- West Mugirango MP Stephen Mogaka in his petition filed at the High in Nairobi wants conservatory orders stopping Nyakang'o's trial.
- The Controller of Budget was on Tuesday arrested in Mombasa and arraigned before a magistrate's court.
Image: LABAN WALLOGA
A Member of Parliament from Nyamira has moved to court seeking orders to quash the prosecution of Controller of Budget Margaret Nyakango saying it is against her right to dignity and a scheme meant to hound her out of office.
West Mugirango MP Stephen Mogaka in his petition filed at the High in Nairobi wants conservatory orders stopping Nyakang'o's trial.
He is also seeking orders to stop the Inspector General of Police Japhet Koome, DCI Mohamed Amin and the Director of Public Prosecutions Renson Igonga from investigating, arresting or prosecuting Nyakango until the matter is heard and determined.
The Controller of Budget was on Tuesday arrested in Mombasa and arraigned before a magistrate's court where she was charged with three counts of fraud, forgery and operating a sacco without a valid licence.
But Mogaka says the arrest and eventual arraignment in court of the Controller of Budget was conducted under orchestrated publicity and fanfare that it violated Nyakango's right to dignity and that it was meant to embarrass and put her to shame.
"That in the interim and pending the hearing and determination of this petition, this honourable court be and is hereby pleased to issue a conservatory order stopping the prosecution of Margaret Nyakango or any other proceedings in the Mombasa chief magistrates court case number E1674 of 2023," Mogaka says in his petition.
He has asked the court to certify his petition as urgent and have it heard and determined within 60 days.
Nyakango's arrest on Tuesday elicited sharp criticism from opposition leaders who accused the government of orchestrating a scheme to hound the Controller of Budget out of office for her steadfastness in speaking out against the government's excesses in spending of public cash.
"It was only a matter of when or not how 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," Opposition chief Raila Odinga said in a statement.
Narc Kenya party leader Martha Karua also read mischief in the prosecution of Nyakango, coming just days after she revealed details of budgeted corruption in the government.
"The timing is suggestive of harassment and intimidation, especially coming after her revealing testimony at Bomas,'' Karua wrote on her X (formerly Twitter) page.
In Parliament, lawmakers from Nyakango's Gusii backyard condemned the arrest and accused President William Ruto of being behind Nyakango's tribulations.
Image: FILE
The legislators led by West Mugirango's Stephen Mogaka and Kisii Senator Richard Onyonka said Nyakango was being victimised following her submissions before the National Dialogue Committee where she spoke about budgeted corruption.
Other lawmakers present were Nyamira Senator Okongó Omogeni, Nominated Senator Gloria Orwoba and Kitutu Chache South MP Anthony Kibagendi.
Onyonka said the President should be aware that the Gusii community is not happy with how Nyakang'o was being treated yet she was an officer who was carrying out her work in line with the Constitution.
Mogaka expressed disappointment, saying Nyakango's arrest and subsequent arraignment was meant to demean the Abagusii who are hardworking and often strive to do their best in all the positions they serve.
“We are reading some schemes to kick out the Controller of Budget at a time when the Constituency Development Fund among other funds has not been disbursed, Dr Nyakang'o who comes from my constituency is a professional who had distinguished herself in service to the nation,” Mogaka said.