Senator Mithika Linturi has moved to court seeking the prosecution of Meru Governor Kiraitu Murungi and his Deputy Titus Ntuchiu for what he terms a deliberate attempt to enrich themselves using public resources.
In a petition filed on 6th July 2022, Linturi says the two acted in a manner contravening Chapter Six of the Constitution, and their actions amount to misuse and abuse of office under articles 35,73,74, 226 and 232 of the Constitution.
According to Senator Linturi, Governor Kiraitu’s administration is in the process of paying a sum of over Ksh 520 Million to Leopard Rock Mico Limited through fraud, procurement malpractice and open embezzlement of public funds orchestrated by Kiraitu and his Finance CEC, Titus Ntuchiu.
The sum is an arbitration award issued by the Court on 19th December 2019 for after Kiraitu’s decision to evict the hotel from the said property.
Linturi argues that Kiraitu and Ntuchiu should be entirely responsible for their unlawful actions, and that no single coin should be paid from the County funds.
“The court decree arises from an arbitration award which was a consequence of Kiraitu’s actions to forcibly and unlawfully evict Leopard Rock Mico Limited from Leopard Rock Lodge contrary to the terms of the lease agreement dated 3rd October 2008.” Linturi says.
Linturi has further revealed that the County treasury never summitted this information to the County Assembly of Meru in violation of Section 123 of the Public Finance Management Act.
“In further violation of the Public Finance Management Act the County executive has never budgeted for these Court Awards. For each month the decree remains unpaid, it continues to accrue Kshs 3,932,488.99 as interest, funds that shall ultimately be paid to the loss of residents of Meru County.” he adds.
Linturi now wants the court to rule that Kiraitu and Ntuchiu acted in breach of the provisions of the Constitution, the Public Finance Management Act, Integrity Act, Public Procurement and Disposal Act and thus in gross violation of the law.
“Governor Kiraitu Murungi should be personally pay the Kshs 520 Million plus all costs awarded to the hotel. He is unfit to hold any public office.” Linturi says.
This, he says, will cushion Meru County residents from an enormous loss of more than Ksh 520 Million, money that he says might end up in Kiraitu’s pocket.
“That the payment of the arbitral award to Leopard Rock ought to be stopped by this honorable Court as the same is meant to unjustly enrich a few individuals at the expense of Kenyan Taxpayers.” he says.
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