Higher Education Loans Board (HELB) CEO Charles Ringera has been dealt a blow after a Nairobi court ordered him to pay back Ksh.491,852 to the state agency.
This is after High Court judge Esther Maina on February 9, granted the Ethics and Anti-Corruption Commission (EACC) powers to hold senior public officials accountable for loss of public funds registered across government agencies.
The ruling came on the back of a petition filed by Ringera challenging a decision by EACC to hold him personally liable for the loss of the previously mentioned amount.
Also Read: HELB Barred from Imposing Hefty Fines
According to EACC, Ringera abused his position in 2019 by ordering HELB’s Chief Finance Officer Shem Gichimu to increase the salary of Chief Operations Officer (COO) Geoffrey Monari without getting the necessary approval from the HELB Board on the same.
When Monari exited HELB, he cumulatively drew the cash irregularly awarded to him by the CEO.
“In March 2019, the CEO, HELB had irregularly approved the review of the basic salary of the then Chief Operations Officer, Monari from Kshs. 218,719.13 to Kshs. 253,923.13 where he directed Gichimu to effect the same in contravention of the Public Service Commission Human Resource Policies.”
“The Chief Finance Officer considered this as an improper order and contrary to section 36 of the Leadership and Integrity Act, 2012 and appropriately reported the same to the Commission,” said EACC in a statement.
After finalising investigations into the incident, EACC determined that Ringera’s conduct to award incremental credits to Monari amounted to abuse of office and a breach of public trust.
EACC surcharged Ringera and ordered that he pay back the sum to HELB.
“Aggrieved by this decision, Ringera moved to the High Court seeking to quash the decision by EACC arguing that EACC does not have such powers,” the anti-graft watchdog said in a statement.
“In its decision, the High Court held that in protecting public property, the constitutional and statutory powers of EACC extend to securing compensation for the loss of public property from culpable public officers.”
Maina further ruled that EACC was within the law which gives it authority to institute and conduct civil proceedings for the purposes of recovery of public property or confiscate proceeds of corruption.
She stated that the Leadership and Integrity Act, of 2012 mandates the Commission to oversee and enforce good governance among State officers, including prudent use of public resources.
