The High Court of Kenya on Wednesday March 13, 2024, issued a fresh directive in the case against Controller of Budget (CoB) Margaret Nyakang’o through a ruling that extended orders stopping her prosecution.
Justice Chacha Mwita while giving the way forward extended the orders until the matter is heard and determined.
The judge further gave a fresh directive to the Attorney General and other parties in the matter, ordering them to file responses 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 noted.
This extension came following the initial order stopping her prosecution which was given by Justice Mwita back in December 7, 2023.
The Office of the Director of Public Prosecutions (ODPP) and Directorate of Criminal Investigations (DCI) were barred from pressing charges against the State Officer in the ruling.
According to the verdict, the CoB and the other persons in the 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.
Meanwhile, the ODPP has since asked the court to dismiss the case against Nyakang’o.
Also Read: Margaret Nyakang’o: What You Need to Know About Controller of Budget
The ODPP argued that it acted on the basis of sufficiency of evidence and public interest while instituting the criminal proceedings, which is contrary to what the CoB alleges.
Nyakang’o moves to court
Dr. Nyakang’o had moved to court through lawyers Dunstan Omari and Shadrach Wambui saying that charges before the Mombasa Law Court were a violation of her rights.
On his part, the DPP argued that the constitutional office the CoB holds does not enjoy immunity from prosecution for criminal acts committed before, during or after their term in office.
According to him, Dr Nyakang’o’s prosecution had nothing to do with the exercise of her functions as the CoB as per the given rules in the constitution.
“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,” reads the court papers.
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Nyakang’o found herself at the center of a storm following her arrest in Mombasa and subsequent charges on December 6, 2023, for complaints filed against her in 2016.
This was after the (ODPP) approved four fraud-related charges filed against her by the state.
The charges include defrauding an individual of Ksh29 million, operating an unlicensed Sacco, and forging signatures.
In addition, the charges set the stage for a legal battle that could potentially lead to her removal from office.
