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

 

The High Court has extended orders barring the prosecution of Controller of Budget Margaret Nyakang'o until the matter is heard and decided.

While extending the orders, Justice Chacha Mwita directed the Attorney General to file his responses and the other parties involved in the case to file their submissions within 14 days.

"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 Office of the Director of Public Prosecutions has asked the court to dismiss the case, claiming that in initiating the criminal proceedings, it acted on the basis of sufficiency of evidence and public interest, contrary to what the Nyakang'o alleges.

The DPP argues that the constitutional office held by the Controller of Budget does not enjoy immunity from prosecution for criminal acts committed before, during, or after their term in office, so the prosecution of Dr. Margaret Nyakang'o has absolutely nothing to do with the exercise of her functions as the Controller of Budget.

He claims that the law does not prohibit criminal proceedings against anyone, even if civil action can be considered alongside criminal proceedings under 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.

Dr Nyakang'o moved to court, through lawyers Danstan Omari and Shadrach Wambui, saying that charges before the Mombasa Law Court are a violation of her rights.

Nyakang'o was charged in December last year.