Nyakang'o pleads not guilty, released on Sh500,000 cash bail

Controller of Budget Margaret Nyakang'o on Tuesday pleaded not guilty to multiple charges at a court in Mombasa where she was arraigned.

Nyakang'o was released on a Sh2 million bond, with the option of a similar surety or Sh500,000 cash bail.

The CoB faced four counts including conspiracy to defraud, operating an unlicensed Sacco, forgery, and uttering false documents.

She was arrested in Mombasa over a complaint made against her and 10 others dating way back to 2016 before she became the CoB.

However, she told the Star that she presented herself to the police station to record a statement.

She and the 10 were accused of 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 Directorate of Public Prosecutions (ODPP) had okayed the charges as proposed by the  Directorate of Criminal Investigations (DCI).

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

She came to office in June 2020.

Nyakang'o has security of tenure running for eight years since her swearing-in. 

The tenure of holders of independent offices like the CoB are protected in the Constitution and therefore they are not removed from office arbitrarily.

Article 251 of the Constitution provides the grounds for removal from office for a Constitutional officeholder.

They include serious violation of the Constitution or any other law, including a contravention of Chapter Six and gross misconduct, whether in the performance of the member’s or office holder’s functions or otherwise.

They can be removed from office for physical or mental incapacity to perform the functions of office, incompetence or bankruptcy.

A person desiring the removal of a member of a commission or of a holder of an independent office on any ground may present a petition to the National Assembly setting out the alleged facts constituting that ground.

The National Assembly shall consider the petition and, if it is satisfied that it discloses a ground, shall send the petition to the President.

On receiving a petition, the President may suspend the member or officeholder pending the outcome of the complaint.

He shall also appoint a tribunal to investigate the charges.

The tribunal shall investigate the matter expeditiously, report on the facts and make a binding recommendation to the President.

The President shall act per the recommendation within thirty days.