Court quashes Mwangi Wa Iria's conviction, bars EACC from prosecuting him

Murang’a Governor Mwangi Wa Iria. The High Court on May 13, 2015 quashed a Sh400,000 fine he was slapped with in a criminal case in 2012. FILE PHOTO |

Murang’a Governor Mwangi Wa Iria on Wednesday registered a double win in two cases that were likely haunt him out of office.

In separate courtrooms, the High Court in Nairobi restrained the Ethics and Anti-Corruption Commission from trying him over claims of swearing a false document, and quashed his conviction in a criminal case three years ago.

A magistrate in 2012 slapped Mr Iria and his co-accused James Ndungu with a Sh400,000 each for obtaining 400 bags from Ms Esther Wamaitha Njogu by pretence.

The two had paid the fines.

CONVICTION QUASHED

But Lady Justice Ngenye Macharia on Wednesday quashed that conviction on grounds that there was no sufficient evidence to prove the claims.

It was on the basis of the 2012 conviction that Director of Public Prosecutions Keriako Tobiko had directed EACC to arrest and charge Mr Iria for falsifying a self-declaration form in the run-up to 2013 polls.

He had been accused of lying to the Independent Electoral and Boundaries Commission that had never been convicted and sentenced to six months in prison.

However, the governor on Wednesday got temporary reprieve after Lady Justice Mumbi Ngugi barred EACC, Mr Tobiko and Inspector-General of Police Joseph Boinnet from arresting him until the case he has filed is determined.

The case will be heard inter-parties on June 8.