Machakos Governor Dr Alfred Mutua who is expected to face charge’s over alleged illegal procurement.
BY SAM ALFAN.
The High Court has given a green for Machakos Governor Dr Alfred Mutua to be charged over alleged illegal procurement.
The court has dismissed a suit where Governor Mutua sought to block his prosecution over the purchase of motor vehicles.
His right to information, the court said 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.
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,” the judge said.
Governor Mutua had told the court that the decision to procure motor vehicles was approved by the County Assembly on 30th July 2013 and therefore the decision to prosecute him is unreasonable and not proportional adding that it amounts to an abuse of the court process.
He argued that he should not be questioned on matters of implementation of policies as that is the duty of the county’s accounting officer.
EACC however dismissed claims by the governor 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.