The embattled Controller of Budget, Margaret Nyakang'o, received a reprieve, albeit temporarily, as the High Court intervened to halt her prosecution on Thursday.
The court's decision followed a petition filed by West Mugirango MP Stephen Mogaka, who contested the legality of Nyakang'o's arrest and prosecution.
Justice Chacha Mwita presided over the case and directed the involved parties to submit their papers and present arguments on May 21 next year, setting the stage for a thorough examination of the matter.
In the court documents, MP Stephen Mogaka asserted that Nyakang'o's arrest violated her rights.
He contended that the legal actions against her were a consequence of her public revelations concerning fiscal improprieties within various state arms and agencies.
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Mogaka argued that the arrest was a knee-jerk reaction with ulterior motives, emphasizing the orchestrated nature of the arrest and arraignment.
“The arrest comes in the wake of her public exposes with regards to the fiscal improprieties within the running of various state arms and agencies and is a manifestation of a knee-jerk reaction with ulterior motive,” Mogaka alleged.
Representing Mogaka, lawyer Danstan Omari emphasized that the arrest and subsequent court proceedings were conducted with orchestrated publicity, violating Nyakang'o's dignity and aiming to embarrass and harass her.
The intention, as per the legal defence, was to subject her to public shame.
Nyakang'o, along with 10 others, faces multiple criminal charges dating back to 2016.
The charges, including conspiracy to defraud, operating an unlicensed Sacco, forgery, and uttering false documents, were approved by Deputy Director of Public Prosecutions Jacinta Nyamosi after a comprehensive review revealed sufficient evidence.
The Directorate of Public Prosecutions (ODPP) initially approved the charges on November 14, 2022, with a subsequent directive for charges initiation on December 13, 2022.
Notably, the file was resubmitted for additional directions on October 31, 2023, reflecting ongoing developments in the case.
As the legal battle unfolds, the temporary halt to Nyakang'o's prosecution introduces a critical juncture in a case that intertwines allegations of fiscal improprieties and violations of individual rights.
The court's upcoming scrutiny on May 21 promises a thorough examination of the legal intricacies surrounding the Controller of Budget's arrest and the subsequent criminal charges.