The Commission on Administrative Justice (CAJ), popularly known as the Office of the Ombudsman on Tuesday confirmed that Ethics and Anti Corruption Commission Deputy CEO Michael Kamau Mubea illegally earned Sh1.2 million during his term in office from January 2013 to date.
Otiende Amollo, the chairman of the Commission on Administrative Justice, also known as the Ombudsman.
According to its report, Mubea was earning a gross salary of Sh780,000 instead of the Sh550,000 maximum set by the Salaries and Remuneration Commission (SRC).
“Mubea earns Sh780, 000 per month which is beyond SRC’s approved salary structure. The allegation that Mubea was selectively awarded a salary beyond what is approved by SRC therefore holds,” CAJ asserted.
CAJ’s investigations revealed that Mubea negotiated the salary with EACC Vice Chairperson Irene Keino and the negotiations did not involve any other officials.
According to the report Mubea receives a total of Sh280,000 as allowances.
On the other hand Edward Kenga Karisa who had been short listed for the position of Deputy Secretary Support Services was given allowances of Sh255,000. Both positions were supposed to be at par.
Mubea was also given a domestic servant allowance of Sh40,000 whereas Karisa was offered Sh15,600 for the same.
The Ombudsman recommended that: “EACC to immediately recover Sh1, 231,392.20 being net salary overpayment beyond SRC approval to Mr. Michael Mubea from January 2014 to March, 2015.”
It is also asked the EACC leadership to take responsibility for failing to implement the SRC’s recommendation on the amount that Mubea should have been earning.
“EACC leadership is collectively culpable of negligence for failing to implement the salary structure for EACC staff as advised by SRC vide letter Ref: SRC/TS/ANTI-COR/3/35/7 dated 10th December, 2013,” CAJ said.
The Ombudsman asked for further action to be taken against Mubea for giving misleading information about his salary.
“Mubea knowingly misled the CAJ investigators to believe that he was not aware of and he did not sign the contract with a basic salary starting from Sh400,000 with an annual increment of 5%,” CAJ asserted.
The other issue that was under subject of investigation by CAJ was the illegal acquisition of NSSF houses by EACC officials.
The office found out that EACC vice Chair Irene Keino bought two houses from NSSF in Nyayo Embakasi.
Though there is nothing wrong with an official from EACC buying NSSF property, CAJ was concerned that Keino bought the two houses when NSSF was being investigated by EACC over the procurement of CCTV.
In its view the engagement with NSSF at such a time could compromise her position at EACC.
According to CAJ Keino was inappropriately notified of the sale of the two houses two years and three months after the sale had closed on December 30, 2011.
CAJ explained that NSSF failed to place a public notice informing the public of the availability of 287 houses for sale at Nyayo Embakasi after the deadline.
“CAJ noted that NSSF appeared to have selectively informed some potential buyers including Ms. Keino of the availability of the houses. NSSF did not give equal opportunities to the general public regarding the remaining houses on sale,” CAJ says in its report.
CAJ also concluded that Keino was given a letter of offer even before she made an application for the houses.
Further it was revealed that NSSF failed to furnish CAJ with proper documentation of how Keino completed payment for the two houses each valued Sh6.1 million.
“Although CAJ did not obtain evidence to confirm the allegation that NSSF may have donated the two houses to the Vice Chair EACC, the timing and the manner in which the transaction took place suggests the fact that Ms. Irene Keino may have compromised her position as the Vice Chair, EACC, at a time EACC was investigating NSSF,” CAJ said.