Embattled controller of budget Margaret Nyakang’o got temporary relief after the high court suspended her prosecution pending hearing of case filed challenging her arrest and prosecution.
West Mugirango MP Stephen Mogaka moved to court yesterday challenging Nyakang’o prosecution arguing that she holds a constitutional office so due process has to be followed.
Justice Chacha Mwita has this afternoon given Nyakang’o relief by suspending her prosecution until May 21 next year when the case will be heard.
Nyakang’o was dramatically arrested early this 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.
