High Court Gives Green Light for Ruto’s Controversial Appointment
The High Court has ruled that former Murang’a Governor Mwangi Wa Iria is fit to serve as the Chairman of the Public Procurement and Assets Disposal Regulatory Authority (PPADRA) board, clearing the way for his appointment despite heavy criticism and ongoing court matters.
The petition challenging his appointment was filed by Kiroko Ndegwa, who argued that Wa Iria should not hold any public position because of his past impeachment and the corruption and asset forfeiture cases still linked to his name.
According to the petitioner, the former governor’s record — including accusations of misuse of office, embezzlement of county funds, and unresolved integrity concerns — made him unqualified to lead a key regulatory institution.
In the ruling, the court explained that Wa Iria served as Murang’a County Governor from 2013 to 2017. He was impeached by the County Assembly in 2017, but the Senate overturned the impeachment after finding that the allegations against him did not meet the legal threshold for removing a governor from office.
The petitioner also pointed to earlier reports by the Ethics and Anti-Corruption Commission (EACC), which had recommended blocking him from running for office in 2017 due to integrity issues.
Wa Iria defended himself by insisting that having pending cases does not mean one is guilty. He maintained that, like any other Kenyan, he is protected by the principle of innocence until proven otherwise. Because of this, he argued that ongoing investigations cannot be used to lock him out of public service.
Justice Benjamin Musyoki agreed with his position, stating that the accusations brought forward — including earlier allegations and current investigations — were not strong enough to bar him from taking up the PPADRA role.
The judge also pointed out that Wa Iria fulfilled all the legal requirements needed for the position, including those under Chapter Six of the Constitution and the Public Procurement and Asset Disposal Act.
The court further emphasized that determining a person’s suitability for public office is the responsibility of the EACC. Justice Musyoki stressed that the court cannot replace the EACC’s mandate with its own judgment.
At the same time, he clarified that the President or any other public officer does not have the authority to overturn EACC decisions regarding a candidate’s integrity.
“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),” the judge stated.
In April last year, the Office of the Director of Public Prosecutions (ODPP) announced that it had recommended six charges against Wa Iria.
The charges involved procurement irregularities and conflict of interest amounting to Ksh140 million, allegedly committed during his time as governor. ODPP had also named several former Murang’a County officials in the case.
Despite the ongoing legal matters, President William Ruto appointed Wa Iria as the chairperson of the Public Procurement Regulatory Authority board late last year, sparking public debate and criticism.
The High Court’s decision now settles the legal dispute, confirming that he can continue serving in the role while his cases proceed.
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