It is another win for Controller of Budget Margaret Nyakang’o after the High court barred the state from arresting, charging and even prosecuting her over the Ksh6 billion controversial buyout of Telkom Kenya.
Justice Chacha Mwita issued the temporary orders until March 13 next year when the case will be heard.
“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 March 13, 2024,” read the order by the Judge.
Nyakang’o moved to the high court through lawyers Danstan Omari and Shadrack Wambui saying she was fearful that the respondents; Ethics and Anti-corruption Commission(EACC), the Director of Public Prosecutions(DPP) and the Attorney General were devising a plan to have her charged in order to remove her from office.
According to her lawyers, the Controller of Budget tribulations emanate from her recent whistle blowing where she indicated that she was forced to approve release of sh 15 billion .
The lawyers argue she is being pursued to satisfy ulterior political motives while publicly and calculatedly creating an impression in the mind of the public that she is guilty which violates her right to a fair trial and the presumption of innocence.
“The respondents are on the verge of being abused and misused to harass and intimidate her to achieve extraneous political purposes unconnected with upholding the law and objectives of the system of the administration of justice,” argued Omari.
According to her lawyers she has not committed any offence nor has she been involved in any criminal activity .