April 3, 2015
Governors have protested the manner in which Ethics and Anti-Corruption Commission (EACC) arrested Murang’a governor Mwangi Wa Iria describing it as “embarrassing and disrespectful.” The governors through the Council of Governors now want the anti-graft agents to notify any Governor when and where to present himself for questioning and not staging a physical arrest before their juniors in future cases.
They also want the police investigations unit and Directorate of Criminal Investigation (DCI) to also state earlier specific courts the governor in question needs to appear at. The physical arrests, they argued, are humiliating and violate their right to respect and dignity as enshrined in the Constitution.
“The Council of Governors condemns in the strongest terms possible the uncalled for and wholly unnecessary humiliation and embarrassment visited upon Iria by the EACC during his arrest,” said Meru governor Peter Munya who chairs the council’s Legal and Human Rights Committee.
“No governor plans to leave the country or go into hiding over the prospect of questioning in criminal court,” he added. Governor Iria was on Wednesday whisked away by five detectives from EACC from his office to the Commission’s Integrity Centre in Nairobi where he was questioned for two hours over details he gave to the Independent Electoral Boundary Commission before 2013 General Election and later released.
“They put me in an open vehicle for the whole world to see. I asked them to allow me use my car, but they refused, insisting I have to be inside their vehicle,”Iria told journalists on Wednesday after the grilling. Apart from Iria, Lamu Governor Issa Timamy was last year arrested and locked in the police cells over Mpeketoni terror attacks.
Munya said the detectives violated the Constitution that provides that “every person has inherent dignity and the right to have that dignity respected and protected.” “Governors will co-operate fully with EACC in its investigations as we do not claim immunity from investigations and prosecutions, he said.
where investigations establish criminal wrongdoing. The process of investigations, manner of arrest and arraignment in Court must however be in accordance with the law and constitution,” added Munya who was accompanied by Mombasa governor Hassan Joho.
The governors also cautioned EACC to demonstrate independence as it start investigations into the allegations against 13 county bosses mentioned in the Commission’s report. Joho stated the 13 governors mentioned by EACC will not step aside as the move is not provided for in the constitution.
“Ask the person saying that we step aside to tell us which part of the constitution he is using to support his directive,” said Joho. Joho argued that stepping aside would amount to resigning from office, which should be followed by a mini-elections.
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