The High Court has rejected an application by former Murang’a Governor Mwangi Wa Iria to halt his prosecution in a Sh.562 million corruption case.
The former governor, through his lawyer Ndegwa Njiru, had requested the High Court to pause the corruption trial while awaiting a decision on his petition challenging the case.
However, in his ruling, Justice Nixon Sifuna highlighted that the documents submitted to support the application had been amended without proper authorization from the court, which is against the law.
“This Petition raises fundamental issues that the Court will at the opportune time determine.
I have however noted that it has been amended without the leave of court and therefore improperly.
Anything done in the name of the law, has to be done in accordance with the law,” stated Justice Sifuna.
Consequently, the judge struck out the application and instructed Wa Iria’s legal team to submit a fresh application with proper court approval.
He described the unauthorized amendments as “impropriety,” which must be corrected through the proper legal process rather than ignored or condoned.
Justice Sifuna ordered the legal team to submit the corrected petition within seven days and ensure proper service with accompanying affidavits.
He also noted that Wa Iria’s lawyer, Ndegwa Njiru, had made an oral application to halt the proceedings in the corruption trial, which the judge viewed as a drastic action requiring formal procedures.
“Regarding Mr. Ndegwa Njiru’s oral Application for a stay of proceedings in the criminal case in Nairobi’s Chief Magistrate’s Court Anti-Corruption Case No. E012 OF 2024, I hold that this is a drastic action that will require a formal Application, formal responses, as well as submissions by all the parties, followed by a well-considered determination by this Court on merits,” Justice Sifuna added.
The matter will be revisited on May 15, 2024, to check if the revised petition has been filed as instructed and to provide further guidance on responses and the next steps in the hearing.
Wa Iria, along with his wife and other co-defendants, faces multiple charges, including abuse of office, conflict of interest, unlawful acquisition of public property, and money laundering.
He has pleaded not guilty to all charges.
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