The legal proceedings against Margaret Nyakang’o, the Controller of Budget, have been put on hold as directed by Mombasa Magistrate Alex Ithuku. This decision was made in light of a High Court order, issued last week in response to a case filed by West Mugirango MP Stephen Mogaka, represented by lawyer Danstan Omari, contesting Nyakang’o’s prosecution.
In the legal documents, Mogaka argued that the arrest and subsequent prosecution of Nyakang’o were in violation of her rights. He asserted that her arrest was a reactionary response with an underlying agenda, particularly in the context of her recent public disclosures about fiscal irregularities within various state arms and agencies.
Magistrate Ithuku has scheduled the next mention of the case for May 29, 2024, following the conclusion of the High Court proceedings.
Additionally, the court has issued a directive for Nyakang’o’s ten co-accused to appear in court on January 22 to enter their pleas. Despite being summoned earlier, individuals including Jackson Wanjau, John Kithaka, James Wanyangi, Jane Ndayi, Muthoni Eliphas, Joan Chumo, Mercy Mukora, Susan Kiambati, Gregory Mailu, and Michael Kangogo did not appear.
Their lawyer, Kevin Michuki, argued that the summons lacked clarity regarding the purpose of their appearance, and they were unaware that they were expected to enter a plea. Michuki informed the court that his clients had filed a constitutional petition challenging their prosecution and requested the case to be mentioned in June.
However, prosecutor Alex Gituma contested this, asserting that there were no orders suspending the prosecution of the ten co-accused. Gituma expected the accused to appear in court for plea entry, citing that the investigating officer had confirmed the receipt of the summons through WhatsApp. The prosecutor urged the court to extend the summons to ensure proper physical service to the accused.
Chief Magistrate Ithuku clarified that the current mention was for the ten accused individuals to enter their pleas.
