Murang'a Governor's attempt to stop his arrest flops
By Caroline Rwenji
| May 13th 2015
An attempt by Murang'a Governor Mwangi wa Iria seeking to stop his arrest and prosecution was yesterday thwarted by the High Court.
The governor, who is among those recommended for prosecution by the Director of Public Prosecutions Keriako Tobiko, had rushed to the High Court in Nairobi seeking temporary orders but was turned down.
Judge Weldon Korir instead ordered him to serve parties in the suit with papers and return for inter-parties hearing today.
The matter will be heard at 11am after a judgement by the High Court on a criminal appeal case that is behind his woes.
Iria, through his lawyer Nganga Mbugua, rushed to court to stop his arrest after Tobiko recommended his prosecution over allegations of false declaration submitted before the Independent Electoral and Boundaries Commission (IEBC).
The false declaration was allegedly issued on December 11, 2012, before he ran for governorship.
In the suit papers, he stated that he pointed out the detail in the self-declaration form, but the IEBC took no action.
"The said conviction and sentence was not final as the petitioner has already appealed the same matter which is now pending judgement in the High Court," his lawyer stated.
He accused the DPP and EACC of abusing the legal process by making the decision to arrest and prosecute him, three years after the declaration form was submitted.
Iria told the court that he was convicted in a criminal case on August 3, 2012, by the Makadara Chief Magistrate and was given a non-custodial sentence.
He further stated that he paid a fine of Sh400,000 and filed an appeal before the High Court, a matter whose judgment will be issued today before High Court Judge Ngenye Kariuki.
The governor stated that he filled out in the self-declaration form that he has not been convicted since he had served a non-custodial sentence and paid a court fine.
"The petitioner also noted that since the conviction and sentence were not final in view of the pending appeal, he could not have answered in the affirmative due to the possibility that the conviction could as well be overturned on appeal," his lawyer said.
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