Former Governor of Murang’a Mwangi Wa Iria, his wife and brother-in-law will face prosecution over the theft of Ksh351 million of public funds.
This is after Justice Nixon Sifuna of Milimani Anti-Corruption High Court on Monday, April 29, 2024, declined to extend orders suspending their prosecution and ordered wa Iria, his wife Jane Waigwe Kimani and her brother Solomon Mutura Kimani to surrender to Ethics and Anti-Corruption Commission (EACC) on Monday evening for processing ahead of plea-taking on Tuesday at 9 am.
"I direct the three to cooperate with the Director of Public Prosecutions (DPP) and EACC for purposes of being processed for plea taking. They are granted anticipatory bail against EACC to enable them to present themselves before EACC today for fingerprint taking and statement recording. Thereafter, they shall leave and present themselves for plea taking tomorrow at 9 am before the chief magistrate Milimani Anti-corruption court," Justice Sifuna ordered.
The court ordered wa Iria, his wife and Mutura to be escorted by their advocates led by Wilfred Nyamu and Ndegwa Njiru to EACC for processing and statement recording.
The judge has also directed that the seven co-accused persons of the former county boss who did not plead to the charges today as earlier ordered should also present themselves before court tomorrow to face trial.
"Any of the other seven as per the charge sheet who have not taken plea today shall present themselves for plea taking tomorrow. In the interim period between today and tomorrow 9 am they shall not be arrested," Sifuna ordered.
The judge further ordered the petitions filed by the suspects challenging their prosecution to be mentioned on May 2, 2024.
The new turn of events came after the High Court in Murang'a had issued temporary orders stopping their charging in court.
But those orders were vacated by Muranga Presiding Judge James Wakiaga who subsequently transferred the matter to the Nairobi High Court Anti-corruption Division for further directions.
Appearing before Justice Sifuna, wa Iria's lawyers had urged the court to reinstate the interim orders issued by Justice Cecilia Githua and vacated by Justice Wakiaga pending the hearing and determination of their petitions.
While seeking conservatory orders, Lawyer Njiru stated that they are challenging the question on the powers of EACC to carry out investigations since it lacks investigative authority, hence the need to halt the prosecution of the suspects until the case is heard and determined.
Wa Iria's charges
The suspects were expected to face charges of conspiracy to commit an offence of corruption, money laundering, dealing with suspect property, conflict of interest, abuse of office and unlawful acquisition of public property.
The ex-governor is among nine individuals facing allegations of procurement fraud between 2015 and 2016 at the Murang’a County Government.
On April 14, 2024, the DPP recommended the prosecution of the suspects for irregularly awarding tenders and other procurement irregularities totalling Ksh351 million.
The DPP noted that investigations carried out by EACC revealed that the suspects fraudulently awarded tenders to Top Image Media Consultancy Limited and Value View Limited with disregard for conflict of interest.
The state prosecutor's decision to okay criminal charges against the former governor and his wife comes months after the High Court froze Waigwe's two properties valued at Ksh15 million said to have been purchased through proceeds of crime.
Justice Esther Maina issued the preservation orders for the assets belonging to the former county boss's wife Jane Waigwe Kimani and her associates Jane Wanjiru Mbuthia, Director of Top Image Media Consultants pending the ongoing suit for recovery of the full amount that EACC is pursuing being Ksh542,610,615.
The two properties the court has barred Waigwe and her associates through her agents from interfering with include a parcel of land at Umoja Innercore valued at Ksh7.5 million and Mweiga Thungare/Block II/Therange Parcel Number 762 valued at Ksh8.8 million.
