The Ethics and Anti-Corruption Commission (EACC) has warned against irregular procurement and misuse of public funds in mitigation measures for the anticipated El Niño rains.

In a circular to all accounting officers, ministries/departments/agencies (MDAs), constitutional commissions and independent offices, clerks of the Senate and National Assembly, and the chief registrar of the Judiciary, the EACC said it had come to its attention that there is a disregard of the law in the initiation and implementation of some mitigation measures.

"Following the announcement, National and County governments are putting in place mitigation plans and interventions aimed at managing the effects of El Nino," EACC stated.

"It has come to the attention of the Commission that there is disregard of the law, in the initiation and implementation of some mitigation measures, which is likely to give room for financial impropriety, and embezzlement of public funds."

The EACC is empowered under the Ethics and Anti-Corruption Act of 2011 to advise on any matter within its functions.

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It is also empowered to require public entities to assist in ensuring compliance and enforcement of Chapter Six of the Constitution and the promotion of standards and best practices in integrity and anti-corruption.

The EACC advises that all procurements and expenditures undertaken by national government MDAs and county governments in mitigation measures should strictly comply with procurement laws, the Public Finance Management Act, and regulations.

“To this end, the Commission advises that all procurements and expenditures undertaken by National Government MDAs and County governments in mitigation measures, in preparation for the anticipated El Niño rains should strictly comply with procurement laws, the Public Finance Management Act, and regulations,” the EACC said.

The Commission also said that accounting officers will be held personally liable for any loss, unauthorized expenditure, or misuse of public funds in mitigation measures.

The EACC’s warning comes as the Kenya Meteorological Department has given early warning signs of possible El Niño rains beginning September 2023 and going until January 2024 across the country.

The EACC is urging all public officers involved in the implementation of mitigation measures to be vigilant and uphold the highest standards of integrity and ethical conduct.