BY IRENE ONYANGO.
The Controller of Budget Margaret Nyakang’o can now breathe a sigh of relief after the High Court suspended her prosecution over alleged fraud of Sh29 million.
Justice Chacha Mwita suspended Nyakang’o’s prosecution pending hearing and determination filed by West Mugirango Member of Parliament Stephen Mogaka.
“A conservatory order is hereby issued suspending the prosecution of Margret Nyakang’o in Mombasa Chief Magistrate’s Criminal case NO. E1674 OF 2023, Republic vs Margaret Nyakang’o and 10 others unlit 21st May 2024,” ordered Judge Mwita.
The MP challenged her prosecution claiming that it was meant to harass and embarrass her.
Nyakang’o was arrested and charged before a Mombasa court with three counts of fraud, operating a Sacco without a licence and forgery. She denied the charges and was freed on bond.
The MP submitted that the alleged offences lack a proper factual basis to give rise to criminal charges as they are founded on a civil matter that has been adjudicated before civil courts.
He claimed that the arrest came in the wake of her public exposes with regards to the fiscal improprieties in the running of various state arms and agencies.
Mogaka further said the arrest and prosecution is a knee jerk reaction motivated by ulterior motives and unprecedented abuse of process.
He said the arrest was conducted under orchestrated publicity and fanfare which violated Nyakang’o’s rights to dignity and embarrassing her in return.
“The decision to investigate a crime (or prosecute in the case of the DPP) must not be unreasonable or made in bad faith or intended to achieve ulterior motive or used as a tool for personal score settling or vilification,” said Mogaka.
The court directed the DCI and DPP to file their responses within 14 days after service after which Mogaka will equally have 14 days to file and serve a supplementary affidavit.
“As an independent constitutional office holder, Dr Margaret Nyakang’o’s role is of immense importance to the governance, checks and balance mechanism in the country and to this end, she has discharged her duty with exemplary impartiality, integrity and fairness,” the MP said.
