedurcs. Other Activities Officers of Legal Sejvices Directorate have mad/ presentations in various fora, mainly to sensitise participants on the anti-corruption Icgislation. Some of these includt a media workshop, workshops organised tbr Magistrates and a wpzkshop for the Department of Registrar General. Other papcrs that have been prtsented are on detbnces ofjustitication and fair comment with regard to reporting corruption cases, procedures of compen- sation and recovery of assets in the Anti-corruption and Economic Crimes Act and the gime on alcohol, tobacco and other drags. Challenges that are being faced by the Directorate in the discharge of its duties: derailment of proceedings caused by numerous Constitutional and Judicial Rtview applkations by the acctlsed ptrsons and othtr delays occasioned by numerous adjournments. The Anti-corruption and Econolnic Crimes Act does not provide an dfective mechanism of encouraging and protecting informers and witnesses and this affects the quality of evidence given by witnesses. Though Section 65 of the Act atlempts V protect informers, it fails to pronounce penalties for brtach of the provision. iii) Inadmissibility of confession as brought about by Section 99 of the Criminal LaW (Amendmcnt) Act No. 5 of 2003 that intro- duced Section 25A of the Evidence Act which rtnders conftssions generally in admissible. iv) The procedure ofreporting investigations pursuaht to Section 35 to thc Attorney general tbr further action is time consuming and t'ejetitive. The Commission has its own legal ofticers who do crime reading, the tile once sent to the Attornty Gtneral is rerend and it takcs an inordinately long time to finalise with files. Suspects and witnesses leaving the iurisdictipn in the course of investigations. At timwçs som: evidence is outside the iurisdiction.. - -: .The Iaw in plact on mutual Iegal assistance is not sufticient to enable tilnely investigatiot'ts -and prosecutions. vi) Interpretation on the eftkct of the rtpeal of the Prevention of Corruption Act (Caq. 65) in rtspect to offences commitled betbre the Anti Corruption and Economfc Crfmes Act No. 3 of 2003 came into force ïs stlll varied and the Iaw has not bcen settled on the matter. . Proposed solutions to the tbre stated Challenges: i) giving the Commission prosecutorial powers to ensure that prosecutions are instituted promptly atter the completion of the investi- gations ii) setting up mutual Iegal assistance mechanisms, extradition treatits and more funding for witness expenses iii) lobbying tbr amelldments and/or harmonization of the Iegislation highlighted above to enable smooth investigation and prosecu- tion ofcorrujtion and economic crime. ' - DIRECTORATE OF RESEARCII. EDUCATION POLICY AND PREVENTIVE SERVICES lntraductian The Directorate of Research, Education, Policy and Preventivt Services' combines the functions of Education, Research, Policy and Preventive Services. The programmes and activities under this directorate are aimed at preventing corrtlption in the short, meditlm and long term. 'I-he l7ro- grammtrs of the directorate are deliberately carried out in a multi-dfmensfonal but holistic manner with each programme and activity directly tked- ing into the othtr and vice versa. The directoratt implements some of its activities in partnership with other staktholders in Ptlblic alld Private sectors and the Civil Socidy. As a preventive strategy, the directorate identities wtaknesses, Ioopholes, avenues and opportunities lbr corruption in public and privatc bodies and makes recommendatitms on how tp seal them. Through education, it creates public awareness on the causes all2 dangers of corruption and economic crime and solicits public support in the prevention of corruption. At the same timc, the Directoratt seeks to' partner with local , regiollal and international organizations il) the development 'and implementation of collective strategies in the tight against corruption. Information pro- - vided by the Rtsearch Departmept tbnns the basis ofthe directorate's programmes. 23rd December, 2œ5 THE KENYA GAZETTE 3127 - jyp. During this period the Directorate implemented.a number of programmes, These include: ? * examination of systems, policies, procedures and practiccs of various bodies and government departments, * revision of the National Anti-corruption Plan. * delivery of sector based sensitization Iectures. * implementation bf Public Service Integrity Programme, * participation in the Agricultural Society of Kenya (ASK) Shows * development of Behaviour Change Communication (BCC) materials. To achieve its mandate, the directorate consists ofthree departments implementing specitic programmts. These are: * The Education Department . * The Partnerships, Coalitions and Interventions (Prevention) Department * Tlle Research' and Policy Department . The Education Department is charged with the responsibility of designing developing and implementing ethics andrintegrity educational materials tbr both the public and private sector. Its activities are implemented by three divisions namely; * Sectoral Integrity Education Division * Formal lntegrity Education Division Public Integrity Education Division. The Partnerships, Coalitio'ns and Intervtntions Department is divided into thrce divisions for effective implementation of its programmes. The Divisions are: ' ' * The Partncrships and Coalitions # The Liaison and Quality Assurance The Advisory and Consultancy The Dçpartment is charged with the following responsibilities'. * handling critical areas of interface with other Government Agencies. tbrging Partntrships ant Coalitions and creating Iinkages with otlier .organizations and institutions involved in the fight against corruption. ' ' organizing forums for informed debate and discussion on critical . cxamitting 'sy stems , poliçies, procedures and practices in public and private svctor agencies and recommending change ti enhance service integrity and prevent corruption in these sectors. training integrity and quality assurance ofticers in the public and private sectors. inonitoring and Evqluation of Performance Standards in the public and private sectors. offering advisory and ttconsultancy'' Services to organizations, agencies, departments and other institutions on anti-' corruption ahd good governance, upon request. . * at the rcquest of any person, to advise ànd assist the person on ways in which tht person may eliminate corrupt practices. The Research and Policy Department also has three Divisions, which are: * the Research and Analysis the Policy * the Information and Planning It is responsible for the following programmes: * designip: