The High Court has temporarily stopped the arrest and prosecution of Kangema Principal Magistrate Martin Kinyua Mutegi over allegations of soliciting a KSh170,000 bribe.
Justice Richard Mwongo issued orders staying the magistrate’s arrest and arraignment pending the hearing and determination of an application challenging the decision by the Ethics and Anti-Corruption Commission and the Director of Public Prosecutions to charge him with corruption related offences.
The development emerged before the Milimani Anti-Corruption Chief Magistrate’s Court, where the prosecution informed the court that it had received the High Court order suspending the proceedings against the magistrate. Earlier, defence lawyer Jura Akude had told the court that Mutegi was unable to attend because he had been admitted to hospital since July 27. Akude produced a medical report signed by Dr. Githiji of Ngara Comprehensive Health Services confirming that the magistrate was receiving treatment.
“The second accused is not in court. He is sick and has been admitted since July 27, 2026,” Akude told the court, adding that although they had received court summons issued on July 27, his client was unable to appear due to his medical condition.
However, prosecutors Eliphaz Ombati and Abdisalama Bore informed the court that they were already in possession of a High Court order issued on July 28 by Justice Mwongo staying the prosecution. Ombati said that in light of the order, the prosecution would not seek a warrant of arrest against the magistrate and instead requested another mention date. The High Court matter is scheduled for mention at the Embu High Court on Thursday for further directions.
Meanwhile, Chief Magistrate Harrison Baraza directed the prosecution to supply witness statements to the first accused, Julius Irungu Njogu, and scheduled the case for mention on August 19.
