• The letter comes barely a week after Mutunga was vetted and the county assembly accepted his name for the position.
• EACC states that Mutunga has been charged in the Milimani Anti- Court with corruption offences and the matter is pending before the court.
Image: EZEKIEL AMINGA
Nairobi Governor Ann Kananu has suffered a blow after the Ethics and Anti- Corruption Commission rejected the nomination of Paul Mutunga as Deputy Governor.
The letter comes barely a week after Mutunga was vetted and the county assembly accepted his name for the position.
EACC Chief Executive Officer Twalib Mbarak noted that the assembly was considering Mutunga's nomination without any reference to the commission regarding his integrity suitability pursuant to Chapter six of the Constitution.
In a letter addressed to the County Assembly Speaker Benson Mutura, EACC states that Mutunga has been charged in the Milimani Anti- Court, file number ACC8/2019 with corruption offences and the matter is pending before the court.
"It has come to our attention of the Commission that the County Assembly is considering the nomination of Paul Mutunga Mutungi to the position of Deputy Governor. The commission wishes to bring to your attention that the nominee was charged in Milimani Anti- Court, file number ACC8/2019 with corruption offences committed in Nairobi County Government,” reads the letter dated November 29, 2021.
Mbarak also highlighted that Mutunga was facing other charges including Unlawful acquisition of public property contrary to Section 45 (1)(a) as read under section 48 of the Anti-Corruption and Economic Crimes Act no.3 of 2003.
Also Money Laundering contrary to Section 3 as read with Section 16(1)(a) of the proceeds of crime and Anti-Money Laundering Act, 2009 and Conspiracy to commit an offence of corruption contrary to Section 47A(3) as read with section 48 of the Anti-Corruption and Economic Crimes Act No.3 of 2003.
Mutunga is also said to face charges dealing with suspect property contrary to Section 47 (2) (a) as read with sections 47 (1) and 48 (1) of the Anti-Corruption and Economic Crimes Act No.3 of 2003
In addition, EACC has recommended both Governor Kananu and County Assembly to reconsider Mutunga's nomination.
“In the view of the above, the commission objects to the nomination of Mr Mutunga as the Deputy Governor and advises the Assembly and the Governor to reconsider the nomination,” reads the letter.
The letter was copied to Governor Kananu and County Assembly Acting Clerk Adah Onyango.
Last Friday, the High Court issued temporary orders preventing Mutunga from taking the oath of office.
This is after human rights activist Okiya Omtata filed an application challenging the eligibility of Mutunga to hold the office of the Deputy Governor.
The orders were given by Judge Hedwig Og’undi.
Mutunga's name was passed by 89 MCAs after a vetting exercise led by a 10-member select committee on appointments, which is chaired by the speaker.
Earlier, the graft queries came up during the vetting.
Mutunga however told the committee that he has never been charged in court, nor has he ever received any bribe, but said there was an active alleged graft case in court.
“On the issue of alleged corruption, the matter is in court and allow me not to mention anything that will interfere with the process but I have never been charged,” he added.
Edited by D Tarus