Judge reveals why Wa Iria's wife Jane Kimani and Solomon Kimani were released unconditionally

 

A High Court judgement suspended the prosecution of the wife of former Murang'a Governor Wa Iria and her brother, who were suspected of stealing Ksh351 million. 

Former governor Wa Iria's wife Jane Waigwe Kimani, his brother-in-law Solomon Mutura Kimani, and seven others suspected of corruption were discharged by Milimani Anti-Corruption Chief Magistrate Thomas Nzyoki, who stated that his court is bound by the high court orders and is unable to start criminal proceedings.

"This court has been served with two high court orders by Justice Cecilia Gitua and Nixon Sifuna staying the Director of Public Prosecutions' (DPP) decision to prosecute the 10 suspects pending the determination of the petition in High Court, and this court is bound by the same," said Nzyoki.

Despite being charged unconditionally without setting bail conditions, the court proceeded to dismiss Jane Waigwe Kimani, the former governor's wife, and Solomon Mutura Kimani, her brother.

Furthermore, Nzyoki turned down the DPP's request that he issue a summons for seven individuals who had failed to appear before him for an indictment hearing.

He ordered the matter to be brought up for discussion on April 29, 2024, so that the High Court's stance may be updated.

The magistrate issued his instructions after the conveyance of the High Court documents from Murang'a to Nairobi by a helicopter contracted by Wa Iria, who, with the assistance of his wife and brother-in-law, had opposed his prosecution.

The defence team of Wilfred Nyamu, Ndegwa Njiru, and Peter Wanyama presented the two orders to the magistrate, who promptly put down his tools, stating that lower courts must obey instructions from higher courts.

In a petition number E004 of 2024, former governor Wa Iria's wife and Mutura sought a restraining order against their arrest and prosecution from the DPP, Inspector General of Police, Ethics and Anti-Corruption Commission (EACC), and Directorate of Criminal Investigations (DCI). Their attorneys have now asked the court to postpone the plea hearing in the case.

Allegations of money laundering, interacting with questionable assets, conflict of interest, misuse of office, and illicit acquisition of public property were among those that were anticipated to be levelled against the accused.

From 2015 to 2016, the Murang'a County administration was allegedly involved in procurement fraud, of which the ex-governor is one of nine people accused.

For procurement violations amounting to Ksh351 million, including illegally awarded bids, the DPP requested a trial of the individuals on April 14, 2024.