Court Clears Ruto’s Crucial Appointee To The Public Procurement Board
The High Court has exonerated former Murang’a Governor Mwangi Wa Iria of claims that he is ineligible to serve as Chairman of the Public Procurement and Assets Disposal Regulatory Authority (PPADRA) board.
Kiroko Ndegwa submitted the petition to stop the former governor’s appointment, citing his previous impeachment and ongoing graft and asset forfeiture investigations.
The petitioner contended that the former governor’s record of suspected embezzlement, misuse of authority, and unsolved integrity issues rendered him unsuitable for public office.
The court noted that Wa Iria served as Murang’a County governor from 2013 to 2017 and was impeached by the County Assembly in 2017.
The Senate later overturned the impeachment, concluding that the infractions did not meet the standard for expulsion.
The petitioner also highlighted reports from the Ethics and Anti-Corruption Commission (EACC), which recommended that the governor be disqualified from elective offices in 2017 owing to integrity issues.
Ruto has appointed Mwangi Wa Iria as the Chairperson of Public Procurement Regulatory Board. Wa Iria is in court facing several corruption charges, including abuse of office, conflict of interest, unlawful acquisition of public property, and money laundering! Kasongo has no shame https://t.co/hht3VC1n02 pic.twitter.com/xo9vdTBBPU
— The People’s President (@bonifacemwangi) December 20, 2024
Wa Iria contested the petition, claiming that pending criminal and civil charges do not prevent him from being appointed to public office and that he is presumed innocent unless proven guilty.
Justice Benjamin Musyoki ruled that the petitioner’s concerns, including previous charges and current investigations, were insufficient to preclude the politician from being nominated 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 emphasized that concerns of suitability for public office are the responsibility of the EACC, and the Court cannot substitute its own evaluation for that of the statutory authority.
Furthermore, Justice Musyoki underlined that the President and other public officers cannot overrule EACC determinations on a candidate’s eligibility for public service.
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“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 of last year, the Office of the Director of Public Prosecutions (ODPP) announced that former Wa Iria should face six charges.
Wa Iria In Court:
— Citizen TV Kenya (@citizentvkenya) April 30, 2024
Former Murang’a Governor Mwangi Wa Iria charged
Wa Iria pleads not guilty to Ksh 351M graft charges
Former governor to spend two nights in police custody
Former governor was unable to raise Ksh 10 million bail#TheExplainer @YvonneOkwara pic.twitter.com/uVtqw3ebro
The ODPP directed that the former governor and other county officials be charged with Ksh140 million in procurement violations and conflicts of interest.
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.
Court Clears Ruto’s Crucial Appointee To The Public Procurement Board
