Senate turns heat on EACC over unresolved county audit scandals

Years of audit reports have exposed massive financial irregularities in county governments, yet the officials linked to the questionable spending have rarely faced consequences, prompting senators to demand answers from the Ethics and Anti-Corruption Commission (EACC) over its record in tackling corruption at the devolved level.

The anti-graft agency found itself under intense scrutiny in the Senate after Busia Senator Okiya Omtatah sought a detailed account of how it has handled adverse findings contained in Auditor General reports over the last 10 years.

According to Omtatah, county audit reports continue to reveal the same concerns year after year, raising doubts about whether investigations are being carried out effectively and whether those responsible are being held accountable.

“Reports of the Auditor General have continued to reveal recurring cases of unsupported expenditure, irregular procurement, unaccounted public funds, stalled projects, payroll anomalies and breaches of public finance laws,” he said.

“The recurrence of similar audit queries year after year points to a deeper problem regarding the extent to which such matters are investigated, culpable persons held accountable, loss of public resources recovered and preventive measures put in place.”

The senator has now asked the Senate Finance and Budget Committee to establish the number of adverse audit findings that have been referred to the EACC during the past decade.

He is also seeking details on the number of investigations concluded, cases forwarded to the Office of the Director of Public Prosecutions, the outcomes of those cases and the value of public resources that have been recovered.

In addition, Omtatah wants the committee to determine whether counties that repeatedly receive adverse audit opinions have been subjected to thorough investigations and what action has been taken to stop similar audit concerns from recurring.

His request has revived a long-running debate over the fate of issues raised annually by the Auditor General. Every year, audit reports continue to flag unsupported spending, procurement breaches, missing records, irregular payments and stalled development projects in county governments and other public institutions.

Many of those concerns reappear in subsequent reports, creating the impression that recommendations made by oversight bodies are not being fully implemented.

The Senate County Public Accounts Committee (CPAC), which reviews county audit reports before referring suspected criminal matters to investigative agencies, has previously expressed frustration with the pace of action taken by the EACC.

Last year, committee chairperson and Homa Bay Senator Moses Kajwang’ disclosed that more than 140 corruption-related cases had been forwarded to the commission within two years, but little information had been provided on their progress.

“The last time I called them [EACC bosses] for a meeting in Mombasa, the chairman could only count 149 matters referred to the commission but asked for time to compile the details.”

Kajwang’ further argued that some investigations appear to gain momentum only after attracting public and political attention.

“EACC runs after things depending on the politics of the day,” he said, pointing to investigations in Marsabit County that followed heightened scrutiny by the Senate over the use of Sh8 billion.

Nandi Senator Samson Cherargei has also criticised agencies charged with investigating corruption, saying they have not done enough to shield devolution from misuse of public funds.

“It is the EACC and DCI who are failing devolution. Parliament only recommends, the EACC investigates and the DPP prosecutes. The only thing we can do is recommend,” Cherargei said.

The concerns have emerged despite assurances from the EACC that it is actively pursuing corruption cases across the country.

Last year, the commission informed senators that it had ongoing, completed and preliminary investigations in at least 38 counties involving allegations of embezzlement, procurement fraud, abuse of office and conflict of interest.

EACC chairperson David Oginde told the Senate that a number of those investigations originated from complaints received by the commission, referrals from Parliament and matters raised by the Auditor General.

Among the cases already completed are investigations that led to the prosecution of former Bungoma Governor Wycliffe Wangamati over the alleged irregular award of tenders worth Sh70.2 million.

Other cases include the prosecution of Bomet Governor Hillary Barchok over alleged corruption linked to county contracts and investigations into alleged fraudulent payments amounting to Sh270 million in Garissa County.

The commission is also pursuing inquiries into alleged procurement irregularities valued at Sh1.27 billion in Kiambu County and Sh728.8 million in Marsabit County.

Even with those investigations underway, senators maintain that the continued appearance of similar audit queries across counties reflects a failure to deal decisively with financial misconduct, leaving fresh questions over the effectiveness of efforts to safeguard public resources under devolution.