Ichung'wah, Wandayi differ over Nyakango's arrest, arraignment

Wandayi calls it intimidation, Ichung'wah says CoB office not immune to prosecution

In Summary

•While appearing before Mombasa Law Court Chief Magistrate Alex Ithuku, Nyakang'o denied all charges and was released on a Sh2 million bond with a similar surety, or an alternative cash bail of Sh500,000.

•In March, Nyakang'o revealed how she was put under pressure to release Sh15 billion days before the 2022 General Elections.

Minority leader Opiyo Wandayi and Majority leader Kimani Ichung'wah and other delegates at the Bomas of Kenya for the National Dialogue Committee talks on September 28, 2023
Minority leader Opiyo Wandayi and Majority leader Kimani Ichung'wah and other delegates at the Bomas of Kenya for the National Dialogue Committee talks on September 28, 2023
Image: FILE

Tension was witnessed on Wednesday morning as National Assembly leadership differed on the recent arrest of Controller of Budget Margaret Nyakang’o.

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

He noted that 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 if there is any misconception of why she was arrested," 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."

On Tuesday, the CoB was charged at a Mombasa court with multiple counts of fraud, false pretence, and operating a Sacco without a license.

While appearing before Mombasa Law Court Chief Magistrate Alex Ithuku, Nyakang'o denied all charges and was released on a Sh2 million bond with a similar surety, or an alternative cash bail of Sh500,000.

The said charges are connected to a complaint made against her and 10 other people in 2016.

The Office of the Director of Public Prosecutions (ODPP) approved the charges in a letter to the DCI on November 30. 

Hitting back, Majority Leader Kimani Ichung'wah said that no office is immune to prosecution.

He said that the National Assembly should be on the front line in the fight against graft even in the private sector.

The Kikuyu MP told off Wandayi, saying that the matter touching on the CoB was before the court and should not be discussed in the house.

"There is indeed an attempt to defend Nyakang'o, I would like all of you to treat the matter of what it is. It is safer for us to leave that matter to court," he said.

Ichung'wah further pointed out that some legislators who were defending Nyakang'o were the same people who were vilifying her when she spoke about being coerced to withdraw Sh15 billion from the exchequer.

"Thank God that today we are talking about the impropriety of Nyakang'o before she came to office in 2016," he said.

In March, Nyakang'o revealed how she was put under pressure to release Sh15 billion days before the 2022 General Elections.

Nyakang'o said that she was threatened to release Sh6 billion for the purchase of telcos and Sh9.5 billion from the annuity fund a few days before the elections.

She said this when she appeared before the Parliamentary Public Petitions Committee on March 7, 2023.

In addition, the leader of the Majority also highlighted that Nyakang'o utterances have been blown out of proportion.

"I was the core chair of the dialogue committee. She said something in the committee and was blown out of proportion. When the treasury CS talked about budgeted concerns with her officer," he said.

Ichungw'wah was referring to CoB's statement in November where she claimed that the National Treasury had inflated her salary budget three times, contrary to what she is paid.

Appearing before the National Dialogue Committee (NADCO), Nyakang'o revealed the case was similar to several other government officials.

She said that 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.

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