The wife of the former Governor of Murang’a County Mwangi wa Iria and her brother who are accused of theft of Ksh140 million at Murang'a County Government have been arraigned at Milimani Law Courts.
Jane Waigwe Kimani and her brother Solomon Mutura Kimani who appeared before Milimani Anti-Corruption Chief Magistrate Thomas Nzyoki however did not plead to the charges after they obtained orders from Muranga High Court Judge Cecilia Githua suspending their prosecution.
Defence lawyer Wilfred Nyamu informed the court that former governor Mwangi wa Iria, his wife and Mutura filed a petition number E004 of 2024 before Muranga High Court which this morning granted orders barring the Director of Public Prosecution (DPP), Inspector General of Police, Ethics and Anti-Corruption Commission (EACC) and Directorate of Criminal Investigations (DCI) from arresting and prosecuting them.
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"Your honour before plea is taken l want to inform the court that accused number 1,6 and 7 (wa Iria, Waigwe and Karuga) went to the Murang'a High Court Constitution and Human Rights Division and filed case number E004/2024 on April 15, 2024, before Justice Cecilia Githua who has since issued orders suspending the implementation of DPP's decision to recommend their prosecution until their case is heard and determined," Nyamu told the magistrate.
The lawyer presented a copy of the ruling by Justice Githua which states that "pending the hearing and determination of that petition by the three applicants interim orders staying and restraining the respondents by either themselves or agents from implementing the DPP's decision contained in his letter dated April 13, 2024."
Nyamu has however urged the court to place the file aside to 3 pm to avail him a certified copy of the ruling by Murang'a High Court to enable the court to give directions on whether Waigwe and her brother will plead to the charges or not.
The DPP through his state prosecutor Jeremiah Walusara on his side confirmed receipt of the orders by Justice Githua stopping him from prosecuting WaIria, his wife and brother-in-law.
However, the state prosecutor informed Magistrate Nzyoki that the orders granted by the High Court are only with respect to the trio and not to their seven co-accused persons.
Consequently, the DPP sought a warrant of arrest be issued to wa Iria's seven co-accused persons whom he said failed to honour summons to appear before EACC this morning at 8 am for processing ahead of court arraignment.
"The 2,3,4,5,8,9,10 are not in court we seek warrants of arrest against them since they have gone under and switched off their phones," prosecutor Walusara urged the magistrate.
In a brief ruling, the Magistrate deferred plea taking to 3 pm and ordered lawyer Nyamu to present an original copy of the order by Justice Githua which he says suspended the prosecution of the former governor, his wife Waigwe and Karuga.
