House team says petition against Kinisu has enough grounds for EACC ouster
Ethics and Anti-Corruption Commission chairman Philip Kinisu. PHOTO | JEFF ANGOTE
Parliamentary Committee on Justice and Legal Affairs has said there are enough grounds to remove Ethics and Anti-Corruption Commission (EACC) chairman Philip Kinisu from office.
The committee wants President Uhuru Kenyatta to suspend Mr Kinisu and form a tribunal to investigate his conduct.
The recommendation must however be approved by a full plenary of parliament’s 349 MPs after eight committee members refused to endorse the removal of Mr Kinisu.
The committee chaired by Ainabkoi MP Samuel Chepkonga tabled its report in which the majority of the members said the petition by Mr Albert Mukono Ondieki discloses sufficient grounds for Mr Kinisu’s removal from office.
“That considering the matters to which the petition relates, the House resolves that the President suspends the chairpersons pending the determination of the tribunal,” Mr Chepkonga said in the report.
Opposition Cord MPs Olago Alouch, Tom Kajwang, Christine Ombaka, Johana Ngeno, Charles Gimose, Agostinho Neto, Peter Kaluma and Kamoti Mwamkale recorded dissenting views saying evidence adduced before the committee confirmed Esaki Limited in which Kinisu has interest was never under investigations by EACC at all material times.
The largely Opposition MPs also said Mr Kinisu disclosed his interest in Esaki Limited in the meeting of the commission held to deliberate on the letter from Bunge la Mwananchi.
The MPs argued that the officials of Bunge la Mwananchi had sworn affidavits disowning the complaints it raised on Mr Kinisu and that there was evidence of attempts of extortion and blackmail on the chairperson to leave office.
“The petition does not meet the threshold of ‘serious’ violation of the Constitution or other law and or ‘gross’ misconduct on the part of the chairperson of the commission under Article 251 of the Constitution,” the eight MPs said in opposing the majority views of the committee.
Pressure mounted on the anti-graft boss to resign after reports emerged that Esaki Ltd was paid Sh35.4 million to supply borehole materials to the National Youth Service (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 Mr Kinisu maintains that the cash did not come from NYS.
The EACC commissioners together with chief executive Halakhe Waqo and his deputy Michael Mubea demanded the resignation or suspension of Mr Kinisu through the invocation of section 42(7) of the Leadership and Integrity Act.
They 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.
Should MPs pass the report Mr Kenyatta will suspend Mr Kinisu and form a tribunal consisting of a person who holds or has held office as a judge of a superior court, who shall be the chairperson, at least two persons who are qualified to be appointed as High Court judges and one other member who is qualified to assess the facts in respect of the particular ground for removal.
“The tribunal shall investigate the matter expeditiously, report on the facts and make a binding recommendation to the President, who shall act in accordance with the recommendation within 30 days,” Article 251(5) says.
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