Speaker Justin Muturi has mandated a National Assembly committee to probe EACC boss Philip Kinisu over links to NYS cash theft.
This followed a petition by lawyer Albert Ondieki, who wants the anti-graft agency boss ousted for links to a company named in the Sh791 million NYS cash theft probe.
The Justice and Legal Affairs committee, chaired by Ainabkoi MP Samuel Chepkonga, was tasked on Tuesday with confirming the veracity of the evidence cited by the petitioner.
Kinisu was accused of receiving lucrative tenders amounting to millions of shillings from the National Youth Service.
The lawyer wants the EACC chairman investigated for failing to disclose this during his grilling for the position.
If the allegations against Kinisu are confirmed, the committee will recommend the formation of a tribunal by President Uhuru Kenyatta.
The petitioner further said Kinisu's continued stay in office will hamper investigations on cases touching on the NYS scam.
Ondieki wants Parliament to “recommend to the President to suspend the EACC chair pending the formation of the tribunal to investigate the said allegations and determinations thereof”.
The petitioner said the EACC was in limbo after commissioners issued a statement urging Kinisu to step aside to pave way for investigations.
The said company - Esaki Limited -
received
Ifmis payments as late as June 16. The company listed as number 154039 was dissolved on May 7, 2014, according to Kenya Gazette notice number 3337 published on May 16 that year.
Kinisu was was interrogated by DCI detectives over the graft but denied any involvement.
He stood his ground after being pressured to resign
saying his company won and lost tenders much like any other.
"My resignation today would set a terrible precedent. I cannot act on information I know to be false. Until I am shown what I know is not true to be true, I will not resign," he said.
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Esaki received Sh246,011,720 between March 2, 2015 and June 16, 2016 from the Devolution ministry.
The Ifmis report stated the company received Sh5,890,000 from the Devolution ministry on March 2, 2015 through payment number 10001464.
On September 21, 2015, th company received Sh150,123,120 from the ministry, payment number 10002296.
Esaki further received another Sh89,998,600 million, payment number 29831 dated June 16.
Through his lawyer Wanyonyi Chebukati, Kinisu confirmed that the company received Sh35.4 million from the NYS over the past three-and-a-half years.
Further revelations, which he has failed to confirm, show Esaki was licensed to deal with pest control products on March 23 last year, just a day before the Health ministry opened a tender for the supply of insecticides and was awarded the contract of Sh150 million.
In the petition, the lawyer states Kinisu did not satisfy the provisions of chapter six of the constitution.
"He ought not have been appointed if the allegations surfacing now were available to the appointing authority. They touch on his personal integrity, competence and suitability for the position," Ondieki said.
He maintained there was clear conflict of interest in Kinisu’s position as EACC chairman.