Nyakang’o criminal case put off pending determination of case that suspended her prosecution.
Embattled controller of budget Margaret Nyakang’o criminal case in Mombasa has been put off pending determination of the case that suspended her prosecution.
The case was mentioned today before Chief Magistrate Alex Ithuku for directions and the court was informed of the order stopping her prosecution.
Nyakang’o through her Lawyer Danstan Omari told court that they had already served the high court order to the court.
Last week, Nyakang’o got relief after the high court suspended her prosecution pending hearing of case filed challenging her arrest and prosecution.
This is after West Mugirango MP Stephen Mogaka moved to court challenging Nyakang’o prosecution arguing that she holds a constitutional office so due process has to be followed
Justice Chacha Mwita has issued orders suspending her prosecution until May 21 next year when the case will be heard.
Magistrate Ithuku suspended the case and fixed a mention date for May 29 when the court will be given an update on the high court petition.
Nyakang’o was dramatically arrested last week and charged before a Mombasa court with several
Counts of fraud including operating a Sacco without a license.
The charge sheet has 10 others who include Jackson Wanjau,Susan Kendi,James Wanyagi, John Kithaka, Jane Ndanyi, Muthoni Elphas, Joan Chumo, Mercy Mukora,Gregory Mailu and Michael Kipkurui.
Interestingly, the other 10 were not arrested and have yet to take plea like Nyakang’o. According to the charge sheet, on diverse dates between November 1 2019 and May 1 2020 at an unknown place in the country, they jointly with intent to defraud pretended that they were carrying on a genuine investment called FEP Sacco Advantage and falsely defrauded Sh 29 Million from Claudia Mutungi.
The new development means the Mombasa matter is suspended pending hearing of the case by Mogaka.
In the case, Mogaka through lawyer Danstan Omari challenged Nyakang’o prosecution saying it was illegal and witchunt.
