I will not resign, EACC chairman Philip Kinisu says

The chairman of the anti-graft agency, Philip Kinisu, has said he will not resign over criminal investigations against him.

Companies associated with the Ethics and Anti-Corruption Commission (EACC) head are being investigated by the Directorate of Criminal Investigations, the Assets Recovery Agency and the Kenya Revenue Authority over their dealings with the National Youth Service (NYS).

“My resigning will be setting a terrible precedent because any person can fabricate any claim against a public official. Like they can say I am a poacher or a diamond smuggler. I cannot act on information which I know to be false,” he said.

Mr Kinisu, speaking in Nairobi on Tuesday, said the claims against him were orchestrated by individuals being investigated for corruption by the commission.

“The challenges are manifestations of corruption fighting back. The fightback is vicious and has demonstrated the danger that I and my fellow commissioners and to an extent our staff face,” he said.

Mr Kinisu, who owns Esaki Limited with his wife and daughter, found himself under scrutiny when it was revealed that the company was paid a total of Sh35,417,209 to supply borehole materials to the NYS between October 2014 and November 2015.

CONFLICT OF INTEREST

Though the company was not adversely mentioned in the alleged corruption scandal that saw NYS lose 791 million, the fact that it is owned by the family of the EACC chairman raises questions about possible conflict of interest.

Mr Kinisu on Tuesday said that before he took office, he had declared that he was an interested party in Esaki Ltd.

He also said the contracts awarded to his company were won before the NYS woes started.

“The contracts were won prior to allegations by [the] EACC; legitimate questions can be asked by any right-thinking Kenyan, why is the company being fished out in an expedition for evidence?” he asked.

He is also the chairman of the African Population and Health Research Centre, whose operations have been queried by the NGOs Coordination Board (NCB).

NCB executive director Fazul Mohamed wrote to spy chief Philip Kameru asking that the non-profit organization be investigated for money laundering, diversion of donor aid and regulatory mischief.

Over the past three years, the NGO received in excess of Sh5 billion.

“The allegations against the company and [me] are unsubstantiated. We have been tried and convicted in the court of public opinion by the deliberate manner in which the matters have been framed and orchestrated.

“Corruption is complex and powerful. My experience through these events has shown that even those who should be on the good side are easily swayed to become angels of the devil,” Mr Kinisu said.

(Editing by Beatrice Obwocha and Henry Gekonde)