Machakos Governor Alfred Mutua will to face charges over an alleged fraudulent purchase of 16 motor vehicles.
Justice Isaac Lenaola of the High Court dismissed the governor’s appeal to stop his prosecution on Friday on the grounds that it lacked merit.
The petition filed by Dr Mutua seeked to stop the director of public prosecution, the ethics and anti-corruption commission, and the police from arresting and prosecuting him.
The Director of Public Prosecution however insisted that he does not require approval from a court to level charges against the governor.
Justice Edward Muriithi, sitting in for Justice Isaac Lenaola, said Governor Mutua failed to prove that his rights were violated or infringed.
Mutua claimed he had not been given adequate information regarding investigations into the fraudulent procurement process of the vehicles. The judge said those claims were false because evidence shows that he was involved in the whole process.
”Prior to his statements under caution, he undertook an interview with the EACC and recorded a statement and upon the conclusion of the investigations he recorded the statement under caution” the judge ruled
”With those facts I am satisfied that he was informed of the nature and scope of the investigation and his rights to access information was not violated.”
The judge believed the former government spokesperson and public communications secretary interacted with the issues and processes concerning the investigations and was updated on the progress at all times.
Dr Mutua’s argument was that the county executive committee formulated the policy for the purchase of the vehicles in 2013.
He did not in any way participate in procurement or influence the Tender Committee. He argued that the buying of the pre-used county vehicles was approved by the Transition Authority and the county finance department.
Justice Muriithi further added that the high court was not the right place for Mutua to make his argument. He then asked Mutua to face the trial court and defend himself against the accusations by the EACC.
The Machakos Governor will now face charges of abuse of office over the procurement of the motor vehicles.