NYERI: Three top county officials facing corruption-related charges have petitioned the High Court to issue orders prohibiting the chief magistrate’s court from handling the suit against them.
The petitioners urged the high court to halt any disciplinary action against them, which may arise from recommendations by the Ethics and Anti-Corruption Commission (EACC) until the petition is heard and determined.
EACC had written to Governor Nderitu Gachagua seeking suspension of John Maina (Infrastructure), Martin Wamwea (Finance) and the Chief of Staff in the governor’s office Simon Wachira.
The petitioners also questioned the manner in which EACC conducted investigations into the alleged corrupt allegations and approval of recommendations by the prosecution.
However, EACC has opposed the application on the grounds that the constitutional petition and notice of motion filed by the petitioners are incompetent, since the applicants failed to show how their constitutional rights have been infringed upon.
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EACC’s lawyer Faith Ng’ethe further added that the authority is legally mandated to carry out its statutory mandate and make the necessary recommendations to the county government.
SHORT REPRIEVE
The court found that the petition raises fundamental questions and it is important for them to be determined before action is taken to suspend the three county executives.
Lady Justice Njoki Mwangi directed Were and Oonge advocates, the petitioners’ counsel, to serve all parties with the petition and a notice of motion, which was scheduled for yesterday.
Mr Maina is alleged to have irregularly awarded a contract for consultancy of audit services through direct procurement without the approval of the County Tender Committee.
His counterpart, Wamwea, was charged with abuse of office for allegedly authorising processing of Sh3,756,962.37 as payment to Pleng Kenya Ltd without the necessary supporting documents.
Mr Wachira was also charged with two counts of failing to comply with procurement laws and improper use of public office.
