Court temporarily halts Alfred Mutua’s prosecution

Machakos Governor, Dr Alfred Mutua, Thursday, October 13 got a reprieve after the Court of Appeal temporarily halted his prosecution over the purchase of motor vehicles to be used by the County Executive Committee Members.

The orders were issued by Appellate Judges; G.B Kariuki, Festus Azangalala and Kantai ole Kantai.

Mutua moved to the Court of Appeal after the High Court dismissed his application seeking to block his prosecution over the purchase of the 16 Subaru Outback vehicles.

Justice Isaac Lenaola dismissed Mutua’s application saying that it lacked merit.

“The learned Judge erred in law and fact by failing to appreciate that the question as to whether a County Governor could be held responsible for procurement during transition is a matter falling within the jurisdiction of the High Court under Article 165 of the Constitution of Kenya 2010,” argued Mutua.

The governor wants the Court of Appeal to stop the execution and his prosecution over the vehicles.

The Ethics and Anti-Corruption Commission (EACC) and the Director of Public Prosecutions (DPP) alleged that Mutua flouted procurement laws when he bought the vehicles.

Mutua argues that he is neither an accounting officer nor head of a county public entity as provided by the laws on public finance.

Mutua argued that the decision by the DPP and EACC to charge and prosecute him based on the procurement of the motor vehicles is not in tandem with the Constitution of Kenya 2010 as it offends national values and principles envisaged under Article 10 including the Rule of Law.

He now wants the Court of Appeal to declare that he cannot be held liable in economic or anti-corruption courts for acts or omissions of county accounting officers in-charge of county entities  in exercise of functions under Articles 226 and 227 of the Constitution of Kenya 2010.