The high court has issued an order to stop the arrest and prosecution of controller of budget Margaret Nyakang’o until May 21st 2024.
This comes after the West Mugirango MP Stephen Mogaka filed a petition through his lawyer Danstan Omari and based his argument on the arrest and prosecution of the alleged offences “lack a proper genuine basis” to give rise to criminal charges.
Delivering the order, Justice Chacha Mwita said that the order shall remain in force until May 2024. This means that the prosecution or the government should not arrest or try to arraign Nyakang’o in court for the offenses that led to her arrest.
Also Read: Margaret Nyakang’o,The Controller Of Budget Arrested In Mombasa
Margaret Nyakang’o was earlier this week arrested in Nairobi and driven to Mombasa where she was arraigned in court for fraud, operating a sacco without a license and forgery. According to the Mombasa Law Court charge sheet.
However, Omari argued that she is a public officer mandated to counter check governance and her office is of immense importance to the people of Kenya.
Justice Mwita therefore 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.
Margaret Nyakang’o assumed her position as Controller of Budget on December 4th 2019 and has been in office since. Her duties mainly involve monitoring the use of public funds. This is both the national and county governments.
She then reports to the parliament on how the funds have been utilised and if any action has raised a red flag. A job that Nyakang’o has so far done to the best of her abilities.
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