EACC deputy CEO says to object suit ‘defending’ chair in graft case

Michael Mubea, the deputy Chief Executive Officer of the Ethics and Anti-Corruption Commission (EACC), together with four other anti-graft commissioners have indicated that they will object to activist Okiya Omtata’s claims which they say appear to defend their embattled Chairman, Philip Kinisu, over allegation that his family company benefited from the Ksh 791 million loot at the National Youth Service (NYS).

Mubea has been sued by Omtata on allegations that he also received 50.4 million shillings to protect some of the accused persons in the NYS scandal.

The EACC deputy secretary, through his lawyer, has cited malice and inconsistencies in Omtata’s petition saying that the accused persons linked to NYS scandal have since been presented before court, hence questioning allegations that he received money to protect them.

In response to Omtata’s claims, Mubea presented before court sales agreement and receipts of payments of the alleged cash that Omtata say was paid to him indirectly by Ogola and Company Advocates to the firm of Michael Daud and Associates.

He has also asked Omtata to come out clear and bring forth evidence that indeed the alleged cash was bribery.

The Michael Daud and Associates Firm has since condemned the allegations that the company received bribery on behalf of Mubea and has clarified through an affidavit sworn by a Ms Amina Saadia Ali, on behalf of the company, that indeed they received the said cash, on a buyer seller agreement.

The law firm says that Mubea resigned from the firm in 2013 when he was taking a new post at the EACC.

Amina further clarifies through her affidavit that the purchase or sale transaction was in respect of a property located at Roselyn Estate Nairobi at the material time owned and registered in the name of Crown Rock Shield Kenya Limited.

She reiterate that in early 2015, Crown Rock Shield, the vendor, negotiated directly with a Ms Charity Wangui Gethi, mother to businessman Ben Gethi, the purchaser to have the said property for Ksh 60 million, which after negotiations landed to 50.4 million shillings.

The vendor, Crown Rock Shield Kenya Limited, instructed the firm Michael Daud and Associates Advocates to make the payments while the purchaser instructed the firm of Ogola and Company Advocates for presentation, hence how the payments were made.

The High Court, before Justice Edward Mureithi, has directed that the parties in the case supply each other with the court papers pending hearing of the matter on September 8th, 2016.