The High Court has cleared former Murang’a Governor Mwangi Wa Iria of allegations that he is unfit to serve as Chairman of the Public Procurement and Assets Disposal Regulatory Authority (PPADRA) board.
The petition, filed by Kiroko Ndegwa, sought to block the former governor’s appointment, citing his past impeachment and ongoing graft and asset forfeiture cases.
The petitioner argued that the former governor’s history of alleged embezzlement, misuse of office, and unresolved integrity issues made him ineligible for public office.
The court noted that Wa Iria served as Murang’a County governor between 2013 and 2017 and was impeached by the County Assembly in 2017. The Senate later overturned the impeachment, finding that the violations did not meet the threshold for removal.
The petitioner also cited the Ethics and Anti-Graft Commission (EACC) reports that recommended the governor be barred from elective positions in 2017 due to integrity concerns.
Wa Iria, in his defence, opposed the petition, stating that pending cases do not bar him from appointment to public office and that he is presumed innocent until proven guilty.
Justice Benjamin Musyoki, in his ruling, held that the issues raised by the petitioner, including past allegations and ongoing investigations, were not sufficient to prevent the politician from being appointed to the board.
He further noted that the former governor met the legal qualifications for the position, including requirements under Chapter Six of the Constitution and the Public Procurement and Asset Disposal Act.
At the same time, the court emphasised that matters of suitability for public office fall under the mandate of the EACC, and the judiciary cannot substitute its own assessment for that of the statutory body.
Additionally, Justice Musyoki also clarified that the President or other public officers cannot overturn EACC decisions regarding a candidate’s suitability for public office.
''A declaration is hereby issued that the President or any other public officer or body except a court of law has no powers to overturn a decision of the 2nd respondent (EACC).''
In April last year, the Office of the Director of Public Prosecutions (ODPP) announced that it had recommended six charges against former Wa Iria. ODPP directed that the former governor and other former county officials be charged with procurement irregularities and conflict of interest of Ksh140 million.
However, eight months later, Wa Iria was appointed as the chairperson of the Public Procurement Regulatory Authority board by President William Ruto late last year amid the legal battles.
