High Court Extends Order to Stop Prosecution of Controller of Budget Margaret Nyakan’go

High Court has extended orders stopping the prosecution of Controller of Budget Margaret Nyakang’o until the matter is heard and determined.

Justice Chacha Mwita while extending the orders directed the Attorney General to file his responses and directed other parties in the matter 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 saying that in instituting 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 the Controller of Budget holds does not enjoy immunity from prosecution for criminal acts committed before, during or after their term in office thus the prosecution of Dr. Margaret Nyakang’o in has absolutely nothing to do with the exercise of her functions as the Controller of Budget

He says that the law does not bar criminal proceedings against anyone even where civil action may be considered alongside the criminal proceedings by dint of 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.

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