Nairobi speaker Benson Mutura faces graft charges

Nairobi County Assembly Speaker Benson Mutura was on Friday arraigned over alleged theft of Sh5.3 million.

Appearing before Milimani Law Courts Senior Principal Magistrate Esther Kimilu, he did not plead to the charges.

Mr Mutura is accused of stealing the money from Nairobi County between February 1, 2021 and February 28, 2022.

A defence lawyer Duncan Okatchi opposed the accused taking a plea saying “the prosecution was suspended by the High Court Judge Justice Antony Mrima on April 21, 2022, pending determination of a case challenging the investigations and subsequent arrest and prosecution.

But the application to defer plea taking was opposed by state prosecutor Anderson Gikunda.

“The High Court did not prohibit the prosecution of Mr Mutura. There is nothing stopping him from answering to the charge filed against him,” Mr Gikunda stated.

In her ruling, Ms Kimilu referred the parties to Justice Mrima for interpretation of the court order issued on April 21, 2022.

The case was adjourned to May 16, 2022 when a report will be presented on whether Mr Mutura’s prosecution was stopped or not.

Mr Mutura was freed on a cash bail of Sh500,000 with an alternative bond of Sh1,000,000 pending determination of the case.

After paying the cash bail, the accused claimed that he was being victimised over his relationship with Deputy President William Ruto.

The deputy president is Kenya Kwanza Coalition presidential candidate. Mr Okatchi said police are in contempt of court for filing charges against Mr Mutura.

Justice Mrima issued orders on April 21 temporarily stopping any arrest and pursuing the criminal case he claims is an affront on Mr Mutura’s constitutional rights.