Graft case: Ex-Governor Mwangi wa Iria's wife, brother released unconditionally
The suspects were to face fraud charges in relation to Sh351,097, 491 spent for advertising by the county government between 2014 and 2017.
The Milimani Anti-Corruption Court has unconditionally released former Murang'a Governor Mwangi wa Iria's wife Jane Kimani and her brother Solomon Mutura, who had been taken to the court to be charged with graft.
They were released by Chief Magistrate Thomas Nzioka after he received the orders issued by Justice Cecilia Githua.
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On April 15, 2024, Githua issued conservatory orders restraining the Ethics and Anti-Corruption Commission (EACC) and Office of the Director of Public Prosecutions (ODPP) from arresting Wa Iria and the accomplices.
The order was airlifted from Muranga to Nairobi on a chopper after it was obtained by lawyer Ndengwa Njiru, who is acting for Wa Iria and several suspects in the matter.
Kimani and Mutura were to be charged with conspiracy to commit an offence of corruption, contrary to Section 47a (3) as read with Section 48 of the Anti-Corruption and Economic Crimes Act of 2001.
The suspects were to face fraud charges in relation to Sh351,097, 491 spent for advertising by the county government between 2014 and 2017.
The EACC and ODPP say the money was awarded to Top Image Media Consultants Limited for media buying services by the county government in an unlawful contract.
The other suspects are Wa Iria, Patrick Mukuria, Jane Mbuthia, David Maina, and Peter Karanja.
The ODPP had argued before Nzioka that Justice Githua's orders had favoured Wa Iria, Kimani and Mutura, who had filed the petition, and their accomplices should therefore be charged.
But Nzioka clarified that the judge's order suspended the ODPP's decision to charge as indicated in a letter dated April 13 and can't therefore be dissected to isolate some of the suspects listed in the letter.
The orders issued by Justice Githua are also extended to Director of Criminal Investigations (DCI) Mohamed Amin and Inspector General of Police Japhet Koome.
Wa Iria had been summoned by the EACC but evaded and filed the petition to stop his impending arrest and prosecution.
He sought orders restraining the institutions from arresting and instituting his prosecutions pending the hearing and determination of the petition.
The ODPP had on April 13 directed that the three be arrested to face graft-related charges related to the acquisition of public resources.
Nzioka on Wednesday directed the matter to be mentioned on April 29, 2024, after receiving updates on what will have transpired in the high court.
The high court at Murang'a will hear the petition on April 23.
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