and developing research programmes into corruption, economic crime and related activities. * carrying out research-in accordance with the designs and methodologies so developed. * analysing relevant data. . * making policy and refoi'm proposals in th: Iegal, institutional and administrative.frameworks aimed at preventing corrup- tion in aII sectors of society. * production, processing and dissemination of information about trends of corruption in Kenya. Planning is a critical component of programme success. The directorate took time to prepare detailed work plans at al1 Ievels - directorate, departmental and divisional. The puqfose of this planning was to identify performance 'indicators, inputs and imjlementation schedule to? clarify various mandates with a view to forging syntrgies across divisions, departments and directorates. The work plan informed the actwi- ties impkmented by the dijectorate during the period ending June 2005. The directorate's'work plari was revised in February 2005 to take cognizance of the new directorate's structure and additional responsibilities. A stparate work plan was developed for funding under the Governance, Justice and Legal Organizations Sector (GJLOS) buket fund. The directorate participated in various related meetings and ' workshops. ' National Anti-corruption Plan The Directorate steered thE process of tinalizing the National Anti-corruption Plan which brings together key players in the tight against . corruption. The plan provides a multi-sectoral approach to the war on corruption with its main objective being to marshal the efforts and resources o? various stakeholderl. to progressively and systematically reduce - to the extent'possible- the causes and the dcstructive ef- tkcts of corruption in Kenya. During the year under review, Sectoral consultations were conducted and comments tiom key stakeholders incorporated in the plan. The co-ordinating committee held meetings for consensus building and planning its ' implementation. It is envisaged that the Plan will be launched during the World Anti-corruption day in December 2005 when implementation will commence with every player developing and implementing their own work plan. A secretariat will be sd up to monitor implementation of the various work plans. Ed ucation lbr National I ntegri ty Under tllis progralunAe, workshops were conducted targeting educational institutions . The nlail'l objective of the workshops were to: * inculcate ethics, integrity alld anti-corruption content in the currictllum of learning institutions. * enlpower education stakellolders in the fight against corruption . build teacllers' capacity to integrate alld infuse anti-corruption messages in thtir teaching programmes . Seconda 1-y School Head Teac hers Conferences T0 inculcatt good Inallagelnent principles in the school system, the tirectorate delivered lectures during this year's Secondary Scllool Head 'l-eachers Conlbrences. 'l-lle ptll-pose of participating iI1 tlle conferences was. twofold: * to tbrge a partnersllip with seconda:y school admillistrators iI1 an effort to inculcate etllics and illtegrity in tlle lnanagenlent of- schools, and in. the learning process to sensitize tlle participants on the nlandate of KACC tlle concept ol- corruption, ethics alld integrity. A total of 4000 head teacllers were reaclled during the Natiollal Confkrence Ileld iI1 Mombasa, in June 2005 . The Directorate also dclivered lectures during the provincial contkrences for Western, Eastern aand Rift Valley provinces. The ntlmber of head teacllers wllo attended the three provincial conferellces is shown in the cllart below: Number of I'Iead teachcrs attellding the Collference: RNalley Eastern Western Province Kellya National Is- xa I1l i na tions Ctlullcil -I-I1t Directorate held mectings with stnior ol-licers ot- the Kenya National Exanlinations Council (KNEC) alld concrcte arcas of coopcratioll wttrtt idcnti Iicd- Ibctlsing on: strategics tllrotlgl'l vvllich allti-corruptioll colltellt could be included and evaltlated in tlle ctlrrellt exalllillatiol) sl'stcl')l 23rd December, 2005 THE KENYA GAZETTE 3129 Tbe Public Service Integrity Programme (PSIP) l P blic Service Integrity Progranlme (PSIP) 'was pal't of the Public sector-wide refbrm programme. lt was ctmrdinatcd and implemented byT le tl KACC iI) liaison with the directoratt of Personnel Management (DPM), Office of the President. The programme seeks to restore alld sustain transparellcy. accountability and integrity in the public service and has three aspects namely: PSIP sensitization programme * integrity Assurance Officers training corruption Prevention Committees. Dtll'ing the period under review, the directoratt conducted PSIP implementation survey, sensitization and training in all the eight provinces across the cotlntry. ' The PSIP implementation stlrvey was carried out in thrte phases, The tirst phase was in tht months of May and June 2004, while the second and third phases were between' 29th August and 13th September 2004 and 25th October an2 1 5th November 2004. The study covçred 62 districts out of 72 districts il) Kenya. The study targeted 4546 respondents compristd ofchief Executives, Heads of Departments, Integrity Assurance Ofsctrs and Staff. About 2201 were intefviewed during the survey. ' The study sought to tstablish: the number of Corruption Prevention Committees formtd the anti-corruption activities carried out within the organizations the constraints and challenges encountered in the impltmentation of integrity and anti-corruption initiatives. The purpose of the sensitization and training exercise was to provide update training for lntegrity Assurance Ofticers, to sensitizt Law Enforct- lnellt Offcers alld District Heads of Department o11 the currtnt anti-corruption efforts, and to enlist their commitment and participation in achj ving zero tolerance to corruptlon. The programme reauhrd a total of 725 peoplc as show'n in the table below by province. ' PROVINCE HOD's IAOs Law Enforcement Officers Total No. of officers Aitended Nairtlbi 35 35 35 105 Central 4 l 29 . 33 1 03 Eastera ' 35 22 35 92 M/esterp 35 l 8 41 94 Rift Valley 37 24 30 91 Nyanza 37 16 31 . 84 Ceast 35 20 30 85 Ntjrth Eastern 34 1 8 19 7 1 Tetal 252 166 223 . 