Court temporarily blocks arrest, prosecution of Governor Mutua

Court temporarily blocks arrest, prosecution of Governor Mutua

The High Court has granted Machakos Governor Dr. Alfred Mutua temporary order restraining the Ethics and Anti-Corruption Commission (EACC) and the Director of Public Prosecutions (DPP) Keriako Tobiko from arresting and charging him over alleged irregular procurement of motor vehicles.

Governor Mutua is accused of flouting the Public Procurement and Disposal Act during the purchasing of motor vehicles, Subaru Outback make, for use by his County executive Committee Members.

Mutua had moved to court last week to block his possible arrest and prosecution.

Justice Isaac Lenaola set February 5th, 2016 as the date when the court will determine on whether to grant Dr. Mutua the conservatory orders to stop the DPP and EACC from charging him.

In a replying affidavit, the DPP argued that Dr. Mutua has enjoyed conservatory orders for almost an year and that the court should not extend it.

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

Late December, Mutua argued 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.

He added that public officers who participated in the tendering and purchase of the motor vehicles have already been charged in court with various offences.

The Governor and six others are accused of fraudulent purchase of second-hand Subaru vehicles without following the set procurement regulations.

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