Mutua wants High Court to quash warrant of his arrest

Machakos Governor Alfred Mutua has asked the High Court to lift a warrant of arrest issued against him for failing to honour a Senate committee summons.  

Mutua was expected to appear before the Public Accounts and Investments Committee on September 30 to give written financial operations of the county for 2015 – 2018 but he snubbed the senators. 

He was served with summons on September 25 and he replied the following day indicating that he would be travelling to Sydney on a trip planned earlier.

The county chief says that he further pointed out his discomfort at having Machakos Senator Boniface Kabaka sit on the committee due to (Kabaka's) conflict of interest.

According to Mutua, the Senator acted as an attorney for the county and had disputed legal fees claims worth Sh366 million. 

The governor says that the Senate committee is abusing its powers by issuing a warrant of arrest against him without adequate notice when they know he was out of the country.

He also noted that the two working days he was given to comply with the summons was so short. 

Mutua said in his suit papers that he is neither an accounting officer in the county nor is he the head of county treasury but made efforts for someone to represent him before the committee.

"Despite the inconveniences and the logistical challenges, 1st petitioner (Dr Mutua) instructed the deputy governor Francis Maliti who is also head of county treasury to assemble other relevant technical officers and quickly prepare and represent me in the senate meeting," the suit papers read in part.

Mutua reads malice in the issuance of summons which he described as a drastic move. 

The Parliamentary Powers and Privileges Act grants the committee authority to order the arrest of any witness, who refuses to honour summons.

Mutua reiterated his willingness to appear before the committee in a sober environment and on a date convenient to all parties.