The High Court on Thursday, December 7, 2023, ordered for the suspension in the prosecution of the Controller of Budget (CoB) Margaret Nyakang’o.
Justice Mwita in his ruling prevented the Office of the Director of Public Prosecutions (ODPP) and Directorate of Criminal Investigations (DCI) from pressing charges against the State Officer.
Likewise, Justice Mwita noted that Margaret and the other prosecuted people under their case would not face any charges before May 21, 2024.
“A conservatory order is hereby issued suspending the prosecution of Margaret Nyakang’o in Mombasa Chief Magistrate’s Criminal Case NO. E1674 OF 2023, Republic V Margaret Nyakang’o and 10 others until May 21, 2024,” the statement read part.
Controller of Budget Margaret Nyakang’o was arrested in Mombasa on Tuesday, December 5, for complaints filed against her in 2016.
In a notice by the Deputy Director of Public Prosecution Jacinta Nyamosi, Nyakang’o was among eleven individuals set to face four counts including conspiracy to defraud and operating a Sacco without a licence contrary to the Law.
Also Read: Controller of Budget Margaret Nyakango Arrested
Other offences included forgery and uttering a false document, contrary to section 353 of the penal code.
Nyakang’o Side of the Story
Controller of Budget Margaret Nyakang’o on December 6 revealed details surrounding her controversial arrest and arraignment in Mombasa which started in Karen, Nairobi City.
The controller of budget said police officers followed her on Monday, December 4 and asked that she accompanies them to record a statement at the Central Bank of Kenya (CBK) offices in Nairobi.
However, Nyakang’o noted that she was not given any papers to write after arriving at the CBK offices.
“They then told me they were under instructions to take me to Mombasa. I had not eaten and so they allowed my husband to get me some food, which he did, and even brought some for the officers. He was then asked to go back home,” said Nyakang’o.
According to her, it all started sometimes in October this year when she was summoned to the DCI headquarters and asked to clear some issues over an ongoing investigation.
The officer who called her told her a file had been dispatched from the Office of the Director of Public Prosecutions (DPP) recommending her prosecution, but her statement was missing.
Political Leaders Defend Nyakang’o
Nevertheless, a section of leaders led by the former prime minister Raila Odinga condemned the arrests arguing that it was a politically instigated move.
Also Read: Raila Odinga Addresses Margaret Nyakang’o Arrest
“The arrest of Ms Nyakang’o by the Ethics and Anti-Corruption Commission (EACC) did not come as a surprise to us in Azimio la Umoja One Kenya Coalition Party. We believe many Kenyans too saw it coming,” said Raila.
Further, the opposition leader claimed that the arrest came, in light of Nyakango’s determination to act professionally and with integrity in a regime infested by crooks and unprofessional conduct.
Similarly, the National Assembly Majority Whip Sylvanus Osoro, condemned the arrests stating that it is similar to what happened to former National Treasury CS Henry Rotich.
