Court lifts orders blocking prosecution of Governor Mutua

Machakos Governor Alfred Mutua is now likely to be prosecuted after the High Court vacated orders blocking his arrest over procurement of motor vehicles for the county government.

High Court judge Justice Isaac Lenaola said that Mutua has not made a strong case to warrant issuance of orders stopping his possible arrest.

“It is clear to the court that the petitioner has not made a strong case to be granted the said orders and therefore is application is hereby dismissed,” Justice Lenaola said in his judgment.

The judge said Mutua should defend himself before the trial court where he will be granted an opportunity to challenge the allegations made against him.

This means the prosecution and EACC are now free to open charges against Mutua anytime since investigations are over.

The Governor had moved to in 2015 seeking to restrain the Ethics and Anti-Corruption Commission (EACC) and the Director of Public Prosecutions (DPP) from apprehending and/or considering to prefer any criminal charges against him based on the procurement process of motor vehicles.

The High Court had granted Governor Mutua temporary order restraining the EACC and the DPP from arresting and charging him over the alleged irregular procurement.

Governor Mutua, and six others, are accused of flouting the Public Procurement and Disposal Act during the purchasing second-hand Subaru Outback vehicles, for use by his County executive Committee Members without following the set procurement regulations.

The petition will be heard on April 14.