Resign or we kick you out, EACC chiefs tell Kinisu

Embattled Ethics and Anti-Corruption Commission (EACC) chairman Philip Kinisu has been given an ultimatum to resign or get suspended due to his transactions with the National Youth Service (NYS).

Four EACC commissioners and chief executive Halakhe Waqo want Mr Kinisu to take personal responsibility without the need of a suspension being invoked under section 42(7) of the Leadership and Integrity Act.

A company associated with Mr Kinisu, Esaki Ltd, was paid Sh35.4 million to supply bore hole materials to the NYS between October 2014 and November 2015.

The firm also received payments from the government amounting to Sh246 million between March 2015 and June this year, but the chairman maintains that the cash did not come from NYS.

The EACC commissioners have sought legal advice from Attorney-General Githu Muigai concerning Mr Kinisu’s suspension.

“Holders of public office are required to observe high ethical standards and therefore the view of the commissioners is that the  continued occupation of the office of the chairperson is in  apparent conflict with public  interest  whether real or perceived,” said the statement signed by the four commissioners and CEO on Thursday.

“Voluntary action will pave way for independent investigations into the matter and also set the standard as the chair of EACC.”

Under section 42 of the Leadership and Integrity Act, a State officer may be suspended from office pending the investigation and determination of allegations made against that State officer where such suspension is considered necessary.

Mr Kinisu earlier said claims against him were orchestrated by individuals being investigated for corruption by the commission. He vowed not to resign.

Companies associated with Mr Kinisu are being investigated by the Directorate of Criminal Investigations, Assets Recovery Agency and Kenya Revenue Authority, in relation to dealings with the NYS.

The commissioners say the push to have Mr Kinisu resign is informed by his position at the anti-graft agency that gives direction on policy at the commission including investigation into corruption and unethical conduct.

They say the chairperson is also involved in determining files for investigations and those to be forwarded to Director of Public Prosecution for court action.

The EACC chiefs reckon that his position as chairperson is untenable given the anti-graft agency is investigating the NYS matter where the government lost up to Sh1.8 billion through fake contracts.

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