What do u mean "he has EMS from the hashi battle"?
he already have ems. He took his bro's eye.
Why send the kyuubi after the uchiha when he no longer has it? Or even if he did, why send the one bijuu the uchiha are known for controlling after them? IMO, unleashing the kyuubi was a way for the uchiha to become suspects in the attack which would be tobis goal when planning to get revenge on the uchiha as he said.
Kyuubi can only be control by mangekyou sharingan.
so sending to a clan with MS is the same to send them to normal people. they cant control it and they will be wipe out.
So there is no point madara disguise as himself as shisui