Governor Mutua now risks prosecution over county vehicles

Machakos County Governor Alfred Mutua risks prosecution after the court vacated orders blocking his arrest over procurement irregularities.

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

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

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 Director of Public Prosecutions (DPP) and the Ethics and Anti-Corruption Commission (EACC) can open charges against the governor.

Mutua had moved to court seeking to restrain EACC and the DPP from apprehending and/or considering to prefer any criminal charges against him over irregularities during the procurement of motor vehicles for senior county officials.

Last year, the High Court had granted Mutua temporary orders restraining the Commission 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 purchase of second-hand Subaru Outback vehicles to be used by County executive committee members.

The petition will be heard on April 14.

So what transpired in this case?

On December 18 last year, Justice Lenaola threw out Mutua’s application that sought to have the temporary orders stopping the probe from going on. In court, EACC argued that Mutua’s file was complete and it was ready to have him prosecuted. Lenaola vacated the orders barring his arrest, prosecution or being investigated.

Justice Lenaola said: “He enjoyed the conservatory orders and I fail to see how his right to a fair trial has been compromised in the circumstances. He has, however, failed to state how his right to a fair hearing may be violated.”

Mutua had sued the DPP, EACC, the Inspector General of Police and the Attorney General to get orders to stop his prosecution.

Replying to the affidavit, DPP argued that Dr Mutua has enjoyed temporary orders for nearly a year and that the court should not extend it.

The DPP further argued that the Governor had not demonstrated how his rights will be violated in the event that he is prosecuted.

But in his response, Mutua insisted that his right to hold office is likely to be infringed without justification should he be arrested and charged with the alleged abuse of office.

At the same time, he pointed out that the public officers who participated in the tendering and purchase of the motor vehicles have already been charged in court with various offences.