Omtata to ‘rescue’ of Kinisu in NYS saga
Ethics and Anti-Corruption Commission (EACC) Chairman Philip Kinisu addresses the joint parliament select committee on July 29, 2016. Mr Omtata claimed that the current circus facing Mr Kinisu is a typical pattern that has been used over the years to hound out of office those who fight corruption networks in and outside government. PHOTO | JEFF ANGOTE | NATION MEDIA GROUP
What you need to know:
- He told the court that Mr Kinisu is accused of having conflict of interest because of his wife’s firm, Esaki Ltd, which was allegedly colluding with the Service’s officers to defraud the youth service.
- High Court judge Edward Muriithi agreed to his pleas requesting for the temporary reprieve orders to shield him from calls to leave office.
Embattled anti-graft agency chairman got a reprieve after the High Court barred the Ethics and Anti-Corruption Commissioners from issuing statements regarding his ongoing probe on family dealings with the troubled National Youth Service.
Activist Okiya Omtata sued the Attorney-General and the Commission, which he accuses of ‘‘losing’’ personal file documents belonging to Mr Philip Kinisu, which has in turn resulted in allegations and pressure for his resignation.
Mr Omtata claimed that the current circus facing Mr Kinisu is a typical pattern that has been used over the years to hound out of office those who fight corruption networks in and outside government.
He told the court that Mr Kinisu is accused of having conflict of interest because of his wife’s firm, Esaki Ltd, which was allegedly colluding with the Service’s officers to defraud the youth service.
He argued that it is ironical that the firm itself is not under investigations by any law enforcement agency yet Mr Kinisu is being subjected scrutiny contrary to his right to dignity.
“It is only fair that the EACC’s commissioners are restrained from harassing him in any way including taking administrative action and conducting a public trial on him with regards to this matter,” Mr Omtata said.
High Court judge Edward Muriithi agreed to his pleas requesting for the temporary reprieve orders to shield him from calls to leave office.
“I certify this matter as urgent, court is also pleased to issue orders prohibiting five EACC’s commissioners from issuing statements regarding ongoing investigations on Mr Kinisu,” the judge said.
The five commissioners who are listed as interested parties are Chief Executive Officer Halakhe Waqo, his deputy Michael Mubea and commissioners Sophia Lepuchirit, Dabar Maalim and Paul Gachoka as well as Rose Macharia.
According to Mr Omtata, it is important that Mr Mubea also makes a full disclosure of monies paid through the law firm of Michael Daud &Associates by Ogola & Company advocates last year.
He claimed that Sh50.4 million was allegedly paid on April 14, 2015, which is part of the Sh791 million that was stolen from the NYS which EACC is investigating under the leadership of Mr Mubea.
“This matter is extremely urgent as the prevailing state of affairs undermines the all-important mandate of the EACC, which is to enforce compliance with Chapter Six of the Constitution that relates to integrity,” Mr Omtata said.
