Nyakang'o's co-accused summoned for plea-taking
Controller of Budget Margaret Nyakang’o while at the Mombasa Law Court on Tuesday where she denied fraud charges.
Ten people charged along with Controller of Budget, Dr Margaret Nyakang'o, have been ordered to appear in court on January 22 to enter pleas.
Mombasa Chief Magistrate Alex Ithuku had summoned Jackson Wanjau, Susan Kiambati, James Wanyangi, John Kithaka, Jane Ndayi, Muthoni Eliphas, Joan Chumo, Mercy Mukora, Gregory Mailu and Michael Kangogo to appear in court on Wednesday but they failed to show up.
Their lawyer, Kevin Michuki, told the court that the summons did not specify the purpose of their appearance and that they were not aware that they were to appear in court to enter a plea.
Mr Michuki told the court that the accused had also filed a constitutional petition challenging their prosecution and sought to have the case mentioned in June.
However, prosecutor Alex Gituma told the court that there were no orders suspending the prosecution of the 11 co-accused.
Mr Gituma said the accused were expected to attend court to enter pleas and that he had been informed by the investigating officer that they had been served with the summons via WhatsApp.
The prosecutor urged the court to extend the summons for the accused to be served with them physically.
Chief Magistrate Ithuku told the parties that the case was being mentioned for the ten accused to take plea.
Mr Ithuku also further informed the parties that an order of the High Court had been served on the court temporarily halting the proceedings against Dr Nyakang’o.
West Mugirango MP Stephen Mogaka has filed a petition at the High Court in Nairobi arguing that Dr Nyakang’o’s arrest and prosecution were meant to embarrass, harass and put her to shame for ulterior motives.
The magistrate directed that the case against Dr Nyakang'o be mentioned on May 29 after the hearing of the High Court case.
Dr Nyakang’o was charged with falsely defrauding Ms Claudia Mueni Mutungi Sh29 million.
The CoB who was charged alongside the ten also faces other charges of operating a Sacco without a license and forgery.
She denied the charges and was released on a Sh2 million bond with a surety of similar amount or an alternative of Sh500,000 cash bail.
Ms Nyakang’o allegedly with intent to defraud jointly pretended that they were carrying on a genuine investment product, FEP SACCO ADVANTAGE (Mavuno) and falsely defrauded Ms Mutungi.
The accused is also alleged to have jointly been found transacting a financial business, FEP Sacco Society Limited without a valid license from the Sacco Societies Regulatory Authority.
The offences are alleged to have been committed on diverse dates between November 1 2019 and May 1 2020 at an unknown place within the country.
Ms Nyakang’o is also alleged to have on December 2 2019 at FEP Sacco Society Limited in Mombasa, with intent to defraud and without lawful authority, in the FEP Sacco membership application form, forged the signature of Ms Mutungi.
Mr Wanjau, Ms Kiambati, Mr Wanyangi, Mr Kithaka, Ms Ndayi, Ms Eliphas, Ms Chumo, Ms Mukora, Mr Mailu and Mr Kangogo all face the same charges as Dr Nyakang’o. Mr Wanjau faces another charge of uttering a false document.
