EACC commissioners have maintained their stand on an advisory letter to the Attorney General on conflict of interest claims against chairman Philip Kinisu.
The four commissioners spoke during a closed-door session of the National Assembly Justice and Legal Affairs committee on
Thursday, that Kinisu also attended.
Sophia Lepuchirit (vice chair), Dabar Maalim, Paul Mwaniki and Rose Macharia have written to Attorney General Githu Muigai for direction regarding the matter.
“As commissioners, we are not happy with the conflict of interest issues against the chairman,” a commissioner who did not want to be quoted because the matter is in court told the Star.
Kinisu's company, Esaki Limited, has been doing business with government agencies, some of which the commission is supposed to investigate.
When Bunge la Mwananchi broke the matter last month, the EACC chairman defended himself saying he had resigned from the company but that his wife was running it.
But it later emerged that Kinisu was still the majority shareholder in the company (three shares) alongside his wife and daughter who own a share each. This prompted the four commissioners to call for his resignation.
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But Kinisu is said to have told the committee that he had overlooked the requirement that he should have declared his interest during his vetting early this year.
The committee chaired by Ainabkoi MP Samuel Chepkong'a had summoned the commission on the non-disclosure of interest regarding Esaki and wanted the commissioners to stop fighting and work together.
The commissioners are also said to have blamed Chepkong'a for trying to convince them to drop their accusations against their chairman in the interest of working together.
They claimed the proceedings were conducted casually and that there was no hansard recording - a discretion that lies with the chairman. Standing orders are clear that the proceedings of the PAC and PIC must be recorded.
Chepkong'a had not responded to inquiries by press time.
“The chairman was the only one talking. Everything seemed calculated. Not even the commission CEO and his deputy were allowed to talk after introducing themselves,” one commissioner said.
According to the Public Officers Ethics Act, Kinisu, after declaring his interest, should have resigned from the company immediately he was appointed EACC chairman.
The law also states that a spouse or relative, business associate, corporation, partnership, or other body affiliated as business interests, should not do business with the government for the duration an individual is in office.