NAIROBI, Kenya, Dec 3- The Ethics and Anti-Corruption Commission (EACC) has rejected the nomination of Mutunga Mutungi as Nairobi Deputy Governor.
He had been nominated by Governor Ann Kananu.
EACC Chief Executive Officer Twalib Mbarak in a letter to Nairobi City County Assembly Speaker Bernard Mutura said that Mutunga is unsuitable to hold public office as he is charged in court over corruption offenses.
The city-county assembly had already rushed to vet and approve Mutungi for the job without the requisite public participation.
However, the EACC bombshell could be a pointer that the governor and the county assembly may not have sought the opinion of the anti-graft body on the suitability of the former Mbotela councilor for the job.
If the governor and the county assembly ever did, then it is highly likely that they ignored the advice.
“The Commission wishes to bring to your attention that the nominee was charged in Milimani Anti-Corruption Court with corruption offenses committed in Nairobi County government,” Mbarak said in the letter dated November 29, 2021.
“In view of the above, the commission objects to the nomination of Mutungi as the deputy governor and advises the assembly and the governor to reconsider the nomination,” reads the letter.
Mbarak’s letter is copied to Governor Kananu and the county assembly acting Clerk Adah Onyango.
Mutungi, who is the current chief of staff at city hall, was nominated last month by Kananu after being finally sworn into office to replace former Nairobi County Governor Mike Mbuvi.
Mbuvi was impeached by the county assembly last year after he was charged in court over a litany of corruption allegations at city hall.
As this unfolds, Shahidi News has independently established that Mutungi, a former city councilor, is among 14 individuals including former city Governor Dr Evans Kidero charged in court in a matter investigated by the EACC on corruption allegations at the city county government.
The Director of Public Prosecutions (DPP) Noordin Haji approved the charges against the 14 suspects accused of using their influential positions at the city county to swindle the public coffers.
Mutungi 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.
It has also emerged that Mutungi’s nomination and endorsement by the county assembly was also done without the requisite approval of the Independent Electoral and Boundaries Commission (IEBC).
Shahidi News has established that IEBC had declined the request by the Jubilee Party that Mutungi be cleared for the position of deputy governor on account that its only Kananu mandated by the law to submit such a request.
“We acknowledge receipt of your letter dated November 18, 2021, requesting us to clear Paul Mutunga Mutungi for the position of deputy governor Nairobi City County,” reads the November 22, 2021, letter by IEBC acting CEO Marjan Hussein.
His letter was in response to Jubilee Party Secretary General Raphael Tuju.
“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,” reads the letter.
The commission’s acting CEO did not stop at that.
“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,” says Hussein.
The IEBC did not receive Kananu’s letter nominating Mutungi as her deputy.
Chapter Six of the constitution provides that individuals aspiring for deputy governor positions and other state officers in elective seats, can only be appointed into a public office if they have been cleared by the EACC and IEBC among other state agencies.
According to Nyukuri Barasa, a Governance and electoral expert, the EACC and IEBC letters are clear indications that the two government agencies mandated with the implementation of the leadership and integrity of chapter six did not clear Mutungi.
This was so as to pave the way for the MCAs to vet him.
“How the county assembly went ahead to vet and approve the nomination of Mutungi as the deputy governor Nairobi City County without the requisite approval by the IEBC and EACC, baffles me,” said Nyukuri.
The MCAs also had Mutungi cleared 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 Kananu nominated him for appointment as her deputy.
The petition by John Wangai and Maurice Masinga received by EACC on November 25, 2021, interestingly borrows heavily from the EACC investigations and the case in court against Mutungi.
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 the various ongoing anti-corruption cases against the nominee in court including various land scandals in the city some of which touch on the Kayole evictions and World Bank housing projects in the city’s Makongeni estate.
Last week Friday, High Court Judge Hedwig Ong’udi issued conservatory orders prohibiting Mutungi from taking an oath of office as deputy governor pending the hearing and determination of the case filed by activist Omtatah.
Omtatah argued that the nomination, vetting and approval of Mutungi is a nullity in law since the process was done without first being cleared by the IEBC.
Secondly, he claimed that a person facing active criminal charges in the High Court is ineligible for an appointment as deputy governor.
He also accused the county assembly of rushing the vetting process without public participation as required by law.
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