High Court, on Thursday, handed a momentary relief to the Controller of Budget (CoB) Margaret Nyakang'o after issuing conservatory orders suspending her prosecution.
In his ruling, Justice Chacha Mwita barred the Office of the Director of Public Prosecutions (ODPP) and Directorate of Criminal Investigations (DCI) from pressing charges against the State Officer.
"A conservatory order is hereby issued suspending the prosecution of Margaret Nyakang'go in Mombasa Chief Magistrate's Criminal Case NO. E1674 OF 2023, Republic V Margaret Nyakang'o and 10 others until May 21, 2024," the ruling read in part.
Justice Mwita's ruling followed a petition filed by West Mugirango Member of Parliament Stephen Mogaka, who claimed Nyakango's arrest was politically instigated.
"I am satisfied that the petition raises pertinent questions. It is hereby ordered that the pleadings be served immediately on the respondents," the ruling read in part.
The ODPP and DCI who had been listed as respondents were ordered to file and serve responses to the petition within 14 days after service.
"The respondents will thereafter have 14 days after service to file and serve written submissions not exceeding 10 pages each," Mwita ordered further.
Mogaka, who comes from the Kisii region, told the court that Nyakang'o was being harassed due to her diligence in exposing financial improprieties in various arms of the government.
Leaders from the Kisii region led by Nyamira Senator Okongó Omogeni and Mogaka had on Wednesday defended Nyakang'o, who hails from West Mugirango after her high-profile arrest.
Naykang'o was arrested on Tuesday with 11 charges levelled against her, including conspiracy to defraud and operating an unlicensed Sacco.
The CoB is also facing charges of forgery and uttering false documents.
Azimio leader Raila Odinga in a statement on Wednesday, stated that the charges did not come as a surprise, terming them as a political witchhunt.
"EACC will find it difficult to convince Kenyans about (her charges), at a time Kenyans are wreathing under full-blown corruption," the former Prime Minister stated and promised to offer Nyakango his full support.
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