The High Court has temporarily stopped the arrest and prosecution of Kangema Principal Magistrate Martin Kinyua Mutegi over allegations of soliciting a KSh170,000 bribe.
Justice Richard Mwongo issued orders staying the magistrate’s arrest and arraignment pending the hearing and determination of an application seeking to quash the decision by the Ethics and Anti-Corruption Commission (EACC) and the Director of Public Prosecutions (DPP) to prosecute him.
The orders emerged during proceedings before the Milimani Anti-Corruption Chief Magistrate’s Court, where the court was informed that Mutegi was unable to attend because he is unwell and admitted to a Nairobi hospital.
Defence lawyer Jura Akude presented a medical report signed by Dr Githiji of Ngara Comprehensive Health Services, confirming that the magistrate had been admitted to the facility since 27 July 2026.
“The second accused is not in court. He is sick and has been admitted to hospital since July 27, 2026,” Akude told the court.
The lawyer further informed the court that the defence had received summons issued on 27 July but said it was unfortunate that their client could not attend due to his medical condition.
However, prosecution counsel Eliphaz Ombati and AbdiSalama Bore informed the court that they had also received a High Court order issued on 28 July by the Embu High Court suspending the prosecution of the magistrate.
In light of the High Court’s directive, Ombati said the prosecution would not seek a warrant of arrest against Mutegi and instead requested the court to set a mention date.
“The defence appears not to have been properly instructed since they withheld information concerning the High Court orders from this court,” Ombati submitted.
The High Court matter is scheduled for mention on Thursday at the Embu High Court for further directions.
Meanwhile, Anti-Corruption Chief Magistrate Harrison Baraza directed the prosecution to supply witness statements to the first accused, Julius Irungu Njogu, and fixed the case for mention on 19 August 2026.
Njogu was charged on 27 July 2026 and pleaded not guilty to two counts of receiving a bribe contrary to Section 6(1)(a), as read together with Section 18(1) and (2) of the Anti-Bribery Act, No. 47 of 2016.
According to the charge sheet, on 16 July 2026 at Kangema Law Courts in Murang’a County, Njogu, who was serving as the Principal Probation Officer at Kangema Law Courts, allegedly solicited a financial advantage of KSh170,000 from Peter Njihia Njuguna on behalf of Principal Magistrate Martin Kinyua Mutegi. The prosecution alleges that the money was intended to influence the magistrate to impose a favourable sentence in Kangema Chief Magistrate’s Court Criminal Case No. E645 of 2024.
In the second count, the prosecution alleges that on 21 July 2026, at Kangema Township in Murang’a County, Njogu received KSh150,000 from Peter Njihia Njuguna, allegedly on behalf of Magistrate Mutegi, as consideration for securing a favourable sentence in the same criminal case, in which Peter Njihia had already been charged and convicted.
Njogu was released on a cash bail of KSh400,000 pending the hearing of the case.
