Governor Mutua Plays Down Arrest Warrant Over Sh5.6m Debt

Machakos Governor Alfred Mutua has played down a warrant of arrest that was issued against him by the Environment and Lands Court.

Machakos Principle Magistrate C.N Ondieki had ordered the OCS Machakos Police Station to arrest Mutua and present him in court for failing to pay a sum of Sh5,590,443.15 to businessman David Gitau Thairu.

“These are to command you to arrest the said Governor, County Government of Machakos and unless they shall pay to you the sum of Kshs 5,590,443.15/= as noted in the margin, together with executing officer’s expenses and fees if any to bring the Governor, County Government of Machakos before the Court with all convenient speed,” Judge Ondieki directed.

The arrest warrant came after Mutua failed to honour an earlier court directive issued on July 30, 2020.

Apart from paying the Sh5.6 million, Machakos High Court Judge Oscar Angote had directed governor Mutua to remove waste dumped into a parcel of land belonging to David Gitau.

The businessman then returned to the court claiming that governor Mutua had failed to honor the court orders.

In response, governor Mutua explained that the arrest warrant wasn’t directed to him but to his office.

“I have been notified of a warrant issued by the Machakos Environment and Lands Court for me to appear before it. I wish to clarify that the warrant is not directed to me as a person BUT to my office as the Governor of Machakos. This is normal in government.

“Further, the county lawyers who have been dealing with this matter are moving to court under certificate of urgency to set the orders aside,” Mutua said in a statement on Wednesday.

He added: “This is especially so because the county is willing to pay once funds are available and further that as Governor I’m not liable for the mistakes of commission or omission of officers in the county government. I’m a believer in the rule of law whose core tenet is obedience of court orders.”

source https://nairobiwire.com/2021/09/governor-mutua-plays-down-arrest-warrant-over-sh5-6m-debt.html