EACC admits receiving Sh7 million in deal with NLC finance boss

The Ethics and Anti-Corruption Commission has told the court that it recovered Sh7 million from the National Lands Commission (NLC) Finance Director, Benard Kibet Cherutich.

 In its reply to a case filed challenging Kibet’s employment, the commission admitted that it agreed with Kibet after he offered to pay the money he had allegedly received from NLC for land compulsorily acquired for government projects.

The commission said it had done its job by undertaking investigations and recovering public funds. According to EACC, the decision on whether Kibet should remain in office or not lies with the NLC.

“I am advised by Counsel on record and which advice I verily believe that the advice is true, that from the foregoing circumstances, prayer (f) in the petition ought not to be granted, as the Commission fulfilled its constitutional and statutory mandate by undertaking investigations into the matter and recovering public funds. This was not controverted in the petition,” replied EACC’s representative Catherine Ngari.

This comes as the NLC urged the court to dismiss the case filed by Absi Billow Osman. The commission’s legal director Brian Ikol urged the court to find that there is no judgment from a court of law to impeach Kibet’s integrity.

He stated that recoveries emanating from alternative justice system methods cannot be taken to be an admission of guilt or be an anchor for disqualifying a person from holding a public office.

“The petitioner has not demonstrated the specific statutory provision which rendered the 2nd Respondent legally incapable of being considered for, appointed to, or retained in the position of Director, Finance and Corporate Planning,” argued Ikol, adding that the claims remained unproven.

He added that there should be cogent grounds for removal from office which do not include the agreement between Kibet and EACC.

“The alleged negotiated settlement between the second respondent and the third respondent cannot, without the terms and legal effect thereof being properly established, be construed as an admission of criminal or constitutional culpability,” said Ikol, adding there was no evidence to show that it had acted outside the law by appointing or retaining him in office.

 NLC insisted there was no evidence to show Osman had suffered or his rights had been violated.

Osman argued that it would be against the Constitution and the Integrity Act for Kibet to remain in office.

He claimed that Kibet had allegedly already completed his contract and may be considered for another one if the court did not intervene.

“Investigations by the third respondent established that the second respondent (Kibet) while serving as the Director of Finance, was a director and owner of Lorgis Logistics Limited. A company received compensation monies from the NLC in relation to the compulsory acquisition of land for a government project. The EACC deemed these monies to be illicit benefits derived from the compensation process as quoted below from the report attached,” he argued in his court papers filed by Duwane and Wethow Company Advocates.

He stated that following investigations, Kibet allegedly entered into a settlement with EACC resulting in the restitution of the money in question to the Government of Kenya.

He further claimed that other alleged beneficiary officers were allegedly processed to appear in court. “This settlement was documented as part of the EACC's official Recovered Assets Portfolio Report,” he claimed, adding that the commission ought to have followed up with the removal from office.

Osman sued the NLC, Kibet, and the EACC and the NLC commissioners. He insisted that his issue was the enforcement of ethics and integrity in government appointments.

“The first (NLC) and the third (EACC) and the interested parties are obligated to adhere to the provisions of Article 10 of the Constitution, the Anti- Corruption and Economic Crimes Act, Public Service Act and the provisions of the Leadership and Integrity Act 2012 before considering the appointment of a staff member or secretariat,” he argued.

According to him, although Kibet was not charged before a court of law, it did not give him a clean bill of health either.

He asserted that it would be improper for him to continue being in NLC’s finance department.