High court judge Chacha Mwita has issued orders stopping police ,EACC and the DPP from arresting,charging and prosecuting Margaret Nyakango over the telecom saga .
O”A conservatory order is hereby issued restraining the respondents from arresting, charging
or prosecuting the petitioner in relation
to matters pertaining to her duties as the Controller of Budget until 13th March 2024,” reads the order
Inthe case the embattled Controller of Budget Nyakango claims that she is apprehensive that the respondents are devising a planing including having her charged in a bid to remove her from office.
According to her lawyers Danstan Omari, Nyakango says that the respondents are onthe verge of being abused and misuse to harass and intimidate her .
She says that she has not committed any offence nor has she been involved in any criminal activity .
“The applicant invited this court to insist on defending the rule of law and due process to avert any imminent excess by politically connected individual in government,”reads the application
Inspector General of Police, DCI and DPP have been sued in an attempt to block their offices from the criminal charges levelled against Controller of Budget Margaret Nyakang’o.
The petition filed by Nyamira Member of Parliament Stephen Mogaka lists the office of the Director of Public Prosecutions and the Directorate of Criminal Investigation as respondents and it is seeking the Court to block them from investigating the controller of Budget.
According to the petitioner, Nyakang’o’s arrest and arraignment in a Mombasa Law Court violated her rights.
- The lawmaker in his court papers pleads with the court to prohibit the Inspector General of Police, DCI, and DPP from investigating and prosecuting Margaret Nyakang’o.
Nyakang’o and 11 others facing various fraud-related charges dating back to 2016.
Mogaka, who comes from the Kisii region, told the court that Nyakang’o was being harassed due to her diligence in exposing financial improprieties in various arms of the government.
Leaders from the Kisii region led by Nyamira Senator Okongó Omogeni and Mogaka had on Wednesday defended Nyakang’o, who hails from West Mugirango after her high-profile arrest.
Naykang’o was arrested on Tuesday with 11 charges levelled against her, including conspiracy to defraud and operating an unlicensed Sacco.
The CoB is also facing charges of forgery and uttering false documents.
Azimio leader Raila Odinga in a statement on Wednesday, stated that the charges did not come as a surprise, terming them as a political witchhunt.
“EACC will find it difficult to convince Kenyans about (her charges), at a time Kenyans are wreathing under full-blown corruption,” the former Prime Minister stated and promised to offer Nyakango his full support.
