THE High Court yesterday allowed the anti-graft agency to prosecute Machakos Governor Alfred Mutua over corruption allegations.
Justice Isaac Lenaola said Mutua had not made a strong case as to why he should not be prosecuted over alleged illegal acquisition of 14 vehicles for the county.
“The case does not merit the grounds it is seeking in the petition and is dismissed,” the judge said.
The vehicles, second-hand Subaru Outback, bought at Xtreme Auto in Valley Arcade, Nairobi, were meant for the executive committee.
Mutua said his arrest over the vehicles is unlawful.
He said his right to hold office is likely to be infringed if he is questioned by the Ethics and Anti-Corruption Commission.
Through lawyer John Nyamu, he said there is no prejudice if the EACC is stopped from investigating him, as the acquisition was done during the exit of the local authorities and coming in of the county governments in 2013.
Mutua said the Transition Authority was in charge of implementation of policies formulated by his executive committee when he came to office.
He said he is neither an accounting officer nor the head of county public entity on public finance as provided by the law.
“I was only engaged in policy formulation along with the county executive committee members. As such, I did not participate in procurement or influence the tender committee,” Mutua said.
Lenaola faulted Mutua for failing to pursue the matter after he obtained orders on December 3, 2014, stopping the EACC from apprehending him or preferring any charges.
Mutua had agreed to record statements in relation to the illegal acquisition of the vehicles.