PUBLIC PETITION Date: Tuesday 2 April, 2020 — er ARANDA Chief Executive Officon EG aL 7. INVESTIQSgNUTT sou Ethics & Anti oo eae DQ, REE ion NecoRDS Integrity Houses’. ae) { P.0. Box 6113000200, nOwBUAPR 123) “Yh O2 APR 2) F Email: eacc@integrty.g0.ke } P.O. BOX 61130..9 Malt WEG 10200 eee ner a A NAIROBI Dear Sir, ag oun 00 WI LL FOR INVESTIGATIONS ON NG-CDF 8 ACTING CEO. Integrity Watch is a network of whistle blowers, bloggers atid activists countrywide who seek to ensure accountability, integrity of public office holders and fidelity to the law in execution/discharge of public duty. Cognizant of article 3(1) that demands of all citizens to respect, uphold and defend the constitution, we institute public petitions, peaceful demonstrations & legal actions against any person(s) or institution(s) both in public and private sector found to have contravened the rule of law. We the under signed individual citizens purely acting in public interest vide Article (22) of the constitution and pursuant to Public information Act 2016 that gives us undeterred rights to access public information together with other enabling provisions of the laws of Kenya, do hereby write to draw your attention to conflict of interest concerns integrity issues and bribery allegations that marred recruitment of NG-CDF Board CEO. Sir, we seek to bring to your notice that the Constitution of Kenya 2010 sets a new mark and threshold for public sector accountability and those public servants entrusted with public office who do not want to meet and live by the new set standards simply put have no place in public office. in summary under the Constitution Kenyans decreed that those whose conduct does not bring honour, public confidence and integrity have no place in the management of public affairs. This is to ensure that those entrusted with the management of public affairs and resources are persons of good character, probity and uprightness. Integrity Watch, P.o Box 60090-00200 Nairobi-KenyaTake NOTE that in respect of this particular matter (expose) the character, probity and uprightness of Ag. Chief Executive Officer (CEO) of NG-CDF Board Mr. Yusuf Mbuno has been greatly dented and he no longer enjoys the good standing to occupy a public office. Our CONCLUSIONS, among others, are as follows; a) bj qd) e) f) 8) hy J k) THAT Mr. Yusuf Mbuno, the National Government Constituency Development Funds (NGCDF) acting CEO has been variously adversely implicated in the embezzlement of funds at the body, which manages over Ksh33 billion annually THAT the candidates invited to apply for NG-CDF Board CEO had been required to provide integrity clearance from EAC, are there any investigations pending touching on NG-CDF Board and how was Mr. Yusuf Mbuno Cleared? THAT there are grounds to raise concern/suspicion why Mr. Yusuf Mbuno has stayed at the helm of NG-CDF Board since 2011 and for 9 years consecutively in an acting capacity, contrary to the law which requires appointment of a substantial/gazetted CEO. THAT Mr. Yusuf Mbuno has maintained a two-pronged strategic approach since 2011 to be appointed substantive CEO successfully:or scuttle:recruitment process ‘and remain as acting CEO NG-CDF Board. THAT Parliament has made several but failed attempts to substantively fill the posifion of NG-CDF Board CEO since 2013 because of under-hand machinations of Mr. Yusuf Mbuno. THAT there are material suspect reasons why Mr. Yusuf Mbuno maintained an amorphous structure at the fund for long comprising of only government representatives without a fully constituted board and without a chairman of the board almost all the time which supported his long stay. THAT Mr. Yusuf Mbuno maintained a senior management team of the board for long that was comprised of only seconded staff from the ministries and departments. THAT the staff on secondment from planning at NG-CDF Board have overstayed contrary to the provisions of the Public Service Act. THAT the 2016/17 financial year Audit report that was released implicating the Mr. Yusuf Mbuho of over Ksh300 million lost through Chase bank, the report was just tabled in National Assembly and shelved without being discussed. Not even the General Auditors office has ever posted the report on its website as required by lave. THAT Mr. Yusuf Mbuno has been bribing MPs through NG-CDF CSR projects. THAT the unfettered interactions of Mr. Yusuf Mbuno with members of National Assembly Select Committee on (NASC) on NG-CDF during recruitment period should be put under scrutiny and investigated. THAT the said interactions could violate Article 73 of constitution of Kenya 2010. Integrity Watch, P.0 Box 60090-00200 Nairobi-KenyaFrom the foregoing we wish to DEMAND, as we hereby do, as follows; 1 THAT Hon. Ukur Yattani finds reason to recall Mr. Yusuf Mbuno back to Ministry and restarts CEO recruitment process at NG-CDF Board because of obvious vested interests. THAT EACC does lifestyle audit on Mr. Yusuf Mbuno (All Bank A/Cs, Movable and Immovable Assets) THAT EACC should trail movements and meetings held with MPs AND Mr. Yusuf Mbuno during recruitment period of NG-CDF CEO. THAT EACC should do thorough investigations on project approvals by Mr. Yusuf Mbuno during recruitment period to establish if he bribed MPs. THAT EACC should probe if corporate governance principles on objective recruitment exercise were followed in the recruitment. THAT EACC should ask for and scrutinize the list of shortlisted applicants and a copy of the board's Human Resource Policies and Procedures, minutes, among other, documents. We have decided to bring this to your notice in absolute good'faith and seek your assurance ‘that all this will be acted on within reasonable time purely in the interest of justice. We look forward to a timely response, Your signbidoetioners