The High Court has extended orders blocking the prosecution of Controller of Budget Margaret Nyakang'o until the case against her is heard and decided.
Justice Chacha Mwita asked the Attorney General to file his reply and asked the other parties involved to do the same within 14 days.
"We will proceed on 16th May for highlighting of submissions, interim orders are extended until the matter is heard and determined," the court said.
The Office of the Director of Public Prosecutions has called for dismissing the case, claiming that in initiating the criminal proceedings, it acted based on the adequacy of evidence and public interest, contrary to what the Nyakang'o asserts.
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The DPP argues that the constitutional office held by the Controller of Budget does not enjoy immunity from prosecution for criminal acts committed before, during, or after their term in office, so the trial of Dr. Margaret Nyakang'o has absolutely nothing to do with the exercise of her functions as the Controller of Budget.
He claims the law does not prohibit criminal actions against anyone, even if civil action might be considered alongside criminal procedures under Section 193A of the criminal procedure code.
"Article 27 of the Constitution stipulates that all persons are equal before the law thus any person may be investigated and in appropriate cases prosecuted with any offence that the investigations may reveal," according to the court filings.
The controller of the budget had filed a court petition, represented by lawyers Danstan Omari and Shadrach Wambui, claiming that the charges before the Mombasa Law Court violated her rights.
