The Ethics and Anti-Corruption Commission (EACC) has opposed the nomination of Paul Mutunga as Nairobi deputy governor.
In a letter dated November 29 and signed by Eacc CEO Twalib Mbarak, the commission claims the county assembly did not consult it regarding the candidate’s integrity suitability pursuant to Chapter six of the Constitution.
Mbarak, in the letter addressed to Speaker Benson Mutura, and Governor Anne Kananu, says Mutunga is facing charges at the Milimani Anti- Court, file number ACC8/2019.
He is being charged with corruption offences. The matter is pending before the court.
“It has come to our attention of the Commission that the County Assembly is considering the nomination of Paul Mutunga Mutungi to the position of Deputy Governor. The commission wishes to bring to your attention that the nominee was charged in Milimani Anti- Court, file number ACC8/2019 with corruption offences committed in Nairobi County Government,” reads the letter in part.
Mbarak also asserted that the DG nominee is facing other charges including unlawful acquisition of public property contrary to Section 45 (1)(a) as read under section 48 of the Anti-Corruption and Economic Crimes Act no.3 of 2003.
There are also money Laundering charges against Mutunga contrary to Section 3 as read with Section 16(1)(a) of the proceeds of crime and Anti-Money Laundering Act, 2009 and Conspiracy to commit an offence of corruption contrary to Section 47A(3) as read with section 48 of the Anti-Corruption and Economic Crimes Act No.3 of 2003.
He is also facing charges of dealing with suspect property contrary to Section 47 (2) (a) as read with sections 47 (1) and 48 (1) of the Anti-Corruption and Economic Crimes Act No.3 of 2003.
The EACC chief executive has recommended that the assembly and Kananu rescind the decision to nominate Mutunga.
“In the view of the above, the commission objects to the nomination of Mr Mutunga as the Deputy Governor and advises the Assembly and the Governor to reconsider the nomination,” says Mbarak.
This comes barely a week after the assembly approved Mutunga’s nomination.
He could, however, not take oath of office as human rights activist Okiya Omtata obtained orders blocking his swearing in.
Omtata had filed an application challenging the eligibility of Mutunga to hold the office of the Deputy Governor.