Alfred Mutua seeks to block summons over purchase of county vehicles

Machakos Governor Alfred Mutua is seeking orders to stop the anti-graft commission from summoning him to answer queries in relation to the purchase of motor vehicles by the county.

The Ethics and Anti-Corruption Commission had, through a letter dated June 17, invited Dr Mutua and his deputy to appear before the team to be interviewed and record statements on June 26.

The governor, through lawyer Wilfred Nyamu, told Mr Justice Isaac Lenaola that they wrote back stating their position on matters of procurement of the motor vehicles and also seeking to be informed in advance in what context they were required to appear before the EACC.

The commission in another letter dated July 1 insisted on the appearance of Dr Mutua and his deputy.

“Despite clear provisions of statute and the Constitution delinking the governor and his deputy from matters of procurement of goods and purchase of motor vehicles, the EACC insisted on dragging him (Mutua) into the allegations of corruption relating to the same,” said Mr Nyamu.

FORMULATED POLICY

In April 2013, Dr Mutua and his County Executive Committee formulated a policy for the purchase of motor vehicles to enable them effectively discharge their mandate.

The governor said that as the head of government, he was only engaged in policy formulation along with the Executive members and as such, he did not in any way participate in procurement or influence the Tender Committee.

However on November 7, 2013 and at the insistence of Machakos Senator Johnstone Muthama, the EACC initiated an inquiry into the procurement of the said motor vehicles.

Dr Mutua claimed that Mr Muthama had earlier vowed to ensure that he was removed from office alleging it was part of the senator’s goal to frustrate his development agenda as witnessed by numerous court cases the he has filed against him and the County Government of Machakos.

“Dr Mutua nevertheless directed that the officers concerned do assist EACC in the investigations as he was not directly involved and by law he could not have been versed with details as he was not involved in procurement,” said the lawyer.

Mr Nyamu stated that the rights to dignity of Dr Mutua and his deputy could be infringed as they were likely to be compelled to unjustifiably write statements in relation to alleged violation of procurement laws, or get arrested and be charged with a criminal offence.

Dr Mutua has sued the anti-graft commission, Director of Public Prosecutions, the Inspector General of Police and the Attorney-General.

Justice Lenaola certified the application as urgent and directed that the matter be heard today at the Nairobi law courts.