The criminal case against Controller of Budget Margaret Nyakang’o has been suspended.
Mombasa Magistrate Alex Ithuku made the ruling after being informed that there was a High Court order issued to stop her prosecution.
Last week, the High Court issued the order in response to a case filed by West Mugirango MP Stephen Mogaka through lawyer Danstan Omari, challenging the prosecution of Nyakang’o.
In the court papers, Mogaka argued that the arrest and prosecution of Nyakang’o violated her rights.
“The arrest comes in the wake of her public exposes with regards to the fiscal improprieties within the running of various state arms and agencies and is a manifestation of a knee-jerk reaction with ulterior motive,” he argued.
This week, magistrate Ithuku directed that the matter be mentioned on May 29, 2024 after the hearing of the High Court case.
Nyakango’s Co-accused Summoned Again After Skipping Plea Taking
Meanwhile, the court has directed Nyakango’s 10 co-accused to appear in court on January 22 to enter their pleas.
Magistrate Ithuku had summoned Jackson Wanjau, John Kithaka, James Wanyangi, Jane Ndayi, Muthoni Eliphas, Joan Chumo, Mercy Mukora, Susan Kiambati, Gregory Mailu, and Michael Kangogo to attend court on Wednesday, but they did not appear.
Their lawyer, Kevin Michuki, informed the court that the summons did not clarify the purpose of their appearance, and they were unaware that they were expected to enter a plea.
Michuki also said his clients had filed a constitutional petition challenging their prosecution and requested to have the case mentioned in June.
However, prosecutor Alex Gituma argued in court that there were no orders suspending the prosecution of the 11 co-accused.
Gituma mentioned that he expected the accused to appear in court to enter pleas, and the investigating officer had informed him that they had received the summons through WhatsApp. The prosecutor urged the court to extend the summons to ensure the accused were served physically.
Chief Magistrate Ithuku informed the parties that the case was being mentioned for the ten accused to enter their pleas.
