Controller of Budget (CoB) Margaret Nyakang’o received temporary relief when the High Court, on Thursday, December 7, 2023, issued conservatory orders, halting her prosecution.

This decision followed a petition by West Mugirango MP Stephen Mogaka. Justice Chacha Mwita, in his ruling, expressed satisfaction with the petition, considering it raised crucial questions.

Justice Chacha stated in his ruling, “A conservatory order is hereby issued, suspending the prosecution of Margaret Nyakang’o in Mombasa Chief Magistrate’s Criminal Case NO. E1674 OF 2023, Republic V Margaret Nyakang’o and 10 others until May 21, 2024.”

Nyakang’o faced arrest on Tuesday in Mombasa, with 11 charges, including conspiracy to defraud and operating an unlicensed Sacco.

he conservatory orders effectively prevent the Office of the Director of Public Prosecutions (ODPP) and Directorate of Criminal Investigations (DCI) from pursuing charges against her.

Both ODPP and DCI are named as respondents in the petition, and the court instructed them to submit responses within 14 days after being served.

The ruling further stated, “It is hereby ordered that the pleadings be served immediately on the respondents. The respondents will thereafter have 14 days after service to file and serve written submissions not exceeding 10 pages each.”

Margaret Nyakang’o picked from a conference in Mombasa

Nyakang’o was arrested on Tuesday, December 5, 2023, while attending a conference in Mombasa after being implicated in a complaint dating back to 2016.

Alongside 10 other individuals, she is slated to confront multiple charges, encompassing conspiracy to defraud as per Section 317 of the Penal Code.

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Additionally, she will face allegations of operating an unlicensed Sacco, a violation of Section 24 read with Section 66 of the Sacco Societies Act, 2008, as well as forgery and uttering a false document under the Penal Code.