DPP Keriako Tobiko fights Mutua's bid to halt graft case

Director of Public Prosecutions (DPP) Keriako Tobiko wants the High Court to dismiss a suit filed by Machakos Governor Alfred Mutua seeking to stop his intended arrest and prosecution over alleged fraud.

The DPP, in response to the suit filed by Dr Mutua seeking to block the Ethics and Anti-Corruption Commission (EACC) from probing him over fraud allegations, argued that the case was incompetent.

The DPP said the Constitution does not require a suspect’s consent or authority to institute criminal charges against him or her, or to exercise the powers and functions bestowed on his (DPP’s) office.

IN PUBLIC INTEREST

Tobiko added that it was in the public’s interest that the complaints lodged against the governor are investigated, adding that if the orders sought by Mutua are granted, it would be a greater injustice in the criminal justice system.

The governor moved to court on Tuesday seeking to block the DPP from preferring criminal charges against him in relation to alleged fraud over the procurement of county motor vehicles.

He wanted the court to restrain the DPP and Inspector General of Police David Kimaiyo from apprehending or preferring criminal charges against him based on the procurement process involving the vehicles.

However, Tobiko said the Anti-Corruption and Economics Crimes Act and the Ethics and Anti-Corruption Act mandates the EACC to investigate any allegations and present its findings.

However, Justice Isaac Lenaola, who certified the case as urgent, declined to issue orders sought by the governor. 

The matter will be heard on July 14.