By James Okoth
A damning report by the Commission on Administrative Justice (CAJ) has laid bare a shocking web of negligence, intimidation and regulatory failure implicating senior officers of the National Police Service (NPS) and top officials at the National Employment Authority (NEA) in one of Kenya’s biggest recruitment scams in the First Choice Agency scandal.
The Ombudsman’s investigation paints a disturbing picture of systemic rot across law enforcement and labour regulation, revealing how police officers allegedly shielded suspects, threatened victims and deliberately stalled investigations, while NEA officials slept on their watchdog mandate, enabling the fraudulent agency to fleece thousands of unsuspecting Kenyan youths.
Police Complicity and Intimidation
The Commission’s findings accuse several senior police officers, including the then Turbo Sub-County Criminal Investigation Officer (SCCIO) (now SCCIO of Suna East), the current Turbo Deputy SCCIO, the then Officer Commanding Station (OCS), Eldoret Police Station (now Staff Officer Personnel, Nyandarua Central) and the then Officer Commanding Crime (OC Crime), Eldoret Police Station (now Staff Officer Personnel, Imenti Central), of gross negligence, threats and obstruction of justice.
The officers reportedly ignored multiple complaints filed between September and December 2022, failed to record victim statements and in some instances, intimidated or coerced complainants into silence.
The report indicates that meaningful police action only began after the Uasin Gishu County Assembly intervened in January 2023, by which time, justice had already been severely compromised.
The Ombudsman has directed the National Police Service Commission (NPSC) to take disciplinary action against the implicated officers and submit a comprehensive report within six months.
National Employment Authority Accused of Sleeping on the Job
The National Employment Authority is also on the chopping block. The report singles out the NEA Director-General and the Director of Labour Migration for dereliction of duty, failure to regulate and ignoring red flags in First Choice Agency’s operations.
The Commission found that NEA renewed the agency’s license despite non-compliance, did not inspect its branch offices and failed to verify demand letters or financial statements.
Discrepancies were glaring as the agency reported 800 job placements, but only 53 could be verified.
The Ombudsman has instructed the Principal Secretary for Labour and Skills Development to discipline the NEA officials and report back within six months.
“Systemic weaknesses including legal gaps, underfunding and chronic understaffing, made NEA a toothless regulator,” the report states.
Fraud, False Promises and Collusion
At the heart of the scandal is First Choice Agency Recruitment and Consultancy, operated by Ms. J.J and associates, which between 2021 and 2022 collected millions of shillings from more than 5,000 job seekers with promises of overseas employment, education placements and even recruitment for the 2022 FIFA World Cup.
Victims were charged KES 40,400 or more, often paid in cash, with unbranded or fake receipts. The agency ran elaborate operations from Eldoret City Plaza, employing visa brokers, medical testers and interviewers, all while flying under the radar of regulators.
Despite growing complaints, police officers at Eldoret Police Station allegedly looked the other way and in some cases, offered protection to the agency’s director.
Evidence points to a pattern of obstruction and intimidation, with officers accused of coercing victims and issuing threats.
DCI Investigation Stalled
Although the Directorate of Criminal Investigations (DCI)’s Economic and Commercial Crimes Unit took over the case in March 2023, progress has been painfully slow.
The file was submitted to the Office of the Director of Public Prosecutions (ODPP) in August 2023, but repeated requests for additional evidence have delayed prosecution, with the last correspondence dated October 9, 2024.
The Ombudsman says the delays reflect deep inefficiencies and poor coordination between investigative and prosecutorial agencies.
Senate Petition Sparked Probe
The investigation was launched after a February 2023 petition to the Senate Standing Committee on Labour and Social Welfare, representing about 5,000 youths duped by the agency.
The petition accused law enforcement officers of colluding with the agency to intimidate complainants and obstruct justice, prompting the Ombudsman’s inquiry into law enforcement conduct, regulatory lapses and victim protection.
Tough Directives Issued
The CAJ report has ordered sweeping corrective measures:
●NPSC: Take disciplinary action against the implicated police officers and report within six months.
●Labour Ministry: Sanction the NEA Director-General and Labour Migration Director for regulatory negligence.
●Attorney General: Expedite passage of the Labour Migration and Management Bill to plug legal loopholes.
●NEA and CUE: Blacklist First Choice Agency and its directors from future licensing or registration.
●DCI: Fast-track investigations and ensure timely prosecution.
Broader Call for Accountability
The Ombudsman has further recommended staffing increases, digital record-keeping (NEAMIS), and frequent inspections for NEA, alongside improved public access to police internal affairs mechanisms to ensure accountability.
It also urged the Senate Labour Committee to enforce implementation of the 2022 CAJ Report on migrant domestic workers in Saudi Arabia, to strengthen protection of Kenyan workers abroad.
A Crisis of Trust
The First Choice Agency scandal has become a symbol of institutional betrayal, a grim reminder of how corruption, incompetence and collusion can devastate the dreams of an entire generation.
“The failures of the National Police Service and the National Employment Authority were not merely administrative but they were moral.” The Ombudsman’s report concludes.
Justice delayed, the report warns, is justice denied for thousands of Kenya’s youth whose futures were stolen in broad daylight.
