Reprieve for Mutua as court suspends warrant of arrest

Says that the Senate committee is abusing its powers by ordering he be apprehended without adequate notice.

In Summary

•  Mutua was served with summons on September 25.

• He replied the following day indicating that he would be travelling to Sydney on a trip planned earlier.

Machakos Governor Alfred Mutua
NOT AMUSED: Machakos Governor Alfred Mutua
Image: FILE

Machakos Governor Alfred Mutua on Friday got a repriev after the High Court suspended the arrest warant issued against him.

The warrant was issued after he was accused of failing to attend summonses by the Senate Public Accounts and Investment Committee on audit queries.

High Court judge JA Makau suspended the warrant, citing breach of Mutua's constitutional rights and issued orders to police not to arrest the governor.

He also issued orders restraining Inspector General Hillary Mutyambai from acting on the warrant of arrest issued by Senate PAIC, pending hearing and determination of the matter.

Last week, the Senate PAIC demanded Mutybai to arrest Mutua, claiming that he has been avoiding their summonses deliberately.

However, Mutua accused the Senate of engaging in politics, adding that the purported warrant of arrest issued against him was politically and maliciously driven.

Through his lawyers Wilfred Nyamu, Bernard Mung'ata and Mwengi Mutuse, Mutua moved to court seeking to quash his arrest.

Mutua’s lawyers claimed the issuing of the summonses by the Senate PAIC was 'absurd', adding that the governor didn't refuse to attend the summons, but only requested for adjournment since he was out of the country.

“The notice was too short for the petitioners to compile a written response on audit reports concerning three financial years under circumstances where there were only two working days,” the lawyers said.

The case will be mentioned on November 18.