Court gives EACC commissioners gag order in Kinisu case

High Court Judge Edward Mureithi has directed the Ethics and Anti Corruption Commissioners (EACC) Halakhe Waqo, Michael Mubea and other commissioners not to issue statements regarding the ongoing investigation of the EACC chairperson Phillip Kinisu.

This is after activist Okiya Omtata moved to court under a certificate of urgency seeking to compel Deputy CEO Michael Mubea to make full disclosure regarding Sh50.4 million which was allegedly paid on the 14 of April 2015 through the firm of Michael Daud, MS Ogola and Company Advocates.

“I suspect that the said money is part of Sh791 million that was stolen from National Youth Service and which EACC was investigating with the Deputy CEO Michael Mubea,” argued Omtata.

He further added that following the clandestine and unexplained release of confidential documents plucked from the personal file of EACC chairperson Phillip Kinisu by Kiptoo John and Joseph Njuguna masquerading as Bunge la Mwanchi, there have been calls for the removal of Kinisu from office.

He further claimed that the pattern has been used for years to harass and hound the EACC chairman and its commissioners out of office whenever they stand up to corruption cartels in and outside the government.

Omtata further argued that Kinisu is being put to task over his family association with Esaki Limited.

“It is important for the court to intervene and make orders which will clear the air and put an end to any doubt as to what the law is regarding the doctrine of conflict of interest,” said Omtata.

The Attorney General (AG) and EACC have been named as respondents in the case.

Director of Criminal Investigations, Phillip Kinisu , Halekhe Waqu , Michael Mubea and others have been named as interested parties.

Kinisu was on Monday summoned to the Directorate of Criminal Investigation, Kiambu Road for grilling and statement recording on how his family’s company, Esaki Limited, won government tenders worth millions of shillings.

His fellow commissioners have asked Kinisu to step aside over a probe on his family’s company.

The matter will be heard on August 9th 2016.