The High Court has issued a temporary order halting the arrest and prosecution of Kangema Principal Magistrate Martin Kinyua Mutegi, who faces allegations of soliciting a Sh170,000 bribe.
Justice Richard Mwongo granted conservatory orders suspending any criminal proceedings against Mutegi following his legal challenge against the charges filed by the Ethics and Anti-Corruption Commission (EACC) and the Director of Public Prosecutions (DPP).
During proceedings at the Milimani Anti-Corruption Chief Magistrate's Court, prosecutors informed the court that they had received the High Court directive, which effectively stays the case against Mutegi.
Mutegi's defense lawyer, Jura Akude, explained that the magistrate was absent due to hospitalization since July 27, supported by a medical report from Ngara Comprehensive Health Services. Despite receiving court summons on the same date, Mutegi was unable to attend due to his illness.
Prosecutors Eliphaz Ombati and Abdisalama Bore confirmed they would not seek a warrant for Mutegi's arrest in light of the High Court order and requested a new mention date. The High Court case challenging the prosecution's decision is scheduled to be heard at the Embu High Court.
Meanwhile, proceedings against the co-accused, Julius Irungu Njogu, continue. Chief Magistrate Harrison Baraza directed the prosecution to provide the defense with witness statements and evidence before the next hearing on August 19.
The High Court's intervention ensures no criminal action can proceed against Magistrate Mutegi until his challenge to the charges is fully determined.
