Governor Mutua to face charges over purchase of 16 vehicles

Machakos Governor Alfred Mutua on Friday lost his bid to stop his prosecution over alleged fraudulent purchase of 16 motor vehicles for the county government.

The High court dismissed a petition Mutua had filed seeking to stop the director of public prosecution, the ethics and anti-corruption commission and the police from arresting charging and prosecuting him, saying his arguments lacks merits.

Justice Edward Muriithi, who read the judgment on behalf of Justice Isaac Lenaola, said Mutua failed to prove that his rights were violated or infringed.

The judge said claims by Mutua that he had not been given adequate information regarding investigations into the alleged fraudulent procurement of the motor vehicles was not true as evidence shows that he was involved in all the processes.

"Prior to his statements under caution, he undertook an interview with the EACC and recorded a statement and upon the conclusion of the investigations he recorded the statement under caution" ruled the judge.

He was of the view that the Machakos Governor interacted with the issues and processes concerning investigations by the EACC detectives and was at all time updated on the progress.

"With those facts I am satisfied that he was informed of the nature and scope of the investigation and his rights to access information was not violated" the judge added.

The governor while opposing his prosecution had argued that the county executive committee formulated a policy for the purchase of the vehicles in 2013 and that he had nothing to do with it since he is not the accounting officer.

He had told court that as head of county government, he was only involved in policy formulation along with the Executive members.

He defended himself saying that he did not in any way participate in procurement or influence the Tender Committee and that the buying of the pre-used county vehicles was approved by the Transition Authority and the county finance department.

The DPP was opposed to the suit and had told the court that he does not require the approval of anyone or authority to institute criminal charges against the Governor.

In the judgment justice Muriithi stated that the high court was not the right forum for Mutua to make his argument at this time and that he should face the trial court and defend himself against the accusations by the EACC.

The judge also observed that Mutua and his cabinet are the ones who prepared the procurements documents which later formed the backbone EACC investigations.

The Machakos Governor is now to face charges of abuse of office over the procurement of motor vehicle for the County's Executive Committee members after the DPP had already authorized his prosecution.

The DPP and the EACC wants Mutua charged over the procurement of county vehicles among them ambulances and county executives' cars. The anti-graft agency received a complaint from Machakos Senator Johnstone Muthama.

He had earlier obtained temporary orders stopping his prosecution but now there are no orders in force.