725 Ntlmber of participants during provincial PSIP workshops by provinct lnjàrmatton Educatton and tibrlralzakctz/ftprl Materials The Directorate developed and distributed Informatkon, Education & Communication (1EC) materials such as badges, stickers, source books, pam- phltts, brochtlres alld copies ofthe Anti-corruption and Economic Crimes Act No. :3 of 2003 and the Public Ofticer Ethïcs Act of 2003 to request- ing organizations and in the process of delivering ltctures and presentations. Training of Integrity Assuranct Ofticers (IAOs) As part of tlle on-going activities tlnder the PSIP, tht directorate organized and conducted training programmt for I 16 additional IAOs. The train- i 'i d ide range of modules to assist them prevtnt corruption and improve s'ervice delivery in their work plact .l1g targeted public oft cers an was on a w Media Tlle Colnmission appreciates tlle role of the media in tlle tigllt against corruption. 11 this regard, the directoratç held meetings with ditlkrent media llouses, including Kenya Broadcasting Corporation (KBC), Citizen Radio, Kiss FM, -ularsic and Klarity Crtative Media in prcparation for radio and television programlncs. During thest meetings, thc discussions centered 011.. . programmes to be developed - stlch as radio & television spots , telcvision doctimcntaries and theatre. broadcayt costs productlon costs Following tlle mectingst tlle dircctorate initiated the sponsorship of the tclock' with a KACC Logo and short anti-corruption l1'1essagt 0n KBC prime lèews. There were l-Llrthcr disctlssions totlching on the development of radio programmes targetillg the youth in school and out of Sch0ol. The Commission is working with media consultants to put in place anti-corruption programmes/information. 3130 THE KENYA GAZEWE 23rd December , 2005 Tht dratt terms o? retkrtnce for media consuttants were also completed in the courst of the ytar. This wil! enablt the Commission to havt a struc- tured engagement with the metia houses and consultants in as far as the production of anti-corruption messages is concerned. ' 8 itization Programme for Kenya Police and Community Based Groups ,s l1s Anti-corruption sensitisation seminars and training workshops remain an important tool for the directorate in its education functions. In this regard, oft-icers tkom the directorate delivered ltctures to several institutions and groups. These include the Ktnya Police , Church Groups and Commu-: nity-Based Organisations (CBOs). In parlicular, the sensitisation workshops and seminars had the Police force as the main benetlciary. These involved the following activities: * training orTrainers: The purpose was for capacity building for police trainers * district sensitization seminars: The district sensitisation Iectures involved Iaw cnforcement agents in the districts, including Police Ot-tictrs, Administration Police, Plisons' Offictrs, KWS perspnnel and GSU personnel. * One Day Opportunity Lectures in different institutions. Agricultural Society of Kenya (ASK) Show During the Eldoret ASK Show, lnembers of the puhlic were sensitized on causes and effects of corrujtion, benetits of tighting corrtlption, the role of the Commission and their role as citizens in the fight against corruption. lnformation on how to report corruption was also given. Ek aminatioh Assignments An examination is an important corruption prevention mechanism, It invofves in-deptll study of systems, policies, procedures and practices in an organization in order to identify corruption loopholes. Recommendations are made to seal the loopholes. The 'following examinations were carried oqt during the year under review: l ) Ministry of Health and the Kenya Medical Supplies Agency (KEMSAI: The examination carriep out between 25th October and 31st Novem- ber 2004 was presented to the Permanent Secretaly, Ministry of Health in May 2005. The yurpose of the examination was to identify areas that are prone to corrupt practices. The targit areas were procurement; storage and distributlon of drugs to public health tàcilities; utilization of cost sharing funds for procurement of drugs; donor funded programmes and other essential service departments. Findings arising tkom the txamination indicattd the txistenct of Ioopholts for çorrupt practices i.n tht wholç process of procurtmtnt, storagt and distributicm of drugs', 'and medical supplies. Recommendations were mad: to assist the Ministfy and KEMSA to revise procedures and methods of work in orter to reduce tht likelihood of the occurrence of corrupt practices. An Implementation Plan arising from the report has been tinalized and is to be presented to the Permanent Secretary. ' Registration and Licensing of Motor Vehiclej and Enforctment of Tratxc Laws: The examination was carried out betwten 1 st April and 6th May, 2005 anll targeted the Delartment of the. Registrar of Motor Vehicles, Transport Licensing Board, Motor Vehicle lnspection unit, Traftic Police, Ministries of Transport and Finance and Local Authorities. The examination focused on key functional areas of clearallce of ilpported vehicles, registration and licensing, inspectioli eqforcement of traftic rules in general and regulation and manajement of bus - !' parks. Findingj arising trom the exercise indicate the exlstence of thriving parallel market for fake registration and Iiccnslng documents leading to massive loss ofgovernment çevenue. The report is to be presented to thç Permanent Secretary at a public function Corruption Risk Assessment (CRA) A Corruption Risk Assessment is an urgent and quick assessment of corruption risks in an organization and aims at profiling corruption prone areas for imfnediate action. It can assist in determlning the need for an in-depth examination of practices and procedures in an organization, The directorate carried out a CRA at the Municipal council of Mombasa between 20th and 28th June 2005. The ptlrpose was to idelltify and prolile corruption risk areas of the Council and to advicc on methods of sealing the Ioopholes. The exercise covered a1I functional areas of the Cotlncil, which include gtnera! administration, tinancial, and assels fnanagement, quality control and assuranct and rtcords management. Findings arising tion) thc CRA indicate gross tinancial mismanagement of çouncil revenue and poor rtcord keeping for accountable documellts. Recomnlenda- tions emphasize vthe need to enforçe existing systems and design new guidelines and strategies to reduce the occurrence of corrupt practices. The report has been presented to the Municipal Council of Mombasa'Mayor and Town Clerk. ' Forging Partnerships and Coplitions' Partnerships and Coalitions are among of the strategic objectives of the Commission. The Commission plans to work with various stakeholders to evolve an appropriate partnership stratejy. To effectively operationalise the partnership strategy, the Directorate developed a discussion paper which addrtssts issuts of partnerships trom a holistic point of vitw. Thç paper further sttks to provide a basis for discussions on tht