• Nyakang'o was arrested Tuesday morning in Mombasa and charged but was released on a Sh2 million bond with the option of a similar surety or Sh500,000 cash bail.
• She was charged with four counts including conspiracy to defraud, operating an unlicensed Sacco, forgery, and uttering false documents.
Image: RAILA ODINGA/FACEBOOK
ODM leader Raila Odinga has condemned the arrest and arraignment of Controller of Budget Margaret Nyakang'o.
Nyakang'o was arrested Tuesday morning in Mombasa and arraigned but was released on a Sh2 million bond with the option of a similar surety or Sh500,000 cash bail.
In a statement, Raila termed her arrest a politically motivated witch hunt.
"Her tribulations are politically motivated witch hunt, which EACC will find difficult to convince Kenyans about, at a time Kenyans are wreathing under full-blown corruption," Raila said in a statement.
"We encourage Nyakang'o to remain strong in defence of integrity, professionalism and the dictates of good governance," he added.
Nyakang'o was charged with four counts including conspiracy to defraud, operating an unlicensed Sacco, forgery, and uttering false documents.
She pleaded not guilty to all the charges.
Her arrest followed complaints filed against her and 10 others over alleged allegations back in 2016 before she became the CoB in June 2020 on an eight-year tenure.
The charges levelled against her and her co-accused are conspiracy to defraud 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.
The Office of the Director of Public Prosecutions approved the charges in a letter to the DCI on November 30.
Raila said Nyakang'o's arrest was largely expected and did not come as a surprise to ODM and Kenyans.
He said the CoB finds herself in the position she is now courtesy of her resolve to uphold integrity and professionalism.
"It was only a matter of when or not Nyakang'o was going to be sent packing on frivolous and trumped-up charges to create room for a user-friendly holder of the office," Raila claimed.
"As a party, we stand with Nyakang'o and will offer whatever help we can in the interest of the war against corruption in the country. This struggle will be nasty and long but it is one Kenyans cannot afford to lose," the ODM leader said.
"We will lead that struggle from the front."
The tenure of holders of independent offices like the CoB are protected in the Constitution and therefore they are not removed from office arbitrarily.
The holders of such offices can only be removed from office if a serious violation of the Constitution or any other law, including contravention of Chapter Six and gross misconduct is proven against them.
They can also be removed from office for physical or mental incapacity to perform the functions of office, incompetence or bankruptcy.