Governor Mutua to be prosecuted over ‘irregular’ procurement

Machakos Governor, Dr Alfred Mutua, has suffered a blow after the High Court dismissed his case that had sought to block his prosecution over the purchase of motor vehicles.

The court dismissed the governor’s case saying that his right to information was not violated as he was informed of the nature and scope of the investigation.

“The buck stops with the Governor in the management of County,” the court ruled.

In dismissing the petition, High Court Judge, Edward Muriithi, said that issues raised in the petition by the Governor can be determined by the trial court which would be properly seized of the facts and all the evidence against him.

“I do not see any merit in the petition. I shall dismiss the petition with an order that each party should bear its cost,” he added.

In the case, Mutua moved to the High Court saying that the decision to procure the motor vehicles was approved by the County Assembly on July 30, 2013 and, therefore, the decision to prosecute him is unreasonable and not proportional adding that it amounts to an abuse of the court process.

Mutua argued that he should not be questioned on matters of implementation of policies as that is the duty of the county’s accounting officer. He further told the court that no money had been lost in the procurement of the motor vehicles adding that the said motor vehicles had saved for public gain.

EACC, on its part, dismissed the arguments presented by the governor saying that the acquisition of the motor vehicles did not abide with any statutory procurement methods adding that Mutua, not only initiated the purchase of the vehicles, but the vehicles were sourced and the pricing settled by him before the matter was placed before the tender committee.

“Evidence gathered indicated that the petitioner violated the law and hence the charges intended to be preferred against him,” EACC argued.

The commission went ahead and told the court that the motor vehicles were not approved by Machakos County Assembly as alleged by the governor and that the assembly only debated and approved a motion to purchase reconditioned cars long after the vehicles had been acquired.