Margaret Nyakang'o Saved From Prosecution Over Ksh6B Telkom Takeover

The High Court on Thursday, December 14 stopped the arrest and prosecution of Controller of Budget Margaret Nyakang’o over the controversial buyout of Telkom Kenya at a cost of Ksh6 billion.

Justice Chacha Mwita of the Milimani High Court barred The Office of the Director of Public Prosecutions (ODPP) and Ethics and Anti-Corruption Commission (EACC) from arresting and preferring any charges against Nyakang'o until her case is heard and determined.

“A conservatory order is hereby issued restraining the respondents from arresting, charging or prosecuting the petitioner about matters pertaining to her duties as the Controller of Budget until 13th March 2024," the orders read in part.

The Judge directed that the pleadings be served on the respondents and Interested Party immediately. The respondents and interested party will thereafter have 7 days after service to file and serve written submissions not exceeding 10 pages.

The order was issued after Nyakang’o through Advocate Danstan Omari expressed fear that EACC, DPP and the Attorney General (respondents) were plotting against her by having her take a plea in a bid to remove her from office.

Omari told the judge that his client Nyakang’o is perturbed by news of criminal charges against her after an alleged inquiry into the allegations of conflict of interest and corruption in the acquisition of Telkom Kenya shares by the government of Kenya from a private company, Helios Invest, a UK-based private equity fund, at a cost of Ksh6 billion in the financial year 2022/2023.

“I believe my tribulation emanates from my recent whistleblowing where I indicated that I was forced to approve or release Ksh15 billion and therefore l am being pursued to satisfy ulterior political motives while publicly and calculatedly creating an impression in the mind of the public that she is guilty, which violates her right to a fair trial and the presumption of innocence." Nyakang'o told Justice Mwita.

While seeking the contravention to prevent that monumental abuse of power and injustice by the DPP, DCI and the AG, Nyakang'o told Justice Mwita her intended prosecution depicts a politically orchestrated endeavour.

In her court papers, the Controller of Budget invited the court to insist on defending the rule of law and due process to avert any imminent excesses by politically connected individuals in government.

"The constitutional powers of the respondents (the DPP, EACC and AG) are on the verge of being abused and misused to harass, intimidate and oppress me and to achieve extraneous political purposes unconnected with upholding the Law and objectives of the system of the administration of justice and that l will not receive a square deal contrary to her rights in the constitution under Articles 27(1), 28. 50 (1) and (2)," she said.

In her affidavit filed in court, Nyakang'o affirmed that she is innocent and has not committed any criminal offence as alleged by the government, praying that the court protects her from any intended and arbitrary course of action.

She wants the court to find that any investigations against her concerning her duties as Controller of Budget, by the Directorate of Criminal Investigations (DCI) and subsequent and or continued charge by the DPP, shall violate her constitutional rights, is an abuse of the process of the court and therefore unlawful, null and void.

"An order of prohibition be issued prohibiting the respondents from proceeding with any prosecution/charges against the petitioner before she is subjected to Public Service Commission disciplinary: processes and or removal under relevant laws," the petition reads.

Nyakang'o was controversially arrested, arraigned in court in Mombasa and eventually released on a Ksh2 million bond, with the option of a similar surety or Ksh500,000 in cash.

She was arraigned over conspiracy to defraud, operating an unlicensed Sacco, forgery, and uttering false documents, contrary to section 353 of the Penal Code.