way forward ip the determination of a partnership criteria a'nd hence a framework tbr formulating a policy on partnership and coalitions. During the period under review, the direçtorate held çonsultative sessions with selected umbrella organizations representirlg: * the Private sector * civil society and Non-governmental organizatiolls * rcligious organizations ' + educational institutions * key Goverpment departments involved in the tight against corruption. The ohjeclivc of the consultative scssions was to provide the proposed partners with an opportunity to examine the lnodalities or denlerits of part- nering with tht Commission in the tight against corruption. f Advisory Briefs A-$ part of the advisory and Constlltalcy Services, the Directorate made prcsentations as retlected in the table below. TOPIC OCCASION Prevtnting Corruption in the Work Place Induction oftht Kenya Tea Development Agency Board of Directors Legislatîve Framework alld-the Role of Stakcholders in Fighting Cor- lnternational Women's Day celebrations syluposium ruption Good Corporate Goverllallce and Personal Responsibility Sensitizatioll Seminar tbr Mallagelllellt staff Integrity in the Public Service Workshop for Heads of Departlnents oftlle Kenya Meteorological De artment Tlle Detinition of Corruption and Strategies tbr Preventinpcorruption Catholic Church Parishioners 23rd December, 2005 TIIE KENYA GAZE'IVE 3131 Resource Centre Information is central to the anti-corruption crusade. To ensure that Commission staff and other researchers in governance and ethics access rele- vant intbrmation, the directorate started the process of modcrllizing and automating the Iibrary into a resource centrç. The Com' mission intends to develop this into a source of information for its staffto anchor its programmes on information as well as provide intbrmation to other researchers. Once the process is complete inforrùation will be available on the Commission website. To develop partnerships tbr information sharing, exploratofy meetings wtre hefd with potential pallners including The World Bank, OJLOS, tm . agencies - United Nations, Educational, Scientitic and Cultural Organiptton (UNESCO), United Nations Environment Programlne (IJNEP) and United Nations Drug and Crime Prevention Organization (UNDCP). . Challenges . Victimisation and stigmatisation of IAOs by their seniors and colleagues has been a challenge in the sustenance of the Publiç Service Integrity Programme. ' Development of specific indicators to measure acceptance and internalisation of integrity values is difficult. * The niode of selection of IAO's is not foolproof as the Commission has no meçhanism of ensuring they meet the Iaid-down selection criteria. Thus some of those being trained might not have capacity to influence the decision-making process required to enhance integrity in their Organisations. ' The expectation of direct tinancial benetits may at times derail the process of forging partnerships with various organisations and inttrest groups, when the same is not given. Potentiél partners may expect tinancial support from KACC and could give up when this is n0t provided. The process of examination of systems and Corruption Risk Asstssmtn? (CRA) ar* somttimts confustd wiîh invtstigation crtating ftar, suspicion and lack oftnlst. Consequently, some interviewees become uncooperative and may fail to provide critical information. . The tcndency to defend the organisation, once exposed by the examination or CRA report, may affect implementation of tht recommenda- tions. Some recommendations may not be implemented due to façlprs Iike budgetary constraints in the examincd institntions. In some organisations, the mallagement might not be kln to carry out further investigations or take disciplinary action against errant officers, as recommellded. Some recommendation's for improvement of systems require reviewing of * The: process Of behaviour change is a long-term phenomenon, and there is change. zxisting laws and policies. This may take a long time. reluctance by some members of tht public to embrace this The Future * The Ptlblic Sector Integrity Programme will be reviewed a-nd rçdesigned to make it more robust and retlective of the new changes in the areas ot- good governance, ethics and integrity. This will indlude the development and implementation of an eflkctive monitoring and evaluation system. ' ' . The Commission plans to review the current criteria for selection of IAOs with involvelnent of aIl stakeholders to ensurc suppoft and owner- ship ofthe programme. KACC will provide technical assistance to the public departments and monitor implementation of the PSIP activities to ensure adherence to the principles and ideals of the programme. A baseline survey will be undertaken for purposes of developing a database that will enable us develop appropriate anti-corruption pro- grammes. * The Directorate will enhance monitoring of the implementation of recommendations from reports of the examination of systems, procedures and practices ofpublic institutions to enhanct compliance, * Development of a partnership policy, which on completion will provide the basis for forging partnership with other organizations that will add value and enhance synergies in the tight against Corruption, DIRECTOMTE OF FINANCE AND ADMINISTMTION The Finançe and Administration Directorate. is a service directorate which is comprised of the following departments and Divisions: Department Division Administratitm (i) General Administration (ii) Information Communication Technology (ICT) (iii) Transport 2. Finallce and Accounts Accounts (ii) Planning and Bugget Procurement Human Resources Pçrsonnel Adlninistration Human Resources Training and Development Auxiliary Divisions Internal Audit Public Relations and Protocol 3132 THE KENYA GAZE 23rd December , 2005 FUNCTIONS OF FINANCE AND ADMINISTMTION DIRECTOMTE a. to provide efticient and effective Human Resources Management which includes, staff training and development, staff re- muneration and personnel administration to ensure efticient managelnent of financial resources including budgetings sourcing of fullds and maintaining proper books of accounts to procure a1l goods and services for the Commission in accordance with the procurem' ent and supplies regulations to provide general office lnanagement which includes, office accommodation, telephone and transport ser- vices to ensure that ICT capacities enable the Commission's business tb operate efticiently and safely to carry out systems audit by way of independent appraisal of alI financial activities oftht Commission to provide liaison between the Commission