Mutura tells off EACC on Mutunga’s deputy governor nomination

Nairobi speaker Benson Mutura has called out the EACC in their bid to stop the appointment of chief of staff Paul Mutunga as the deputy governor.

Mutura on Monday questioned the whereabouts of the Ethics and Anti-Corruption Commission over the seven-day period designated for public participation.

He said the letter from anti-graft agency CEO Twalib Mbarak was overtaken by events as the county assembly did its part by vetting and approving the nominee.

"As guided by the law, the assembly advertised and conducted public participation. During this seven-day period, EACC never protested or bothered to write a letter.

"They decided to object after the assembly had dispensed the matter,” Mutura said.

On November 17, Nairobi Governor Ann Kananu nominated former Mbotela councillor Mutunga to deputise her.

Thereafter the nominee’s name was tabled in the assembly and committed to the Appointments Committee.

As guided by the law, the assembly’s acting clerk Adah Onyango, through a notice published on November 19 in the local dailies, communicated the vetting date and time.

The notice also invited members of the public to attend the vetting and anyone with information on the suitability of the deputy governor nominee was to submit written evidence within seven days.

During the vetting on November 25, only one petition was received. It was not from the EACC.

Mutunga’s name was considered after 89 MCAs voted to adopt the Appointment Committee's report after the vetting.

It was, however, noted that the assembly approved the nominee’s name without him presenting a clearance form from the EACC, which was among the required documents for vetting.

However, the speaker said it wouldn’t have changed anything as the assembly cannot verify whether the document was genuine.

“Even if the nominee was to bring the EACC clearance, how certain would we be that he brought a genuine document? We have no such capacity to verify such documents,” Mutura said.

Four days later, the EACC boss objected the nomination of Mutungi, advising the assembly and Governor Kananu to reconsider the nomination.

In the letter addressed to speaker Mutura, the EACC  said the nominee was facing integrity issues and therefore unfit to hold such office in accordance with Chapter Six of the Constitution.

It was revealed that Mutunga was charged in Milimani anti-corruption court with offences committed in the county government, with the matter still pending in court.

Mutura however, said the assembly did its part and will not consider another nominee as the process is done and cannot be reverted.

“How do we consider another person yet the assembly has already approved a name? We cannot be in that business of approving an individual then wait for another one when even the first process has not reached its tail end,” he said.

Justice Hedwig Ong’udi extended the orders barring  Mutungi from being sworn in as the deputy governor to January 26, 2022, pending direction on last month’s petition filed by human rights activist Okiya Omtatah.

The court also consolidated the petition filed by activist Omtatah with others filed by Joseph Ndung’u, George Bush and Peter Odhiambo.

The petitioners are seeking a permanent injunction restraining the swearing-in of the former councillor as the deputy governor. 

On November 26 — a day after Mutunga’s name was approved by the assembly — Omtatah filed an application challenging the eligibility of Mutunga to hold the office of the deputy governor.

He argued the nomination, vetting and approval of Mutunga is a nullity because it was done without him being cleared first by the Independent Electoral and Boundaries Commission.

He also argued that as a person facing active criminal charges in the Anti-Corruption and Economic Crimes Division of the High Court, Mutunga is ineligible for an appointment as the deputy governor. 

(Edited by Bilha Makokha)