Court Bars Prosecution of Controller of Budget

Court Bars Prosecution of Controller of Budget

Court Bars Prosecution of Controller of Budget

On Thursday, the High Court granted Controller of Budget (CoB) Margaret Nyakang’o a temporary reprieve following conservatory orders that halted her legal action. Justice Chacha Mwita’s decision prohibits the State Officer from being charged by the Directorate of Criminal Investigations (DCI) or the Office of the Director of Public Prosecutions (ODPP).

“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 verdict stated in part. Stephen Mogaka, a member of parliament for West Mugirango, submitted a petition claiming that Nyakango’s arrest was politically motivated, and Justice Mwita granted it.

“I am confident that the petition brings up important issues. Part of the ruling stated, “It is hereby ordered that the pleadings be served immediately on the respondents.” Within 14 days of service, the ODPP and DCI, who were named as respondents, were required to submit and deliver their answers to the petition.

“The respondents will thereafter have 14 days after service to file and serve written submissions not exceeding 10 pages each,” Mwita added. Mogaka, a resident of the Kisii region, informed the court that Nyakang’o was the target of harassment because of her zeal in uncovering financial irregularities in different government departments. Following her widely publicized detention, Nyakang’o, a native of West Mugirango, was defended on Wednesday by leaders from the Kisii area led by Nyamira Senator Okongó Omogeni and Mogaka. On Tuesday, Naykang’o was taken into custody on 11 counts, which included operating an unlicensed Sacco and conspiring to commit fraud.

Charges of forgery and uttering fake documents are also brought against the CoB.Leader of Azimio Raila Odinga described the accusations as a political witch hunt and said in a statement on Wednesday that they were not surprising.

The former prime minister declared, “EACC will find it difficult to convince Kenyans about (her charges), at a time Kenyans are wreathing under full-blown corruption,” and he vowed to support Nyakango to the hilt.

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