Opening Remarks by Michael Mubea, Deputy Secretary/CEO Technical Services

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1 PRESENTATION OF THE EXAMINATION REPORT INTO THE SERVICE DELIVERY SYSTEMS, POLICIES, PROCEDURES AND PRACTICES AT THE PORTS OF ENTRY, 2 ND SEPTEMBER 2016, KICC Opening Remarks by Michael Mubea, Deputy Secretary/CEO Technical Services

2 The Chief of Staff and Head of Public Service: Mr. Joseph Kinyua, Attorney General: Prof. Githu Muigai; The Cabinet Secretary, Ministry of Interior and Coordination of National Government: Major Gen (Rtd) Joseph Nkaisserry; The Cabinet Secretary, Ministry of Transport and Infrastructure: Mr. James Macharia; The Cabinet Secretary, Ministry of Health: Dr Cleopa Mailu; All the Principal Secretaries present; EACC Chairperson, Mr. Philip Kinisu EACC Commissioners Secretary/Chief Executive Officer, EACC The Commissioner General, Kenya Revenue Authority; 2

3 The Managing Director; Kenya Airports Authority; The Managing Director: Kenya Civil Aviation authority; The Managing Director: Kenya Plant Health Inspectorate Services; The Managing Director: Kenya Bureau of Standards; The Director Department of Immigration; The Director: Kenya Port Health; All staff of EACC; Staff of the various agencies Distinguished guests; Media Fraternity; Ladies and Gentlemen: Good morning!! 3

4 I welcome you all to this important occasion of the official presentation of the report of the examination into the service delivery systems, policies, procedures and practices at the Ports of Entry (POE). The Ethics and Anti-Corruption Commission (EACC) carries out systems reviews in the form of Examinations and Corruption Risk Assessments pursuant to its mandate as set out in section 11(1) of the Ethics and Anti-Corruption Commission (EACC) Act, 2011 which states that the Commission shall: 1. Advise, on its own initiative, any person on any matter within its functions; and 2. Subject to article 31 of the Constitution, monitor the practices and procedures of public bodies to detect corrupt practices and to secure the 4

5 revision of methods of work or procedures that may be conducive to corruption practices Section 13 of the EACC Act, 2011 also confers the Commission with the power to undertake preventive measures against unethical and corrupt practices. Systems reviews examine organizational processes with the aim of identifying corruption risks and recommending appropriate mitigation measures. Selection Criteria Ladies and Gentlemen: The Commission uses the following criteria to identify institutions to be reviewed: i) Requests from the Management of the institutions; ii) Reports and complaints received by the Commission on corruption 5

6 iii) Reports appearing in the media; iv) Research findings by the Commission; v) Sector targeting based on the importance of services rendered by the institution; and vi) Recommendations from an investigations by EACC. vii) Concerns raised by other public and private sector institutions including the civil society. The decision to carry out this particular examination was informed by various reports and complaints made by members of the public to the Commission and to the media, which alleged existence of weaknesses, opportunities and loopholes which facilitate corrupt practices at the POEs. The complaints received alleged malpractices such as bribery, tax evasion, smuggling of contraband goods, forging of inspection reports, clearance of illegal aliens and 6

7 clearance of prohibited goods at the Ports of Entry. The systems examination was launched on 24 th February 2015 and the exercise was carried out between March and May Methodology Used: The examination was conducted by a specialized team of officers from the Commission s Preventive Services Directorate. The team: a) Conducted formal and informal interviews with staff of targeted institutions, port users and other stakeholders; b) Studied and analyzed policy documents, operational circulars and manuals and other accountable documents; c) Observed work processes, physical facilities and surroundings; and d) Conducted spot checks to monitor compliance. 7

8 Scope of the Examination The examination covered various Ministries and Agencies operating at the Ports of Entry. These include: 1). Kenya Airports Authority; 2). Kenya Revenue Authority; 3). Department of Immigration; 4). Kenya Airport Police Unit; 5). Kenya Civil Aviation Authority; 6). Kenya Bureau of Standards; 7). Kenya Plant and Health Inspectorate Services; 8). Department of refugee Affairs; 9). Ministry of Transport and Infrastructure; 10). Ministry of Agriculture, Livestock and Fisheries; and 11). Kenya Port Health. 8

9 Specifically the team visited the following areas: a) Headquarter offices of: Kenya Airports Authority, Kenya Revenue Authority, Department of Immigration, Kenya Airport Police Unit, Kenya Civil Aviation Authority, Kenya Bureau of Standards, Kenya Plant Health Inspectorate Services, Department of Refugee Affairs, Ministry of Transport and Infrastructure and Kenya Port Health. b) Airports: Jomo Kenyatta International Airport, Mombasa International Airport, Eldoret International Airport, Wilson Airport and Ukunda Airstrip; and c) Border POEs: Namanga, Lunga Lunga and Malaba. Ladies and Gentlemen: The report we are presenting today is aimed at streamlining the systems, policies, procedures and practices with a view to promoting efficiency and integrity in the delivery of services at the Ports of Entry. 9

10 It is my appeal to all the organizations involved in any aspect of service delivery at the ports of entry to study the report and immediately embark on the implementation of the recommendations in the report. EACC on its part will provide support through continuous monitoring of the implementation progress. I now invite the Director Preventive Services, Mr. Vincent Okong o to give key highlights of the report. Thank you. Mr. Michael K. Mubea Deputy Secretary/CEO Technical Services Ethics and Anti-Corruption Commission 10

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