- A petition was filed by West Mugirango MP Stephen Mogaka
- Mogaka through Lawyer Danstan Omari told the court that the alleged offences “lack a proper genuine basis” to give rise to criminal charges.
The high court has issued an order suspending the prosecution of Controller of Budget Margaret Nyakang'o.
Justice Chacha Mwita said the order will remain in force until May 21 next year following a petition filed by West Mugirango MP Stephen Mogaka.
She was arrested in Mombasa on Tuesday. She was then arraigned at the Mombasa court and charged with three counts of fraud, operating a sacco without a license and forgery.
But Mogaka through Lawyer Danstan Omari told the court that the alleged offences “lack a proper genuine basis” to give rise to criminal charges.
He said they are founded upon a civil matter that has been resolved before civil fora.
Nyakang’o assumed her position on December 4 last year. She was this week charged at the Mombasa court with three counts of fraud, operating a sacco without a license and forgery.
The court heard that her arrest was a reaction to her coming out to expose the improprieties within the running of various state arms.
She also argued that her arrest and subsequent arraignment in court was conducted under ‘orchestrated publicity’ which she says violated her right to dignity.
“She is a public officer of immense importance to the governance, checks and balance mechanism in the country and to this end, she has discharged her duty with fairness,” said Mogaka in his court papers.
Those sued are the Office of the Director of Public Prosecutions and the Directorate of Criminal Investigations.
Justice Mwita directed the pleading by Mogaka be served on the respondent immediately. The respondents are to file their responses within 14 days once they have been served.
Submissions are to be highlighted on May 21.