High Court Extends Orders Stopping Prosecution Of Controller Of Budget Margaret Nyakang'o

 In a hurry? Here’s a quick summary…

• The High Court has extended orders halting the prosecution of Controller of Budget Margaret Nyakang'o until a full hearing and determination of the matter. Justice Chacha Mwita instructed the Attorney General and other parties involved to submit their responses and arguments within 14 days, with further proceedings scheduled for May 16th.

• The Director of Public Prosecutions (DPP) has contested Nyakang'o's claims, arguing that her constitutional office does not grant immunity from prosecution for alleged criminal acts. 

File Image of Mragaret Nyakang'o. Photo/ Courtesy

The High Court has prolonged the orders restraining the prosecution of Controller of Budget Margaret Nyakang'o until the case is heard and adjudicated upon. 

Justice Chacha Mwita, in extending the orders, directed the Attorney General to submit responses and instructed all involved parties to file their submissions within a 14-day timeframe. 

The court set May 16th for the highlighting of submissions, underscoring that interim orders would persist until the case reaches a final resolution.

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Simultaneously, the Office of the Director of Public Prosecutions (DPP) has petitioned the court to dismiss the case, contending that the criminal proceedings were initiated based on sufficient evidence and public interest, contrary to Nyakang'o's claims. 

The DPP argues that the constitutional office held by the Controller of Budget does not confer immunity from prosecution for alleged criminal acts committed before, during, or after their tenure. Thus, the prosecution of Dr. Margaret Nyakang'o is unrelated to her official functions.

The DPP cites Section 193A of the criminal procedure code, asserting that the law permits criminal proceedings against individuals irrespective of concurrent civil actions. 

Emphasizing the principle of equality before the law enshrined in Article 27 of the Constitution, the DPP contends that any person may be investigated and, if necessary, prosecuted for offenses uncovered during investigations.

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Dr. Nyakang'o, represented by lawyers Danstan Omari and Shadrach Wambui, brought the matter before the court, alleging that the charges brought against her in December of the preceding year infringed upon her rights. 

The case highlights the complex intersection of legal principles, constitutional rights, and the responsibilities associated with public office.