Court rejects Mwangi Wa Iria's application to stop Ksh.562M corruption case

Mwangi Wa Iria, through Advocate Ndegwa Njiru, wanted the High Court to suspend the hearing of the graft case pending the hearing and determination of his petition challenging the case.

However, Justice Nixon Sifuna, in his ruling, noted that documents submitted had been altered without the court's permission which he noted is contrary to 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," ruled Justice Sifuna on Wednesday.

The judge consequently struck out the application and directed the former governor's legal team to make a fresh application, noting that amending the petition without the court's permission was an "impropriety".

"I therefore find this to be an impropriety, but which in my view should be rectified rather than sanitized or ignored. The Amended Petition amended on 26th April 2024 and filed in this Petition on 29/4/2024, is hereby struck out, and the Petitioners granted leave to regularly amend and file a fresh Amended Petition that they will have amended as they wish," ruled the court.

The court has thus directed that the fresh petition be filed and served within seven days physically, and Affidavits of the Service also be filed.

At the same time, Justice Sifuna noted that Mwangi Wa Iria's advocate Ndegwa Njiru had made the application orally, terming this as "a drastic action that will require a formal Application."

"Regarding Mr Ndegwa Njiru’s oral Application for a stay of proceedings of the criminal proceedings in in Nairobi's Chief Magistrate's Court Anti-Corruption Case No. E012 OF 2024 in the magistracy, 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," he ruled.

The matter has been set for mention on May 15, 2024, to confirm whether the Amended Petition will have been filed and served as ordered. The judge will also give further directions on responses and the hearing.

Wa Iria, who is charged alongside his wife and others, is facing several corruption charges, including abuse of office, conflict of interest, unlawful acquisition of public property, and money laundering, all to which he has pleaded not guilty.