The Ethics and Anti-Corruption Commission (EACC), Director of Public Prosecutions (DPP), and National Police Service (NPS) have jointly requested the High Court in Embu to dismiss a constitutional petition filed by Kangema Principal Magistrate Martin Kinyua Mutegi.
In their separate responses, the agencies argue that the petition is an attempt to obstruct a legitimate corruption prosecution. They emphasize that the criminal proceedings against Magistrate Mutegi were initiated following proper procedures and should continue at the Milimani Anti-Corruption Court, where Mutegi has already been summoned to enter a plea.
Jurisdiction and Forum Shopping Allegations
The respondents claim that the petition was filed in the wrong court, noting the alleged constitutional breaches occurred in Kangema Township, Murang'a County, the location of the investigation and arrest. They describe the petition as an abuse of court process and forum shopping, insisting the High Court in Murang'a is the appropriate venue for the matter.
Constitutional Mandates and Investigative Process
The DPP and police assert their actions fall within their independent constitutional roles under Articles 157 and 245. They caution against judicial interference in lawful prosecutorial and investigative activities.
Investigations were completed by police before the case file was handed to the DPP, who independently reviewed the evidence and authorized charges. The agencies maintain that challenges to the evidence’s credibility should be addressed during the criminal trial, not through constitutional petitions.
Opposition to Suspension of Prosecution
The respondents also oppose Magistrate Mutegi’s request for conservatory orders to halt the prosecution, arguing such a move would undermine public interest and the constitutional principles of integrity and accountability expected from public officials under Chapter Six.
They contend that Mutegi has not demonstrated exceptional circumstances or irreparable harm that would justify stopping the criminal case.
EACC’s Defense of Investigation
EACC investigator Kipkirui Yegon, in a replying affidavit, defended the commission’s conduct during the investigations and the sting operation conducted on July 21, 2026. He stated that the commission acted strictly within its constitutional and statutory mandates targeting corruption and related offences.
Yegon described the petition as misconceived and an abuse of court process, emphasizing that judicial officers cannot use constitutional litigation to evade corruption investigations or prosecution. He further justified EACC’s decision to publicize the operation and urged the court to dismiss the petition with costs.
