On Friday, the High Court cleared the appointment of former Murang’a Governor Mwangi Wa Iria to chair the Public Procurement and Assets Disposal Regulatory Authority board after dismissing a petition that had challenged his appointment.
The petition had been filed by activist Kiroko Ndegwa, who argued that Wa Iria’s turbulent political past marked by an impeachment attempt, graft allegations, and pending asset forfeiture cases made him unfit for public office. Ndegwa insisted that the former county boss carried unresolved integrity questions that clashed with the standards of Chapter Six of the Constitution.
Indeed, Wa Iria’s public life has been anything but quiet. In office from 2013 to 2017, his tenure as governor of Murang’a was dogged by political friction that culminated in his impeachment by the County Assembly in 2017. The Senate later overturned the decision on grounds that the charges did not meet the threshold required in law to impeach a sitting governor.
The petitioner also relied on previous reports by the EACC, which in 2017 had recommended that Wa Iria be barred from seeking elective office.
In a firm response, Wa Iria told the court that ongoing investigations and unproven accusations cannot be used to lock him out of public service, emphasizing the constitutional principle of innocence until proven guilty.
Presiding over the matter, Justice Benjamin Musyoki agreed. In his ruling, he said the accusations though serious did not legally disqualify Wa Iria from taking up the procurement oversight role. He added that Wa Iria met all statutory requirements as set out in the Public Procurement and Asset Disposal Act and Chapter Six of the Constitution.
The judge made one important qualification, though-the EACC is still the only body that can determine character suitability for public office, and such a decision cannot be revoked by either the President or any other authority.
“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 EACC,” ruled Justice Musyoki.
This case has rekindled focus on the long-running legal saga of Wa Iria. It was just last year that the ODPP announced six recommended charges against him involving alleged procurement irregularities and conflict of interest amounting to Ksh140 million.
Despite the cloud of investigations, Wa Iria was appointed chairperson of the PPADRA board eight months later by President Ruto, a move that stirred political debate. To the allies of the former governor, the court ruling marked vindication, while to his critics, it raised fresh questions of accountability in public appointments. But for Wa Iria himself, it is a moment of reprieve in a long and winding legal journey.
