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Governor Mutua to face abuse of office charges


A judge on Friday allowed the prosecution of Machakos Governor Dr Alfred Mutua for abuse of office in the irregular acquisition of his official vehicle and 15 others for the county.

Mr Justice Isaac Lenaola dismissed the petition by Dr Mutua seeking to prohibit his prosecution on allegations that his constitutional rights will be violated.

The judge said the allegations that he was not informed of the allegations against him by the Ethics and Anti-Corruption Commission (EACC) lacks merit in that “ he was involved in the investigations.”

Justice Lenaola threw out contentions that Dr Mutua will not get fair trial before the Machakos Chief Magistrates Court.

“The petitioner (Dr Mutua) literally jumped the gun because he has basically presented his defence of innocence in the trial court and not before the High Court, a mistake on his part,” Judge Lenaola ruled.

The judge rejected the case by Dr Mutua and “ordered him to plead innocence before the magistrates court where he will be given ample time to present his grievances.”

Dr Mutua had alleged that his rights to expression and information had been violated but the judge said there was full disclosure of information being looked for by EACC investigators. He even recorded statements.

Justice Lenaola dismissed Dr Mutua’s application to prohibit, the DPP from charging him in a Machakos Court over the irregular procurement and purchase of vehicles for the county in 2013.

OFFICIAL VEHICLE

Justice Lenaola also rejected the plea to bar the prosecution of the vocal governor who has quit the Wiper Democratic Movement to form Maendeleo Chap Chap party by the DPP saying, “the petition lacks merit.”

Dr Mutua had sought to prohibit the DPP from arresting him and preferring charges hinged on his involvement in the acquisition of his official vehicle and others for the county which he allegedly single sourced.

The governor had alleged that he was not responsible for the purchase of the vehicles since the cabinet of the county assembly had discussed and authorized the acquisition of the automobiles.

“The governor obtained endorsement of the purchase by his cabinet through misrepresentation and concealment of material facts and facilitated the purchase of the pre-used motor vehicles through single-sourcing and at higher price than the market prices,” the judge was told by state prosecutors Lilian Obuor and Spira Laura.

The prosecutors further told the judge that Dr Mutua presided over the distribution and allocation of the motor vehicles without ensuring that they had been inspected to ensure that the County of Machakos received value for its money.

The judge dismissed contention by Dr Mutua that he was not answerable for the purchase and expenditure of the monies received from the national government channeled to the county.

“Dr Mutua is answerable to the Senate for the portion of national resources allocated to the county and also responsible for financial prudence and therefore should be held culpable if he breaches the law in that regard,” the judge ruled.