Kangema Law Courts Senior Principal Magistrate Martin Mutegi denied two counts when he was arraigned before the Milimani Anti-Corruption Court on August 24, 2026.
The prosecution of Mr Mutegi followed the dismissal of an objection he had raised, seeking to defer his plea pending the outcome of an application he had filed at the High Court in Embu before Justice Richard Mwongo.
On July 28, 2026, Mr Mutegi got a reprieve after a High Court judge sitting in Embu barred police from arresting him and presenting him for trial alongside Senior Principal Probation Officer Julius Irungu in the graft case.
In the ruling, Mr Barasa said: “There is no express order stopping this court or any other anti-corruption court from prosecuting Mr Mutegi.”
He added: “In the absence of such express orders, this court calls upon the accused to plead to the two counts of corruption.”
The magistrate noted that when the probation officer, Mr Irungu, was charged, Mr Mutegi was admitted to a city hospital.
Justice Mwongo had put the brakes on police and Ethics and Anti-Corruption Commission (EACC) officers from arresting and presenting the magistrate to stand trial.
However, the prosecution, through counsel Duncan Ondimu, leading Eliphaz Ombati and Abdisalam Bore, urged the court to summon the accused to answer the charges, saying there was no express order prohibiting the Director of Public Prosecutions from prosecuting the magistrate.
Dressed in a navy-blue suit, a white shirt and a red tie, Mr Mutegi took the witness stand alongside Mr Irungu to take plea.
Upon the charges being read by the court clerk, he confidently answered: “Not guilty.”
Mr Mutegi was charged that, in Kangema Township, Murang’a County, he corruptly received a benefit of Sh150,000 from Peter Njihia Njuguna in exchange for a favourable sentence in a criminal case in which Mr Njihia had already been charged and convicted.
Mr Mutegi is also accused of demanding a benefit of Sh150,000 from Mr Njihia in order to hand down a favourable sentence.
Five defence lawyers, led by Mr Jura Akude, applied for the release of the accused on reasonable cash bail, saying he is a judicial officer of long standing who understands very well the consequences of jumping bail.
“I urge this court to take judicial notice that Mr Mutegi is a judicial officer of long standing. He is not a flight risk and will turn up in court to face his accusers. He will abide by the terms to be imposed and he will not interfere with witnesses,” Mr Akude urged.
Mr Ondimu said the witness statements would be collected from the EACC offices in Nyeri on Wednesday, August 26, 2026.
In a brief ruling, Mr Barasa released the accused on a bond of Sh800,000 with one surety of a similar amount.
He also gave him an alternative cash bail of Sh400,000.
Mr Barasa said the bail terms were similar to those imposed on Mr Irungu, who was charged last month.
