The National Assembly Public Accounts Committee (PAC) questioned the Ethics and Anti-Corruption Commission (EACC) on its decision to advertise the position of Chief Executive Officer (CEO) internally.  

During a session chaired by Hon. Wilberforce Oundo (Funyula) the Committee questioned the Commission's rationale behind advertising such a crucial position internally.

EACC CEO Mr. Twalib Mbarak appeared before the watchdog Committee to respond to  audit queries for the Financial Year 2020/2021.

According to the Committee the decision to advertise a key position such as that of Deputy CEO internally was unlawful and denied other competent Kenyans a chance to apply and compete for the job. 

Hon. Nabii Nabwera (Lugari) voiced suspicions that the internal advertisement was a scheme to favor an officer who had already been in an acting position. "This Committee reads a sinister motive in the decision by the Commission not to advertise the position externally. They should have given an opportunity to other Kenyans to apply for the job," Hon. Nabwera said.

During the meeting, the Committee was informed that a Kenyan citizen had taken the Commission to court to challenge its decision not to externally advertise the position, stalling the recruitment process.

According to the auditor's report, the Commission had placed an internal advertisement for the vacancies, which closed on 7th July 2020. A petition was filed at the Employment and Labour Court, Nairobi, in August 2020, leading to the halt of the recruitment process.

In his response, Mr. Mbarak defended the Commission, stating that they were acting in accordance with the law in advertising the position internally. "The Commission policy provides for officers to be appointed in an acting capacity for up to six months and not exceeding 12 months. However, in special circumstances, as approved by the Commission, the acting period may be extended beyond 12 months," clarified Mr. Mbarak.

He further confirmed that the positions of Deputy CEO and Deputy Director of Supply Chain Management were advertised internally, but the recruitment process was hindered by the petition. "The Commission later advertised the positions after the case was dismissed, and they are currently substantively filled," he explained.