Ombudsman wants action against public officers for fraudulent recruitment

The Commission on Administrative Justice, more commonly known as the Office of the Ombudsman, has recommended that the Directorate of Public Prosecutions, the Directorate of Criminal Investigations, and the Public Service Commission investigate some individuals for possible misconduct in the country’s public office.

The Ombudsman, in a letter to the three state agencies, wants Francis Asiago Marita, a former employee of the Ministry of Information, Communication and Technology prosecuted for questionable enrolment as a civil servant. The Commission described circumstances under which Marita was employed as unscrupulous.

“Investigations established that Mr. Marita’s engagement with the Ministry of ICT from June 2014 to July 2015 was irregular as he had by then been expunged from the Public Service payroll and his employment file was never forwarded to the Ministry,” the Ombudsman said

“The manner in which Mr. Marita was appointed to the Ministry of Water, introduced into the payroll, transferred from the Ministry, deleted from the payroll, and disappearance of his file, all point to the possible commission of a fraud,” the commission added

He is wanted alongside Tom Emonde, a former Principal Human Resource Officer at the Ministry of Water, and other public officials namely; Cleophas Khaseya, Davis Kariuki, Rosemary Kariuki, and C.A Otunga, who worked for the Ministries of Water and ICT, who are accused of aiding his fraudulent recruitment. CAJ wants them charged for possible neglect of official duty contrary to section 128 of the penal code.

“His appointment was irregular as he did not undergo a competitive recruitment process. Further, the authenticity of his letter of offer and letter of appointment signed by one Tom Emonde are both in question,” noted the Commission in a statement Thursday

The above government officials, suspected to have facilitated or abetted the commission of fraud leading to the irregular employment of Marita, have since retired from Public Service and their whereabouts are unknown.

The issue of Marita came to the fore after he launched a complaint to the Ombudsman protesting being expunged from the government payroll without notice. He told the commission that he had worked at the Ministry of ICT for about a year without receiving a salary after which he left to seek medical treatment for a medical condition that he was suffering from. Despite numerous attempts, Marita told the commission that his efforts to have him reinstated and salary paid did not bear fruit.

The commission says it took up the matter and instituted a probe. In an unexpected turn of events, the Ombudsman says investigations proved Marita had no right demanding reinstatement and pay given he had secured employment in government through dubious means, and now wants him and others in the case prosecuted.