NAIROBI, Kenya, Dec 2- Nairobi Governor Anne Kananu nominated Paul Mutungi as her deputy, despite him having an active corruption case in court.
Shahidi News has established that she did not even seek the approval of the Ethics and Anti-Corruption Commission (EACC) and that of the Independent Electoral and Boundaries Commission (IEBC).
According to Chapter 6 of the Constitution, a person seeking the position of a deputy governor and other elective seats can only be appointed into a public office after the approval of EACC and IEBC, among other state agencies.
Mutungi has been serving as the Chief of Staff at City Hall.
While his nomination had been approved by the Nairobi City County Assembly, he is not formally appointed for him to be sworn into office.
This is after activist Okiya Omotata moved to court and managed to get orders blocking his appointment.
Shahidi News has established that Mutunga is a close friend of the Nairobi County Assembly speaker, which may have contributed to the expeditious approval, in outright disregard of the integrity issues hanging in his neck.
Mutungi, who once served as a councilor, is among 14 individuals including former city Governor Dr. Evans Kidero charged in court in a case where the EACC is the complainant over corruption allegations at the city-county government.
Director of Public Prosecutions (DPP) Noordin Haji approved the charges against the 14 suspects accused of using their influential positions to swindle the city-county coffers.
As early as May 11, 2021, the accused persons including Mutungi were directed by the EACC to enter an appearance in the suit, which means file their responses.
The nominee for the position of Deputy Governor of Nairobi is specifically accused of money laundering, unlawful acquisition of public property and dealing with suspect property that included embezzling Sh68 million from the county government coffers for services not delivered.
IEBC had declined a request by the ruling Jubilee Party to have Mutungi cleared for the position of a deputy governor on account that only Kananu can submit such a request.
“We acknowledge receipt of your letter dated November 18, 2021, requesting us to clear Mr Paul Mutunga Mutungi for the position of deputy governor Nairobi City County,” reads the November 22, 2021, letter by IEBC acting CEO Marjan Hussein in response to Jubilee Party Secretary General Raphael Tuju.
The IEBC acting CEO added that “This is to inform you that in order for the commission to clear the said deputy governor, the appointment of the deputy governor should be made and submitted to the commission by the governor of Nairobi.”
“We hereby advise that the said letter be submitted to the commission as soon as possible to facilitate the start of the clearance process i.e. appointment and gazettement of County Returning Officer and subsequent clearance.”
Governance experts say the IEBC letter is a clear indication that the commission did not clear Mutungi, for him to be vetted by the MCAs.
Interestingly, the MCAs cleared Mutungi for the job even before the EACC could conclude on a number of petitions filed against the nominee.
The petitions against Mutungi were filed after the Governor nominated him for appointment as her deputy.
One such petition is by John Wangai and Maurice Masinga. Their petition was received by EACC on November 25, 2021.
The petitioners cite an incident in 2018 where Mutungi was summoned by the EACC to record a statement in person over the corrupt dealings with the Nairobi City County and later arrested with Dr. Kidero and others.
In another petition received by the EACC on November 23, 2021, Peter Agoro and Obadiah Kipkemboi say that Mutungi is not suitable to serve in the position as nominated by Kananu.
The two cite among other things the various corruption cases against Mutungi.
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