Now Senate turns to police in attempt to tame Mutua

Residents of Machakos County stand to miss essential services should a Senate committee direct the National Treasury to withhold funds over failure by Governor Alfred Mutua (pictured) to appear before the watchdog team.

The threat came even as the Senate County Public Accounts and Investment Committee (CPAIC) extended the arrest warrant against Dr Mutua, with the Inspector General of Police Hilary Mutyambai tasked to produce him before the committee to answer to audit queries raised.

And should the IG fail to produce Mutua after a two-week extension period, the committee, through a resolution, has prepared a Motion condemning the duo as not fit to hold public office.

New strategy

The new strategy being adopted by the committee led by Homa Bay Senator Moses Kajwang’ is set to pile pressure on Mutua, who has set his eyes on the presidency in the 2022 polls.

However, in a letter dated September 26, and addressed to the Senate, Mutua, through county law office, has asked the committee to withdraw the summons.

"We have never been and are not against appearing before the Senate committee(s). We only request for sober environment and date convenient for all the parties," the letter read.

The letter explains that the governor never snubbed the September 18 meeting, citing a correspondence dated September 12 "advancing legitimate reasons why he was unable to attend and requesting for adjournment to another date."

"The fact that the governor was meeting development partners who only had that day to meet with the county is also not in contention, neither is the importance of the meeting to service delivery to wananchi who hold the sovereign power under our Constitution," the letter reads further.

In the 2018/19 financial year, Machakos County Government was allocated Sh7.7 billion as shareable revenue for its recurrent and development expenditures.

If the Senate resolve that Machakos should not get funds from the Treasury, the residents will suffer. "We know that if we go that route, it's the residents of Machakos that will suffer more and not the governor. That is why we will resolve to find him unfit to hold public office as well," said Mr Kajwang'.

Mr Mutyambai had last week been ordered to arrest the Machakos Governor and produce him before the Senate committee. He did not.

“The IG was required to comply with the arrest order issued by this committee, but he has not effected the order. Impunity breeds when small fractions are not checked. Parliament cannot be seen to work in vain,” said Kajwang’.

Produce Mutua

“If the IG will be unable to produce Governor Mutua, then we shall, as a committee, seek the House to make a resolution to direct the Director of Public Prosecutions to institute criminal charges against the two.”

Kajwang’ clarified that the Senate committee invoked the Parliamentary Powers and Privileges Act, Section 19 (3), which states that Parliament or its committee may order the arrest of a person who fails to honour summons.

However, Mutua, in his response to the summons that led to the arrest order, had stated that it would have been the last resort after pursuing all the other avenues.

“We respectfully hold that the power to issue summons must be exercised judiciously and not in a whimsical manner. Summons should only be issued as a last resort,” he wrote.