Nyakang’o arrest: Is she a victim of Kenya Kwanza harassment?

Nyakang’o was arrested alongside 10 others on charges of conspiracy to defraud under Section 317 of the Penal Code. This follows a complaint made against her and the group in 2016. 

This was before she became the CoB.

The group is also accused of operating a Sacco without a license, forgery and uttering a false document.

She pleaded not guilty to the charges at a court in Mombasa on Tuesday and was released on a Sh2 million bond, with the option of a similar surety or Sh500,000 cash bail.

Her arrest and subsequent charges, recommended by Deputy Director of Public Prosecutions Jacinta Nyamosi, sparked a storm in the political arena.

Majority Whip in the National Assembly Sylvanus Osoro has pledged that, as representative of the people, he will call out individuals who are behind Nyakang’o’s woes.

“On Margaret Nyakang’o, I will tell you that this is total witch-hunt. There is completely nothing criminal she has done,” he said.

Nyakang’o’s troubles are reminiscent of the miseries that faced former Auditor General Edward Ouko.

The CoB was appointed to the office in 2019, where she was tasked with overseeing the implementation of budgets at national and county levels.

Her role is to monitor the use of public funds in a year and reports to Parliament on how the funds have been utilised.

On the other hand, the Auditor-General is mandated to audit and report on the use and management of public resources by public entities. Article 229(6) of the Constitution requires the Auditor-General to confirm whether public money has been applied lawfully and in an effective way.

Ouko had run-ins with the government and remained a constant target of the Jubilee administration, which was unhappy with audits that exposed widespread corruption in various government departments, including the Eurobond.

In December 2020, Ouko gave MPs a painful narration of how the government appeared to be perpetuating a targeted approach to punish him long after he vacated office.

Ouko assumed office as the Auditor General on August 27, 2011, and left after serving a full term in August 2019.

In 2017, he survived an ouster by Parliament after High Court judge George Odunga quashed a petition by a Nairobi lawyer to investigate his conduct.

In the same year, the Ethics and Anti-Corruption Commission pushed for abuse of office and breach of procurement laws charges against Ouko for allegedly awarding a Sh100 million software contract.

However, then Director of Public Prosecutions Keriako Tobiko shot down the report, citing lack of evidence incriminating him.

EACC later changed tack and charged his then deputy Stephen Kinuthia.

After the arrest of Nyakang'o, the matter spilled to Parliament on Wednesday, where Majority leader Kimani Ichung’wah and his minority counterpart Opiyo Wandayi clashed fiercely.

Wandayi said some MPs had the view that the CoB had been arrested due to her strong stand against misuse of public funds.

He said it was the function of the House to set the record straight on why Nyakang'o was arrested.

"Her functions are intertwined with the functions of this House. This House must set the record straight," Wandayi said.

"We don't want to go into the details of why she was arrested because some of us hold the strongest view that she was being pursued for her strong stance against misuse of public funds."

Ichung'wah told off Wandayi, saying that no office is immune to prosecution.

He said the National Assembly should be on the front line in the fight against graft even in the private sector, arguing that the matter was before the court and should not be discussed in the House.

"There is indeed an attempt to defend Nyakang'o. It is safer for us to leave that matter to court," he said.

The Kikuyu MP further added that some legislators who were defending Nyakang'o were the same people who were vilifying her when she spoke about being  forced to withdraw Sh15 billion from the exchequer.

In March, MPs were urged to initiate the process of removing Nyakang’o from office, days after she confessed to approving the billions of shillings under duress.

Leading the Nyakang’o removal push is the Consumer Federation of Kenya, which says her confession showed that she is unfit to hold office.

Cofek secretary general Stephen Mutoro said the CoB was "guilty of illegal multibillion-shilling withdrawals in the sunset days of President Uhuru Kenyatta’s regime".

Nyakang’o told a parliamentary team that she was forced into approving Sh15.5 billion withdrawals by former Treasury Cabinet Secretary Ukur Yatani.

She told the National Assembly’s Public Petitions Committee, chaired by Nimrod Mbai (Kitui East), how the then Treasury CS invoked President Kenyatta’s name numerous times to press her to approve the payments.

Yatani dismissed the claims, terming them as “false, malicious and actionable in law”.

Nyakang’o recently claimed that the National Treasury had inflated her salary budget three times, contrary to what she is paid.

Appearing before the National Dialogue Committee, she said the case was similar to several other government officials, adding that the the rot in the National Treasury had partially contributed to the high cost of living in the country.

"When I was doing the budget for consolidated funds services, this is where my salary is paid from, I found out that my salary was budgeted at three times what I'm paid. I am the only state officer in my institution, so there is nothing like confusion there," Nyakang'o said.

A section of youths from Nyanza region have also joined the fray and asked Gusii MPs to stop dragging the name of President William Ruto into the troubles facing Nyakang’o.

The youths led by chairman Joel Onyango and secretary John Makori said it was wrong for the legislators to blame the head of state for the CoB's woes.

“Why are these MPs quick to point an accusing finger at President Ruto?" Makori said. 

Eight MPs from the Gusii community on Tuesday said the President was solely behind what was happening to the CoB.

“Let nobody lie to Kenyans that some people are taking advantage since the President is out of the country. He is very much aware of what is happening, he is out to punish Nyakang'o due to her stand against corruption activities,” Kitutu Chache South MP Antoney Kibagendi said. 

Senators Okong'o Omogeni (Nyamira), Richard Onyonka (Kisii),  Gloria Orwoba (UDA nominated) and West Mugirango MP Steve Mogaka and were at the press conference.

However, Orwoba, defended President Ruto against any wrongdoing.

She said Ruto meant well for the community and that it was only some shadowy individuals who were out to create a wedge between the head of state and the Gusii people.

Speaking separately, Osoro, a close ally of the President, said the head of state is working very hard to ensure there is regional balance in employment in top government positions.

“He is trying to make sure that each region is represented or placed on the table of discussion as far sharing of employment is concerned. However, there are a few individuals who feel that a particular region, community should not be in government,” he said.

Osoro added that it was ironical that Nyakang’o was charged while she was engaged on an official duty in Mombasa.

“What kind of embarrassment are they subjecting her to, a mother, a wife to somebody, a daughter to someone,” he said.