Court Saves Margaret Nyakang'o From Being Prosecuted
Justice Chacha Mwita on Thursday, December 7 issued the orders barring the Office of the Director of Public Prosecutions (ODPP) from pressing charges against the government official.
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The High Court has issued a conservatory order suspending the prosecution of the Controller of Budget (CoB) Margaret Nyakang'o.
Justice Chacha Mwita on Thursday, December 7 issued the orders barring the Office of the Director of Public Prosecutions (ODPP) from pressing charges against the government official.
"A conservatory order is hereby issued suspending the prosecution of Margaret Nyakang'go in Mombasa Chief Magistrate's Criminal Case NO. E1674 OF 2023, Republic V Margaret Nyakang'o and 10 others until May 21, 2024," the ruling read in part.
This followed a petition filed by West Mugirango MP Stephen Mogaka, with Justice Mwita noting that he was satisfied that the petition raised pertinent questions.
Image of Controller of Budget Margaret Nyakang’o. /FILE
As a result, the judge directed that the pleadings be served immediately on the respondents and that respondents file and serve responses to the petition within 14 days after service.
"The petitioner will then have 14 days after service to file and serve a supplementary affidavit if need be and written submissions to the petition not exceeding 10 pages
"The respondents will thereafter have 14 days after service to file and serve written submissions not exceeding 10 pages each. Highlighting of submission on 21st May 2024," Justice Mwita further ruled.
Mogaka, who hails from the Kisii region, had argued that Nyakang'o was being targeted due to her oversight role that has seen her expose financial improprieties in various arms of the government.
Leaders from the Kisii region led by Nyamira Senator Okongó Omogeni and Mogaka had on Wednesday defended Nyakang'o who hails from West Mugirango after her high-profile arrest.
Nyakang'o was arraigned before the court over conspiracy to defraud, operating an unlicensed Sacco, forgery, and uttering false documents, contrary to section 353 of the Penal Code.
She pleaded not guilty to the four charges before the court where she was one of 11 individuals implicated in the offences. As a result, she was released on a Ksh2 million bond, with the option of a similar surety or Ksh500,000 in cash.
The charges emerged from an inquiry file initiated by the ODPP and handed over to the Directorate of Criminal Investigations (DCI).
Nyakang'o's arrest triggered widespread condemnation, especially from politicians allied to the Azimio la Umoja coalition and its leaders including Raila Odinga who questioned the motive of the arrest.
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