and other stakeholders. ACHIEVEMENTS R i t111Cl1t ' 'Ccru Phase l - In Septembtr, 2004'the Director/chief Exeçqtive and'three (3) Assistant Directors were appointed by His Excellellcy the President ofthe Republic of Kenya Phase I I - In February, 2005 forty tbur (44) Senior Officers were appointed on thc basis of meritocraty al'd colnpetitive selection . Phase 11 I - In May 2005, a further seventy six (76) oflicers were recruited Phase IV - In Ajril 2005 the Commission advertised stventy tllree (73) positions in tlle l'nedia, which were to be stlbscqtlelltly l'illed by August 2005. Only thirteen ( 1 3) positiolls are yet to be tilled in order to attain tlle autllorized stafs cstabl isllnlellt AIl the ofticers recruited were inducted on thc operations of the Colnnlission ii) HIV/AI DS sensitization In Iight of tl'le GovernnAent's Policy o11 the HIV/AI DS palldel'nic, tlle Col'nnlissiol) illitiatcd HIV/AIDS sktllsitizatitll) prograllllllkt its Staff ' 'al'nong . ii) Training Training undertaken included: Pertbrnlance Contracting in the Public Sector - Senior Managcnlent (2 1 st - 23rd March 2005) GovernnAent Financial Mallagenlent Statistics - Senior Ol/fscers ( l 9tl) April 2005) Perfbrmance Management using tlle Balallce Score Card (BSC) approach- Senior Ofticers (27tl1- 28th April 2005). iv) ICT Modernization of ICT infrastructtlrc by acq'uiring a Reduce'd Instruction Set Computer (RISC) server, 50 desktop and 10 Iaptop comptlters Installed a broad band internet gateway and protection device tbr researcll alld commtlnication. Modernization ofthe Resotlrce Centre to tlle appropriate standards CIIALLENGES REPORT OF THE DIRECTOR The Director presents the report together wilh thc atldited tinallcial statemellts tbr the year ended 30th June 2005. Activities acquiring adequate prclnises tbr tlle Commission to ease the existing congestion establ ishlllen'i- of provincial oftices il) order to reacll a wider publ ic securing su t-liciellt fulpding tbr acquisition of prelu ises and establ ishllpent of provillcial oflices. Tlle prillcipal activities of the Colllllpissiol'l are to illvestigate corrtlption alld econolnic crillles, prevellt corruptiol) alld colldtlct ubl ic tducation on the dallgers ot- corruption. ' P Results The restllts for the year are set out Ilerein . 23rd December, 2005 THE KENYA GAZETTE 3133 Dil-ectors/Members of Advisory Board -l-l)e members of the KACC advisory Board who served in the year and up-to the date of this report are listed under the Chair- mall's Message. Auditol's The atlditors of the Colllmission for the year ended were the Controller and Auditor General, Kenya National Audit Oflice, in 1 ine witll the Public Audit Act, 2003, and Anti-corruption and Economic Crimes. Act, 2003. The auditors tbr the Commission continuc to be tlle Controlltr alld Atlditor General. 4th October 2005 Ol1 behalf of the Commission .1 USTICE AARON RINGERA Dlrelâ'tor/clliefEs-eclltlve Statenlellt of Director's Responsibilities 'I'l)e Allli-corrtlption and E conomie Crinles Act rejuires the Director to catlse to be prepared tinancial statemellts tbr eacll tinancial year, which give a true alld làir view of (he tinancfal afttlirs ot- the Colmmissioll as at the end of the financial year, and llle operating results tbr (he year. l-he. Director is also responsible tbr keepillg proper accoullting records, which disclose with reasonable accuracy tlle f'inancial position of tlhe Colnlllissiol) il1 adtlitioll to ensurillg thatxthe assets of the Con:nlission are sat-eguarded. ' 'l-I1t Dlrector accepts responsibility for tlle tinancial statenaentsa which have been prejared using appropriate accounting policies supported by rcasollable alld prudent judgments and estinlates, iI) contbrnlity with the International Flnancial Reportillg Stalldards and with thtt requirelnents of tlle Exclleqtler and Aud it Act. The Director is of the opinion that the Gnancial statenlents give a true and fair view of the state of the tinancial affairs of the Collllnission and of its operating results. The Director further accepts responsibility for the maintellance of accounting records which may be l'elied tlpoll il! tlle preparation of tinktncial statenlents, as well as adcquate systems of the lnternal tinancial control. Noth il'lg llas conle to the attelltion of the Director to indicate tllat tl'le Conllnisiion will not rtlnain a going concerl't i'br at Ieast twelvt nluntlls I-ruI'I'l the date of tllis statenlent. ' S iglled on bellal f of tl'le Conllnission by: 1--*----- , ' -- ...---- . Deputy DirectorDirector/chitl- Executive REPORT OF THE CONTROLLER AND AUDITOR GENERAL ON THE FINANCIAL STATEMENTS OF KENYA ANTI-CORRRUPTION COMMISSION FOR TNE YV.S ENDEM 3j#MNE /005 i have audited tbe financial statements cf Kenya Anti-corruption Commission for the year ended 30 June , 2005 in accordance with the provisions of Section 14 of the Pubiic Audit Act , 2003. t have obtained alt the information and explanations which to the best of my knowledge and belief were necessary for the purpose of the audit. The financial statemerlts are in agreement with the books of account. Resjective Responsibilities of the Directors > and the Controller and Audltor gyneral : : As set out in the statement of director's responsibilities , the directors are responsible for the preparation of financial statements which give a true and fair view of the Commission's state of affaifs and its opefating results . My responsibility is to express an independent opinion on the financial statements based on my audit. 3134 THE KENYA GAZETI'E 23rd December, 2005 Basis of opinion The audit was conducted in accordance with the lnternational Standards on Auditing. Thope standards require that the audit be planned and pedbrmed with a view to obtaining reasonable assurance that the financial statements are free frorfi material misstatements. Ari audit includes an examination , on a test basis, of evidence suppoding the amount and disclosurés ih finahcial statements. lt atso includes an assessment of the accounting policiei used and significant estlmltes made by the directors. as well as an evàluation of the overall presentatlon of the finanqial statements. 1. betieve my audit provides reasonable basis for my opinlon. ' ' Oplnion lrl ''Ty opinion, proper books of account haMe been kept and the fsnancial state%ents give a true and fair view of the state of the financial affmirs of fbm Commission as at 30 June 2005 and of its surplus and cash flows for the vear then ended in accordance with lnternatioqal Financial Repoding Standards and comply with the Kenya Anti-dorruption and Economic Crimes Act, 2003. , . p's .s... ,? ...