EACC opposes Mutunga’s nomination as Nairobi Deputy Governor over graft case

The Ethics and Anti-Corruption Commission (EACC) has opposed the nomination of Paul Mutunga for the Nairobi Deputy Governor position.

In a letter to Nairobi County Assembly Speaker Benson Mutura, the anti-graft commission boss Twalib Mbarak said that the assembly was considering Mutunga’s nomination without any reference to the commission regarding his integrity suitability pursuant to Chapter six of the Constitution.

The agency cites a pending graft case against Mutunga as the key reason for their stance.

“The commission wishes to bring to your attention that the nominee was charged in Milimani Anti-Corruption Court, file number ACC8/2019 with corruption offences committed in Nairobi County Government, which include unlawful acquisition of public property, money laundering, conspiracy to commit an offence of corruption and dealing with suspect property,” said Mbarak in the letter.

“In view of the above, the commission objects to the nomination of Mutunga as the Deputy Governor, and advises the Assembly and Governor to reconsider the nomination.”

EACC says its advice to the county government is supported in law, as the agency is mandated to scrutinise public appointees for integrity.

The EACC chief executive officer copied Governor Anne Kananu and Nairobi County Assembly clerk Adah Onyango on the letter.

This comes barely a week after Mutunga was vetted and the county assembly accepted his name for the position.

Eighty-nine (89) ward representatives out of 122 voted in favour of his appointment.

A day later, the High Court issued temporary orders preventing Mutunga from taking the oath of office.

This is after human rights activist Okiya Omtata filed an application challenging the eligibility of Mutunga to hold the office of the Deputy Governor.

On November 17, Kananu nominated Mutunga, 47, to serve as Deputy Governor.