EACC chair Philip Kinisu says resignation calls 'premature'

Ethics and Anti-Corruption Commission (EACC) Chairman Philip Kinisu has blamed calls for his resignation on people opposed to reforms at the anti-graft agency.

The anti-corruption czar was responding to a case filed by an activist, Okiya Omtata, suing the attorney-general and EACC over allegations he is facing.

Mr Kinisu claimed the accusations resulted from wrangling factions within the EACC.

He described the EACC commissioners call for his on July 28 following a probe on his family’s business dealings with the National Youth Service (NYS), as premature and lacking legal basis

“It is clear that there are vested interests and individuals who feel threatened with the reform agenda that I have started to implement at the commission and have an agenda of releasing false and malicious information to confuse the public,” Mr Kinusu said.

According to the embattled chairman, he ceased being a director of Esaki Limited on August 15, 2008.

The company is co-owned by his wife Mary and their daughter Caroline Neto and is accused of colluding with NYS officers to defraud the youth service.

Mr Kinisu said he declared his interests with the firm at the time he took up his position as EACC chairman as required by law and that the firm was not under investigations for its business dealings when he was being vetted by Parliament.

Mr Kinisu’s wife also told the court that resignation calls violated her husband's right to a fair hearing and fair administrative action.

At the same time, a law firm that Mr Omtata had claimed was paid Sh50.4 million on April 14, 2015 as part of the Sh791 million that was stolen from the NYS absolved the commission’s deputy boss Michael Mubea from any wrong doing.

Mr Mubea had previously worked at one of the law firms under investigation.

Whilst Mr Omtata wanted Mr Mubea to make a full disclosure of monies paid through the law firm of Michael Daud & Associates by Ogola & Company advocates.

The former claimed that Mr Mubea was not involved in the transaction nor was he paid any monies.

The firm alleged that the said payments were for the purchase of property in Nairobi’s Roselyn Estate by Ms Charity Wangui Gethi at a cost of Sh 60 million.

Michael Daud & Associates claimed it represented the vendor while Ogala & Company Associates acted for Ms Gethi and that Mr Mubea resigned from the former firm in 2013, hence was not aware of the said transaction.

“In the circumstances there is nothing whatsoever for Mr Mubea to disclose as demanded by Mr Omtata since he was not in any way involved directly or indirectly in the transaction,” said Ms Amina Saadi Ali for the firm.

High Court has temporarily barred the EACC Commissioners from issuing statements regarding Mr Kinisu’s probe.