- . fh ,' ; z ' ' : z' y ,.' .e* . w (11..., g E.N. WAl ' CONTROLLER AND AUDITOR GENERAL Nafrobf 12 October '2005 Financial Statements KENYA ANTI-CORRIJPTION COMMISSION BALANCE SHEET AS'AT 30 JUNE 2005 Note Ksh'000 ASSETS ' Non current assets Property, plant and Equipment 2 l 09,343 Gratuity Ftlnd lnvcstment 35-898 l 45.24 l Cnrrent assets Invelltories 1 4.203 Receivables alld Prepaylnents 75 l Cash and Cash Equivalellts 6 I 79,538 l 94,492 Total Assets 339,733 23rd December, 2005 THE KENYA GAZE'ITE 3135 EQUITY AND LIABILITIES Accumulated fund Accumulated Fund 127,067 Reventle Reserve 1 76,1 64 303,231 Nol) ctlrrent Iiabilities Gratuity fund 35,899 Currcnt Iiabilities Trade and otller payables 8 1 0 Accrtted Iiabilities and charges 593 Total e uit alïd Iiabilities 339.733 Tlle lillancial statelnents herein were approved on 4ti' October 2005 and siglled on behalf of the Colmmission by; *- . 1-----..- - FATUMA SICHALE (MRS.) Deputy Director I U S T I C E' AARON 11 ING E RA. Director/c'ltiefEx'eclttibte KENYA ANTI-CORRtTFI-ION CO5l5l ISSION Revtlltle and Expclldittlre Statelllel'lt tbr tlle Year ellded 30 Jtllle 2005 R E V E N l l E N ote lts h'()()0 59 l ,000 5.202 l .063 Goverlllllellt Grants (GOIk) Dcvcloplnent Partner / Dollor Support I 0 Otller I Ilcollle l l -l-otal ltevelltlc 597.265 E X 1: EN 1) 1-1- t I 11 E Adlllillistrative Expenses l 2 258.843 162.258 42 l .1 0 l 42 1,101 3136 THE KENYA G E E 23rd December, 2005 Cash Flow Statement tbr the year ended 30 June 2005 Note 2005 Ksll'000 Cash Flow from operating activities Net inçome from operations 1 76, l 64 Add back noll-cash expense (Depreciation) ' 32,564 Net Cash from operations ' 208,728 Decrease in rectivables (75 l ) Increase in payables 603 Net cash utilized from oper ' activities 208,580 . J ' j Cash Flow lrom Investing Activities Purchase ot-property, plant and equipment (29,042) Net cash ntilized in investing activities (29,042) Net increase in cash alpd casll eqnivalents 179,538 Bank and cash equivalents at beginniqg ()f ycar 0 Bank and cash equivalcllts at elld of year ' l 79.538 Statement of Changes in Eqtlity for the Year Ended 30 June 2005 '000) iAccumulated Fund (Ksh j Stlrplus tbr the year l 76, 1 64 '! lA ccumulated Fund 1 27-067 j At 30 June 2005 . . . 303.231 1 : k The Accunlulated fund reprtsents tlle surplus tbr the year alld capital transtkr of inventory, plant alld tquipmcnt inherited fronl tlltt now dej-tlllct ! Anti-corru tion Police Unit ACPU ' NOTES TO THE FINANCIAL STATEMENTS For the year endejl 30 Julle 2005 l . Summary of Signiticant Accounting Policies (i) Basis of preparation and form of presentation The tinancial statements are preparcd in accordance with and comply with International Financial Reporting Stalldards (IFRS). . Tllesc tinancial statelnents have been prepared on a historical cost basis as lnodititd by the inclusion ol- certaill assets at valuation. The tinancial statelnents are presented in thotlsands of Kenya Sllillings (Ksl1s. t000). , (ii) Revenue Recognition . Income is recdgnized in the period in wllich it is receivtd. Goverllmcnt and dollor fullding is only recognized ol) re- ceipt. Inconlt is llot accrtled if its reçoverability is collsidered doubtïtll. (iii) Motor Vehicles and equiplnent Nlotor Vehicles alld eqtlipnAcnt are stated at cost or valuation, Itss acculnulated depreciation. 'I-he Collplllissiol: 's l'lyottlr vehicles vvere rt-valued in 2005 by the Nlecllanical Departnlent of tlle Nlinistry (.)f Roads and Public svorks. -l-I'te cqtlip- nlent illllerited fronl the llow deftlnct Kenya Anti-corruption Authtlrity alld Allti-corruption Polict Ullit tlllder tl'le 23rd December, 2005 THE KENYA GAZETTE ;13 é Otlice of the President have betn carried at book values and where appropriatc certain valuation by the Directors have becn incorporated. The values derived have been transferred to the Accumulated fund. (iv) Depreciation Depreciation is provided on the cost/valuation ofassets on a retucing balance basis at rates designed to write down. the assets to their estimated residual values over their estimated useful lives as follows: Fixed Assets Rate per annlim (%) Computers and Software 33.33 Motor vehiclts 25.00 Oftice equipment 12.50 Plant and Machinery 12.50 Communication/surveillance Equipment 12,50 Furniture, Fixtures & Fittings 12.50 (v) Inventories Inventories are valued at the lower of cost and net realizable value. Cost is determined on a tirst-in-tirst-out basis. ' (vi) Trade and éther receivables Trade rtceivables are recognized and carried at original invoice amount less an allowance for any uncollectable amounts. An estimate for doubtful debts is made when cpllection for the full amount is no longer probable. Bad debts are written off as incurred. (vii) Cash and cash equivalents Cash and cash equivalents are defined as cash on hand; bank balances demand deposi? and short-term, highly liquid investments readily convertible to known amounts of cash and subject to ipsignificant risk of changes in value. Cash and cash equivalents that are not readily accessible are classitied under deferred assets. For tht purposes of the cash flow statement, cash and cash equivalents consist of cash on hand and deposits in banks, and short term highly liquid invest- mellts. (viii) Trade and other payables Liabilities for trade and other amounts payable arc carried at cost which is the fair value of the çonsideration to be paid in the tkture for goods and services rtceived, whethcr or not billed to the Commission. (ix) Provisions and Accruals Provisions arc recognizcd when the Commission has a yresent oblijation (Iegal or constructive) as a result of a past event and it is probable that an outtlow of resources embodylng economlc benetits require to settle the obligation and s reliable estimate of the amount of obligation can be made. (x) Employee beqelits The Commission has establislwd a sinking fund in accordance with Section 13(4) of the Anti-corruption and Economic Crimes Act, 2003 tbr the employbee's gratuity , which is computed on the basis of 31% of basic salary'. This fund is managed separately as a sinking tknd in accordance with section 13(4) of the Anti-corruption and Economic Crime Act, 2003. Tlle' Colnmission also contributes to a statutory defined contribution pensjon schemt, tlle National Social 8ecurity Fund (NSSF). Contributions are determined by local statute. Any contributions made to the NSSF in respect of current service are charged against income in the year of contribtltion. (xi) Income taxes The Commission being a non trading entity is not subject to taxation. No tax is theretbre provided in thest accounts. Property, Plant and Equipment Plant & surveillance Motor .c ost/valuation j: i ment Equipment vehicles Computers. qu p , ,000) (Ksh'000) Furniture, ,()()()) (Ksh 000) Total(Ksh (Ksh Fixtures & (xsh'()(j()) Fittings .