COURT QUASHES IRIA INTENDED PROSECUTION.

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Lawyer Ng’ang’a Mbugua for Murang’a governor Mwangi Wa Iria (centre), accompanied by the governor’s supporters, while addressing journalists outside Milimani law courts building after the High court stopped arresting and prosecution of the governor over corruption charges.
BY SAM ALFAN.
Muranga Governor Mwangi Wairia has gotten a reprieve after the High court issued an injunction stopping his arrest and prosecution until a case he has filed and is heard and determined.
Justice Mumbi restrained the EACC and the Director of Public Prosecution from prosecuting him after the Governor accused the Anti- Graft body of Malice and abusing the Court.
Justice Ngugi ruled that ruled there was no evidence linking him to the offense and set aside the conviction where he had been handed a 400,000 shillings Fine saying it was excessive.
Iria moved to court on Tuesday through his Lawyer Ng’ang’a Mbugua seeking 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.
Under what may be viewed as a double win in two cases that were likely haunt him out of office,Iria will not be arrested or prosecuted by the EACC after the High court acquitted him in a criminal case where he was charged with obtaining money through false pretences in 2012.
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.
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.
The case will be heard inter-parties on June 8.

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