NAIROBI, Kenya Dec 1 – A fresh petition has been submitted to the Ethics and Anti-Corruption Commission (EACC) calling for the immediate initiation of criminal proceedings and asset recovery against former NGO Co-ordination Board Executive Director Fazul Mahamed.
The petitioner, Haggai Thenye Odiawo, is demanding the recovery of approximately Sh56.2 million in cumulative salaries and benefits, arguing that the funds amount to proceeds of crime allegedly obtained through the fraudulent acquisition of public office.
In his letter to the EACC CEO, the petitioner argues that the Commission must demonstrate timely and firm enforcement to restore public confidence, insisting that no criminal act is too old to be punished.
Prima Facie Evidence Cited
The demand is based on long-standing official findings that the EACC has previously handled.
These include a letter from Egerton University, dated September 10, 2015, which allegedly confirms that Mahamed (admitted as Mahamed Yusuf) was discontinued in his third year on academic grounds and does not hold a Bachelor of Science degree from the institution.
The petition further cites a detailed investigative report by the Commission on Administrative Justice (CAJ), signed by then-Ombudsman Otiende Amollo.
This report, titled “Death of Integrity,” conclusively found that Mahamed presented forged academic documents to secure the Executive Director position at the NGO Co-ordination Board.
The Ombudsman recommended that Mahamed be removed from public office, barred from future service, and investigated by the Directorate of Criminal Investigations (DCI) noting that Mahamed’s actions constitute serious violations, including forgery, fraudulent acquisition of public office, and abuse of office.
“These findings are clear, unambiguous, and remain uncontested,” the petition states.
Recovery Demand
The petitioner estimates Mahamed earned Sh 56.2M in salaries and allowances while leading the NGO Co-ordination Board and the immediate past Director General of the Private Security Regulatory Authority (PSRA).
The citizen has specifically requested the EACC to undertake several immediate actions, including instituting criminal charges for presenting forged documents, fraudulent acquisition of office, and obtaining public funds by false pretense.
Crucially, the petition demands the recovery of all salaries and benefits of Sh 56.2M as proceeds of crime pursuant to the Anti-Corruption and Economic Crimes Act.
Finally, given the fraudulent entry into office, the petitioner calls for a full lifestyle and professional audit against Mahamed, citing the Ombudsman’s report which highlighted suspicions of further corruption, irregular procurement, and maladministration.
“Kenyans are watching the Commission closely, and prosecuting this matter will reinforce the view that there are no sacred cows, public office is not a refuge for fraudsters and that integrity is enforced consistently and impartially,”the petition stated.
The EACC is yet to issue a public statement regarding the petition.
