Criminal case against embattled Controller of Budget Margaret Nyakang’o has been suspended after the Magistrate court was issued with the high court order.
Mombasa trial Magistrate Alex Ithuku directed the matter be mentioned on May 29 next year following the orders issued by the High Court.
“In view of the petition, the matter is to be mentioned on 29th May next year,” he said.
Nyakang’o was charged on December 5 with three counts of forgery, conspiracy to defraud and operating a Sacco without a License. She denied the charges and was released on sh 500,000 cash bail.
The High court issued orders last week stopping her prosecution following a petition filed by West Mugirango MP Stephen Mogaka through lawyer Danstan Omari.
The MP argued that her arrest and prosecution were meant to embarrass, harass and put her to shame for ulterior motives. He sued the Director of Public Prosecution and the Directorate of Criminal Investigations.
His lawyer, Danstan Omari argued that Nyakang’o was clean and that the Sh 29 million disputes had been litigated before courts where she was not a party.
He stated that she was also not aware of the saga that has now come to haunt her.
Omari noted the arrest and arraignment were conducted under orchestrated publicity and fanfare, violating her right to dignity with the intention of embarrassing, harassing and putting her to shame.”Further, the alleged offences lack a proper factual basis to give rise to criminal charges and are entirely founded upon civil matter that has been adjudicated before civil fora,” he said
He claimed that the arrest in the wake of her public exposes with regards to the fiscal improprieties in the running of various state arms and agencies. He said the arrest and prosecution is a knee-jerk reaction motivated by ulterior motives and unprecedented abuse of process.