The High Court has prolonged the injunction halting the prosecution of Controller of Budget Margaret Nyakang’o until a full hearing and verdict take place.
Justice Chacha Mwita, overseeing the extension, instructed the Attorney General to submit their responses and directed all other involved parties to file their arguments within a 14-day period.
“We will proceed on 16th May for highlighting of submissions, interim orders are extended until the matter is heard and determined,” the court noted
Meanwhile, the Director of Public Prosecutions’ office has requested the court to dismiss the case, contending that their decision to initiate criminal proceedings was based on sufficient evidence and public interest, contrary to Nyakang’o’s claims.
The DPP argues that the Controller of Budget’s constitutional office does not grant immunity from prosecution for criminal offenses committed before, during, or after their tenure. Therefore, the prosecution of Dr. Margaret Nyakang’o is unrelated to her duties as the Controller of Budget.
Furthermore, the DPP asserts that the law does not prohibit criminal proceedings against individuals, even if civil action may be pursued simultaneously, as outlined in Section 193A of the criminal procedure code.
“Article 27 of the Constitution stipulates that all persons are equal before the law thus any person may be investigated and in appropriate cases prosecuted with any offence that the investigations may reveal,” reads the court papers.
She was charged in December last year over graft-related claims and proceeded to move to court through lawyers Danstan Omari and Shadrach Wambui, saying that charges before the Mombasa Law Court are a violation of her rights.
