, NAIROBI, Kenya, Jan 12 – The High Court has barred the prosecution of Machakos Governor Alfred Mutua over the purchase of motor vehicles until a ruling due on February 5.
Justice Isaac Lenaola on Tuesday restrained the Director of Public Prosecutions (DPP) and the Ethics and Anti Corruption Commission (EACC) from taking any action until he determines an application by Mutua challenging the charges.
The DPP through lawyer Lilian Obuo has urged the court to dismiss Mutua’s application arguing that there is sufficient evidence to charge him over the illegal procurement.
Mutua argues that public officers who participated in the tendering and purchase of the motor vehicles have already been charged in court with various offences relating to the procurement.
He wants the DPP permanently barred from instituting any criminal charges against him and his deputy following the procurement of motor vehicles for his use and his executive committee.
The county government is alleged to have violated procurement laws in April 2013 when the executive committee members formulated a policy for the purchase of vehicles as a matter of urgency to enable them discharge their mandate.
However Mutua insists that that the Transition Authority approved the procurement and was in charge of implementing policies formulated by his Cabinet under the Authority of the Procurement and Finance in the County Government.