KENYA Anti-Corruption Commission director PLO Lumumba faces possible criminal charges for abuse of office. KACC Advisory Board met on Thursday for the second time in a week and ordered an internal probe to ascertain whether PLO used his office improperly to solicit money for a harambee.
PLO is embroiled in a dispute with Tourism assistant minister Cecily Mbarire whom he accused on Monday of trying to bribe him, while she claims her husband had already donated Sh100,000 to him in cash for a harambee. She has formally petitioned the board to investigate PLO's conduct.
The KACC board under chairman Okongo Omogeni now wants to establish if PLO violated the Public Officer Ethics Act. The Act bars public officers from soliciting money for a harambee or indeed receiving harambee money from a suspect. “If any public officer, including the CEO of the commission, is found to have violated any section of the law, then he has to be in Court One (the anti-corruption court),” Omogeni said. Omogeni said investigations began late on Wednesday and the board will meet on Tuesday to decide the fate of PLO.
The Public Officer Act 2003 prohibits any public officer from soliciting or collecting harambees “either as a collector or promoter of a public collection, obtain money or any other property by using his official position in any way to exert pressure.” Section 12 of the Act stipulates that “an officer shall use his best efforts to avoid being in a position in which his personal interests conflict with his official duties".
The KACC has been investigating Broad Visions Ltd belonging to Mbarire's husband Dennis Apaa over contracts in the Water ministry. Last Monday PLO hastily convened a press conference to announce that Mbarire and Apaa had tried to bribe him. On Tuesday, Mbarire accused PLO of insincerity saying the couple donated Sh100,000 after PLO invited them to a harambee in Bondo to build a polytechnic in memory of his mother Lucy Onono.
Runyenjes MP Mbarire said PLO sought to meet her husband, hosted them in his Runda residence, and then invited them to the fundraiser. In his statement to CID, PLO said that he had returned the cheque from Broad Visions as it was not written to Lucy Onono Memorial Polytechnic. He said the invitation to the Bondo harambee was part of a coordinated sting operation on Mbarire and Apaa by the KACC. Mbarire maintains that PLO received cash from her husband as a replacement for the cheque but PLO and KACC deny receiving any funds. PLO's problems were compounded on Thursday when Parliament passed a Bill to disband KACC and recruit a new anti-corruption boss.
If the President assents, KACC will become the Ethics and Anti-Corruption Commission with a new director who will be vetted by MPs thus ending PLO's reign. Yesterday MPs Charles Keter, Richard Onyonka, Jakoyo Midiwo and Joshua Kuttuny blamed PLO's troubles on "recklessness". “He had a job to do but he just turned that office for witchhunting. Let him go home and rest,” Keter said. Midiwo said the mood in Parliament was that PLO should not even waste his time applying for the EACC's job.
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