The High Court has temporarily halted the prosecution of Controller of Budget Margaret Nyakang'o, who had been released on a Ksh 2 million bond.
This followed a plea filed by West Mugirango MP Stephen Mogaka, who challenged Nyakang'o's prosecution. Justice Chacha Mwita directed parties to file, serve, and submit their papers by May 21, 2020.
The legislator says in court filings that Nyakang'o's arrest and prosecution violated her rights.
“The arrest comes in the wake of her public exposes with regards to the fiscal improprieties within the running of various state arms and agencies and is a manifestation of a knee-jerk reaction with ulterior motive,” he claims.
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Mogaka also claims, through her lawyer Danstan Omari, that her arrest and arraignment in court were performed with staged publicity and fanfare, violating her right to dignity and to disgrace, harass, and degrade her.
Nyakang'o was detained on Tuesday and faces various criminal accusations in a case that dates back to 2016.
Jackson Ngure Wanjau, Suran Kendi, James Makena Wanyagi, John Muchira Kithaka, Jane Karau Ndanyi, Muthoni Iphas, Joan Chumo, Mercy Ndura Mukora, Gregory Mwangangi Mailu, and Michael Kipkurui are among those charged.
The 11 are facing a number of allegations, including conspiracy to deceive, operating an unlicensed Sacco, forgery, and uttering false documents, according to an inquiry file from the Directorate of Public Prosecutions (ODPP) to the Directorate of Criminal Investigations (DCI).
Jacinta Nyamosi, Deputy Director of Public Prosecutions, approved the criminal charges, stating that there was sufficient evidence to charge the suspects following a comprehensive review.
