Mutua to face trial over suspect purchase of 16 county vehicles
County chief accused of abuse of office over irregular purchase of vehicles for CEC and ambulance services. Fails to stop DPP, anti-graft agency and police from arresting him
The prosecution can now charge Machakos Governor Alfred Mutua with fraudulent purchase of 16 motor vehicles for county Executive Committee members.
Yesterday, the High Court dismissed a petition Mutua filed to challenge his prosecution, saying it lacked merit. The governor had obtained temporary orders stopping the DPP, the EACC and police from arresting, charging or prosecuting him.
Justice Edward Muriithi, who read the judgment on behalf of Justice Isaac Lenaola, said Mutua failed to prove his rights were violated or will be infringed by the intended prosecution.
The judge rejected Mutua’s arguments that he had not been given adequate information about investigations into the purchase. Muriithi said Mutua was duly informed and took part in the probe.
He said the governor interacted with the issues and processes concerning investigations by the Ethics and Anti-Corruption Commission and was, at all times, updated on the progress.
“Prior to his statements under caution, he undertook an interview with the EACC and recorded a statement. Upon the conclusion of the investigations, he recorded the statement under caution,” the judge said. Muriithi said he is satisfied Mutua knew the “nature and scope of the investigations and his rights to access information were not violated”.
The governor sought to stop his prosecution, saying it was the CEC that formulated the policy for buying the vehicles in 2013. He said he had nothing to do with it because he is not the accounting officer. Mutua said the Transition Authority approved the purchase and the Finance department is responsible for accounting and financial matters.
A Subaru Outback for official use by Machakos county executive committee members