Mutua suspends Machakos county attorney, cites gross misconduct and incompetence

Kathili said he had proudly practiced law for over 20 years and will continue practicing to ensure justice.

In Summary

• When reached by the Star for comments on his suspension, Kathili said he hadn’t received any official communication from the governor on the same.

• Kathili said he had only been reached by several people making enquiries on the purported letter from the governor doing rounds in all sorts of social media.

Machakos Governor Alfred Mutua attending the 7th Annual Devolution Conference in Makueni County recently.
Machakos Governor Alfred Mutua attending the 7th Annual Devolution Conference in Makueni County recently.
Image: Courtesy

Machakos Governor Alfred Mutua has suspended the county’s attorney. James Kathili, citing misconduct and incompetence.

Mutua, through a letter seen by the Star dated November 29 with reference number MCG/OOG/CONF.CA/02/21 ‘Suspension of Hon. James Musango Kathili to pave way for his removal from the Office of County Attorney, Machakos County’, stated that the suspension had been necessitated by serious violation of the Constitution and other laws, gross misconduct, incompetence, dereliction of duties as well as unprofessional and unethical conduct on his part.

“In order to pave way for a fair removal process and minimize possibility of interference with proceedings, I have with immediate effect suspended Hon. James Musango Kathili from office as County Attorney of the County Government of Machakos,” the letter read in part.

It continued, “This has been necessitated by serious violation of the Constitution and other laws, gross misconduct, incompetence, dereliction of duties as well as unprofessional and unethical conduct on his part. In accordance with Section 13 of the Office of County Attorney Act, 2020, I will be transmitting the specific reasons for this decision to the County Assembly for approval to enable removal from office.”

But when reached by the Star for comments on his suspension, Kathili said he hadn’t received any official communication from the governor on the same.

Kathili said he had only been reached by several people making enquiries on the purported letter from the governor doing rounds in all sorts of social media.

“I don’t know in the first place, I have only been told by people who have read about it in social media,” Kathili on Monday told the Star by phone.

He acknowledged seeing the purported letter himself on social media stating that its authenticity couldn’t be verified unless he receives an official communication on the same.

Kathili said he was hired by the Machakos Government in the position in 2020 when Section 13 of the Office of County Attorney Act, 2020 became effective.

“I would want first to have an official communication to decide on the next course of action. I have been a lawyer for over 20 years and I look forward towards practicing law for more years to come,” Kathili said.

He said he was simply a church person who likes participating in church activities.

The lawyer on Sunday attended a fundraiser at AIC Daystar in Machakos County.

The event was also attended by Wiper leader Kalonzo Musyoka, ODM presidential hopeful Jimmy Wanjigi, among other dignitaries, they were hosted by Transport CAS Wavinya Ndeti. 

Kithili said he had no clue whether the fact that he attended the function with Wiper leaders could have triggered his suspension.

He said he couldn’t speculate the reasons why the governor took that decision to remove him from the position.

“I am a proud lawyer and can give myself a pat on the back. I will continue serving as a lawyer with dignity and without fears to ensure justice,” Kithili said.