- (Ksh'000) Cost at 30.6.2005 18,770 1,787 17.957 80,574 22.819 141,907 Depreciation at 30.6.2005 2,346 223 2.245 20,144 7,606 32.564 Net book value 30k6.2005 16,424 1,564 15.712 60,430 15.213 109,343 3. Gratuity Fund Investment The Gratuity Fund constitutes 3l% of basic salary set aside on monthly basis as a sinking fund to cater fbr the benet-its payable to employees upon expiry of their contract. This is currtntly banktd in Ktnya Cnmmercial Bank, Milimani Branch. 3138 THF KENYA UAZETTE 23rd December, 2005 4. Inventories (Ksh'000) Consumables 13,993 Library Books 210 Total 14,203 5. Receivables and Prepayments . jxsj.j,ggi) Imprest 425 Deposits 326 . Total 751 7. Accumulated Fund The Accumulated fund conlpristts (lf'thz tran%ltf (?f lllfplf/r vclllfelt'. 11lIf1 lII vcllttlf lc-. llfplll %( 'l't J 11., I)c1()w Afllount (Ksh'000) Motor Vehicles 1 12,44 1 Inventories 14,626 Total 127,067 8.-rrltde and other Payables (Ksh'O00) 1 O 23rd December, 2*5 THF, KENYA GAZBWE 3139 10. Development Partner/ Donor Sqpport (Ksh'000) 4,020 .Reimbursement from Directorate of Personnel Management - (PSIP) Swiss Embassy (KACC Website) 1, 182 Thtal 5,202 . 1 1. Other Income (Ksh':c:) Sale of Tenders 936 tcterest eamed ' 127 1 Totah ( , ' s,tsa ' . .. l2, EXPENDITURE ABMINISTMTIVE EXPENSES (K:h%%) Personai Emoltlments 1 )9,994 Gratuity & Pension Contribution ) ' . .38,253 House Aliowance ' 19 .237 Other Personal Allowances .32,46 l . MQ,dic,hl Expztlstsfceveç ( ,9S1 . Training ' 5,646 P:ssage & Leavé 69 Board, Colnmittees and Conference ex enses ' 41 ,279 NSSF-Em lo ers Contribution ' 72 . ; OPERATING AND MAINTENANCE Transport Operating Expenses 7,571 Tïzxftling an2 Avvommoiaîion Expmues 6,573 Exteraat Traveling & Accommodation 3:,29: ' Postal & Telegrams 2I6 Tebephone Expenses 3',155 Ot-ticial Euttrtaiumtut l ,643 Workshops and Semfnars 3,786 Electricily Expenses 3,665 Wattr & Conservancy . 9 14 Gas/ Ftlel Expenses 32 Purchase orconstlmable Stores 1 ,001 Pubsishing & Printing 4,279 . ! Uprffornu & Ctothes 13 ' j . Library Expenses , . 434 Purcbase 'of Stationery 7.,5:9 Advertisiag & Publicity ' 9,659 Periadicals 729 1 25,663 lRent & Rates a twku 1141 VNYA UAZPJI-I'E 23rd December, 2005 ontracted Protkssional Sefvices 4 .274 wt>omputef Expensts * 2 55 l J/lstlrarlce Premitfms l 784 Miscellaneous & Other Cbargts 32$ Cotll't Fees alld Prorcssional Ltgal Chaf ges 10 ,206 Sectlrity Optrating Expense.s i 4 .4 f 0 Annual Subscriptkons 145 Maiqtenanct of Pltmt al'td fquipment . buildîng,s 2 .323 Akldil Fees 3t)() j Bank Chprges 1 l 6() P'SIP Proprammt J 4 -393 Deprecialion 32 564 I 62.258 I3. Contingencics ''I-he Colmlnission has gîven nt) guarantees to third partits. fn tlle ordinafy courst of- business tht Colnnlissiot) has betn sutd in a cast CMC 6469/04. The pottntial exposure is tstinlated at Ksh 469.000. fn the ordfna' fy ceurst of-busfness, tht Colnlnfssiolh's fs atso a defendant or-co-delkndant in various litigatiklns and clailms. Although thert can be no assurance, the ConlnAission belitvtss bastd on intbrlnation ctlrrelltl .y available, that the ultilnate resolution of these legal proceedings wollld nol iikely havt a nlatcrial cfrecf o)3 the restllts of i1s operalions- gnancial pcsititm or liquidity. Tslese Ctatlrt cases takc a ctmxitsttrabltl llcrit?d tt7 be dtllcl'lllidled. l 4. Elnpltlyee.g Tlle totas approvc.d eslabl islllllen! for llle Ct'mllllisshpll is 2 1 2 allJ by lllc cnd t3f lllc ycar 1 24 cnlpltlyecs hvcrc il1 pnsl. l 5. Cbltlpa ra tives SiRCC this is the lirst yellr gfoptlratitlfl l'/y tlle Cofllfpissiofl 'S COïIIPCïfRIIiVCS IIC'C flot l-cjlof'tcd. 1 6. Predefltdticfk fztl.rrcllcy Keqyd 'Shillikg's (Ksll) is tlltl presentatign cqrreflcy fbr tlyrse accguflts. GAZETVF. NOTICBNO. t0336 GAZBTTE NOTICE Na 10337 THE PHYSICAL PLANNING ACT (CW/7 286) COMPLETION OF PART DEVELOPMEN'T PLANS THE PHYSICAL PLANNING ACT (Glp 2864 COMPLUION OF PART DEVELOPMENT PLAN (PDP. Nos. .$5/c17/2004/02.55+1L17/2004/03 AND 2 l 5)'MLD/2(l(l4/f qfor Evfklfn!l Sttes Far Fl'.kherl'e.% t7#i-t.te: olïd f'l/lerft?y â'IzppfAr/ services situoted fn Maliltdi tJn# ygollteni rc.î'lpcctià/tlll'l NOTICE is given that preparation of the above-named part development plans was on 10th November, 2005, completed. The part development plans relates to land situated in Malindi and NgAmeni Towns. Copkes of the part development plans have been depesited for public inspection at thc offices of the District Physical Planning Officers Malindi. the Muaicipal Hall, Malirldi aad tlle Chief's office. Nggzlerli. ! ' Tlle cophes so deposifcd are auilable fof' iflspection ff-ee of charge by alI persons interegted between the hours of 8.00 a.m. to 4.30 p.m. dudng working days. Any interested person wfto tshes to make any representatltm in connection with or obiection to the above-named part developnkent plans may send such representation or objections îrl wrjling lc' be received by tbe Distric! Pby-çical Planning Office. Malindi. wifhin sixty (f70) days from the date ot ptzblicdtion of tllis rlotictr and sucll representation or objection shall Mafe the grounds pn whicfz it is made. Dated the 14f11 November- 2*5. FRED SWALLAH. lji.%tliç.'t /7/T),si(.(J I /3/tl,1Jlill ,q t) !/ ï(.q r. ?kf rl lil, t/f. 'l-lw copLes xe depsLted are ab'allable &/' inspeetkm fœe ot- t-llarg?.p hy alI persons interested between (he hours of 8.00 a.I11. to 5.00 p.nl. during working days. Any interested person wflo wigfles to make any representatioft in eoltnection with or objection to the above-namcd part development plan may send such representation or objections in writing to be receivetl by tbe Director of Physical Planning. P-o.box 333. Alacl?aktu. u'illlill sixtt' (f'?0) dat's likn.r?? the date t''é tpp.*lis=lif.pl? etw tâi.ç Ilotice and such representation or obfection ghall gtate dle gfmuflds t!n w hich ft ïs nlade . Dated the 15th Jufêe. 2005. (PDP. No. Mfzs'/f%/.z 005/1 fbr pmp//sf,t/ Sl-te tbr C/?lfrc/? f?/'Gf)f1h NOTICE is given that preparation of ttle above-named part development plan was on 1 5th June, 2005. completed. ne pal4 development plan rclates to Iand sîtuatcd within Mavoko Municipality. Copies of the part development plan have been deposited for public inspection at the offices of the Town Clerk. Mavoko Municipality- District Physical Planning Office- Macbltkos Jlnd Chiefs oftice, Atlli River Town. 23rd Deœmber, 2œ5 TIIE KENYA GAZEWE 3141 GAZE'ITE NIJIKE No. 10338 THE RECORDS DISYSAL (COURTS) RULF,S (Cc#. 