Mwangi Wa Iria loses bid to stop his trial for swearing a false document in 2013 poll

Murang’a Governor Mwangi Wa Iria on Tuesday failed in an attempt to stop his prosecution for swearing a false document in the run-up to 2013 General Election.

Through lawyer Ng’ang’a Mbugua, Mr Iria wanted to stop the Ethics and Anti-Corruption Commission from trying him for allegedly lying to the electoral commission that he had never been convicted in a court of law.

Mr Iria allegedly committed the offence in a declaration form he submitted to the Independent Electoral and Boundaries Commission (IEBC), seeking clearance to run for the governor post.

He allegedly committed the offence in a declaration form he submitted to the IEBC on December 11, 2012.

In his case, Mr Mbugua argued that the said self-declaration form referred to conviction and serving a sentence of at least six months in prison.

RULING TODAY

He said Mr Iria did not fall in that category because a Makadara Magistrate Court handed him a non-custodial sentence on August 3, 2012 in a criminal case.

He claimed the governor had also appealed the sentence in the High Court and the case was still pending at the time he was filling the form.

“He could not have answered in the affirmative due to the possibility that the conviction could as well be overturned in the appeal,” Mr Mbugua said.

The High Court, Mr Mbugua said, will rule on the appeal today (Wednesday).

“EACC has unlawfully and maliciously sought to recommend to the Director of Public Prosecutions (DPP) who in turn consented to his prosecution for what they alleged to be knowingly misleading to the commission. The decision to charge him years after the said form was submitted to IEBC is illegal and a misuse of the DPP’s powers,” Mr Mbugua said.

IEBC CLEARED HIM

He claimed Mr Justice Isaac Lenaola on February 26, 2013 allowed Mr Iria run for the governor office after dismissing a case that sought to bar him.

The judge, he said, found that IEBC had not raised any queries regarding the alleged falsification of the self-declaration form.

Mr Mbugua pleaded that orders stopping the arrest and prosecution of Mr Iria be issued pending the hearing and the determination of the current case.

However Justice Weldon Korir only directed that the case documents be given to the sued parties— Director of Public Prosecutions Keriako Tobiko, Inspector-General of Police Joseph Boinnet and Attorney-General Githu Muigai— for an inter-party hearing today.