This follows a petition filed by West Mugirango MP Stephen Mogaka who filed a case challenging the prosecution of Nyakang’o.
Justice Chacha Mwita directed parties to file and serve their papers and highlight submission on May 21, next year.
In the court papers, the legislator claims the arrest and prosecution of Nyakang’o was a violation of her rights
“The arrest comes in the wake of her public exposes with regards to the fiscal improprieties within the running of various state arms and agencies and is a manifestation of a knee-jerk reaction with ulterior motive,” he claims.
Nyakang’o was arrested on Tuesday and faces multiple criminal charges alongside 10 others in a case dating back to 2016.
The accused include Jackson Ngure Wanjau, Suran Kendi, James Makena Wanyagi, John Muchira Kithaka, Jane Karau Ndanyi, Muthoni Iphas, Joan Chumo, Mercy Ndura Mukora, Gregory Mwangangi Mailu, and Michael Kipkurui.
According to an inquiry file from the Directorate of Public Prosecutions (ODPP) to the Directorate of Criminal Investigations (DCI), the 11 are facing a variety of charges, including conspiracy to defraud, operating an unlicensed Sacco, forgery, and uttering false documents.
Deputy Director of Public Prosecutions Jacinta Nyamosi approved the criminal charges saying that after a thorough review, there was sufficient evidence to charge the suspects.
The file was resubmitted on November 14, 2022, and the ODPP directed the initiation of charges in a letter dated December 13, 2022.