14) IN 'IHE PRINCIPAL MAGISTRATE'S COURTAT GARISSA INTENDED DESTRUCIYNOFCOURT RECOOS IN ACCORDANCE witâ the Records Disposal tcourtsl Rules, notice is given that tllree (3) months from the date of publication of this notice. the Principal Mlgiseate's Court at Garissa inten' ds to apply to the Chief Justice for leave under nzle 3 to destroy tlle records. NX)kS and papers of the Principal Magistrate's Court at Garissa as set out below: Criminal cases Traffic cases Inquests A comprehensive list of all the condemned records that qualify to be disposed under the Act can be obtaine.d and perused at the Principal Magistrate's Court Registry, Garissa. Any person desiring the return of any exhibit in any of the above cases must make his/her claim on or before the expity of three (3) months from the date of publication of this notice, all exhlbits to which tlo claim is substantiated before the destruction of the records shall. Qnder mle 4 be deemed to be part of the records for the purposes of destruction. Dated the 7th December, 2*5. J. G. KING'ORI, Principal *agistrate. Garissa. GAZEWE NOTICE NO. 10339 Tl'IE BANKRUPTCY ACT Lcap. 53) lJa&r Rule l45 (jfthe slal7rlz/zlt...v Rulest RECEIVING ORDER AND CREDErORS' MEETING Debtor's atzrae.-Allan Njau Giclmhi. Address.-p.o. Box 2257. Nakuru. Dest'rilntion.-nusinnssmabï. f-lzz/e ktfjiling #e#pkza.-l 9th October, 2005. LUCY NDUNGU, Aputy fW'l/ Receiver GMETFE NOTICE N0. 10341 TIIE BANKRUNCY ACT (Ce. 53) ( Under Rule l45 qt the Bankruptcy Rulesj RKEIVING ORDER AND CRED/ORS' MEETING Debtor's nlp,e.-Margaret Wambui Knmau. Address.-p.o. Box 333, Busia Deycrfrlf/a.-Businesswoman. Dute o./Wlfng petition.-l3st July. 2*3. C/art.-l-ligh Court of Kenya at Milimani Qgmmercial Courts, Nairobi. Date oforder.-lqsb luly, 2*3. Cause No.-%5 of 2*3. Whether debtorks or creditor's pelftitza.-Debtor's petiûon. Act or zzcl.s ofbûnkruptcy.-LnzbiLàty to pay debts. Ctlurl.-l-ligh Court of Kenya at Milimani Commercial Courts, o f e oycreditor's meeting.-L lth January, 2(K$ .NN airobi. Waae-sheria House, Ground Floor. Date qfqrder.-lnd November, 2005. Fil,le-2.30 p.m. Cuuse N/.-129 of 2005. Imt tfzzy ofjiling Jvf?t)/'t)./We&./'t)r??I&.-10th January. 2(M. whether.debtor-s or creditor's petnoa.-oebtor-s petition. Dated the 2:ts November- 2œ5. LUCY NDUNGU,A ct tvw.'/.ç tp///tzairl//zlt*-l'--lnability to pay debts. Deputy Olcial Receiver . JJ/JJ, ql'creditorù >leEW&#.-lNl February, 2006. - ''- Vellue-sheria House, Ground Floor. GAZE'ITE NOTICE NO. 10342 ï'inte-l.3fb p.m. THE BANKRUPTCY ACT ' ilina /7rt?/?/'f?/'#e:l#i4rlllS.-3 l st January, 2006. SCLT- 53)Last t'/ .fzl? :1/./ luz&/er Rule l45 ofthe Bunkruptcy Rules)Dated the 29th November . 2005. t; RECEIVING ORDER AND CRED/ORS' MRFTINGLUCY NDUNG , Depuly f-Wkéf.J Recriver. /)aw,r'& ag,pje. --vincent sankale Roimen. Address.-p.o. Box 255-*2*. Naimbi. -B No. 10340 àd&cril7lif/rl.-BusinessmO.GAZST'I-E NoTI( . 'I'HE BANKRIJPTCY AC'I- l'Xlfd Lfhlin8 'FffllWa--l lth June, 2*3. fR,?/r?.-High court of Kenya at Milimani Commercial Courts, q(.-up. 53) Nairobi . ( t/llt/f'l' 111/ Ie l Zl 5 t!/'l/le llflllk rt4I9t6'b' lfllft's ) .. Date v .t zw/er.-l6th June. 2*3. RECIIIVING ORDER AND CREDI'I'ORS* MIùITTING kmause #t? ..-..66 of 2003. Debtor's nTz-e.-Agnes Wahito Kamami. Whether debtor's c.rcreffpt?rtç petition.-Debtoç's Ktition. Address.--p.o. Box M954-*1(XL NnirnbL Dexcrfplïon.-Businesswoman. Date t? .f.#Wa# petition.-3çd œtoOr, 2*5. C/fzrr.-lligll Court of Kenya at Milimani Commercial Colxetm, Nairobi.- Date o.forden--8th Octoer, 2*5. Cauae 1/.-1 13 of 2*5. Whether debtor's or creditor's perflf/a.-mbtor's ruition. Act tvlcz.ç o/:zz'zlw/zzcy.-lnatpility to pay debtq. Date ofcreditor's meeting.-hb lalmarf, 2(G. Wnlfe--sheria House. Ground Flxr. T/-e-2.30 p.m. Imst tfay offiling proofofdebtforms.-Ath January, 2(G. Dated the 29th November, 2*5. 1965-2001 1995-2001 1994-2*1 , 2005 AcJ or acts ofbankruptcy.-knabijkty to pay debts. Date ofcreditor's meeting.-L 1th lanuary, 2006. FEwue-sheria House, Ground Floor. :/--2.30 p.m. *' Imt day offling proofofdebtforms.-klhtt January, 2006. Dated the 28th November, 2005. LUCY NDUNGU, Deputy O.f/fcfl/ Receiver. GAZE'I'TE NOTICE NO. 10345 IN T!1E MA'I'1-I:(lk ()F THE COMPANIES ACT ( t7ff/?. zl 8 t') AND IN THE MATTER OF BESTFOODS KENYA LIMITED (zW el'2l,4?l'.b' $/(p/lf/2/t/z3? bb/ilîzlillj;-- t7/7) APPOINTMEN'P OF LIQUIDATOR Name tlf//le colnpalbb,.-ïjesbf-oods Kenya Limited. Address t#' regislclvd (tt(' ïf.e' Cémmercial Street. Industrial Area, LR No. 209/8887, Nairobi. Address tt/rcyïasAzrct/ fjg' F('e'. P.O. Box 30062-001000, Nairobi. Nature ofBusitlesx. Manufacture and sale of food products. Liquidator 's name. Graham James Greer Silcock. Liquidator's addre-%-ç.-p.o. Box 902-00502. Nairobi. . Date t!f appointment. I st December, 2005. ' By whom J/wrpfa/ctf-.Members. Dated the 2nd December, 2005. GAZETI'B NOTICB NO. 10343 THE BANKRUPTCY ACT ( Cap. 53) (Under Rule 145 (fthe Sanlrrlzp/c'l' Rules) RECEIVING ORDER AND CREDITORS' MEETING Debtor's alzrze.-ltobert Kojwang Kojwang. Address.-p.o. Box 544. 86-00200, Nairobi. Desc pzffpn.-Businessman. D te qLfiling petition.-ltub January, 2005. tolfrr.-iligh Court of Kenya at Milimani Commercial Courts, Nairobi. Date oforden-zlùh January, 2005. Cause No.-3 of 2005. Whether debtor's or creditor'spetition.-BzbLoçksbpebition. Act or acts of pmnkrupfcy.-lnability to pay debts. Date qf creditor's rzleefïay.--6th January, 2006. Wrlae-sheria House, Ground Floor. T/--2.30 p.m. Last day offiling proofofdebtforms.-st% January, 2006. Dated the 28th November, 2005. G. J. G. SILCOCK, Liquidator, P.O. Box 902-00502, Nairobi. GAZEWE NOIICE NO. 10346 IN THE MATTER 0F THE COMPANIES ACT ICap. 486) AND IN THE MATWR OF BESTFOODS KENYA LIMITED (Members ' Voluntary IWNt#zl#-&#) SPECIAL RESOLUTION NOTICE is hereby given that an extraordinary general meeting of LUCY NDUNGU, Bestfoods Kenya Limited held at LR No. 209/8887, Commercial Deput.y O.mcial Receiver. Street, Industrial Area. Nairobi, on Thursday, lst December, 2005 the following was passed as a special resolution: ' ç4That the company be wound up voluntarily''. GAZE'ITE NOTICE NO. 10344 THE BANKRUPTCY ACT (Cap. 53) ( Under Rule l 45 of the Sarllqrwut 'ï' Rllle.% ) REUEIVING ORDER AND CREDITORS' MIfETING NOTICE is further given that the crcditors of the above-named * company are required to provide particulars of their claims to the Iiquidator and to prove their claims on or before a date 30 'days from ' publication of this notice, failing which they will be excluded from the benetit of any distribution made bcfore such debts are proved. Dated the 2nd December, 2005. G. 1. G. SILCOCK. Liquidator, ' P.O. Box 902-00502, Nairobi.