The high court has suspended the prosecution of the controller of budget Margret Nyakang’o.
In his ruling, Justice Chacha Mwita said the order would be effective until next year May 21.
This is after a potion was filed by West Mugirango Member of Parliament Stephen Mogaka to bar the prosecution of the COB.
In the petition through his lawyer counsel Danstan Omari, Mogaka told the court that the allegations against Nyakang’o lacked a genuine basis to give rise to criminal charges against her.
He added that the allegations are founded upon a civil matter and have been resolved before the civil fora.
The court was told that her arrest was a reaction to her coming out and exposing the improprieties within the various arms of the government.
He urged that the arrest and arraignment in court be done under orchestrated publicity which he said violated her right to dignity.
“She is a public officer of immense importance to the governance, checks, and balance mechanism in the country and to this end, she has discharged her duty with fairness.” Mogaka explained in his petition.
Those sued by the MP include the Office of the Director of Public Prosecution and the Directorate of Criminal Investigations.
Mwita directed the respondents to be served with the petition immediately and file responses within 14 days.
Nyakang’o assumed the position of COB on December 4, last year and she was this week charged in court and freed on a Sh500, 000 cash bail after pleading not guilty to four counts of conspiracy to defraud and forgery at Mombasa Law Courts.
Nyakang’o was arrested in connection with a complaint that was made against her and ten others in 2016 before she became the Controller of the Budget.
The CoB together with the ten others faced the charges of defrauding contrary to
Section 317 of the Penal Code, operating a Sacco without a Licence Contrary to
Section 24 as read with Section 66 of the Sacco Societies Act, 2008, forgery and uttering a false document c/s 353 of the Penal Code.
