The High Court has temporarily suspended the arrest and prosecution of Kangema Principal Magistrate Martin Kinyua Mutegi over allegations that he solicited a KSh170,000 bribe.
Justice Richard Mwongo issued conservatory orders staying Mutegi’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 charge him.
The development emerged during proceedings before the Milimani Anti-Corruption Chief Magistrate’s Court, where the court was informed that Mutegi was unable to appear because he is receiving treatment at a Nairobi hospital.
Defence lawyer Jura Akuda presented a medical report signed by Dr. Githiji of Ngara Comprehensive Health Services confirming that the magistrate has been admitted to the facility since July 27, 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 defence further informed the court that although summons issued on July 27 had been received, the magistrate’s medical condition prevented him from attending the proceedings.
ALSO READ:
- Judiciary Suspends Kangema Magistrate Martin Mutegi After Bribery Arrest
- EACC Arrests Kangema Magistrate, Probation Officer Over Alleged KSh150,000 Bribe
Prosecution counsel Eliphas Ombati and AbdiSalama Bore confirmed that they had also been served with a High Court order issued by the Embu High Court on July 28 suspending Mutegi’s prosecution.
Following the High Court directive, the prosecution said it would not seek a warrant of arrest against the magistrate and instead requested that the matter be mentioned on a later 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 matter is scheduled for mention before the Embu High Court on Thursday 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 scheduled the case for mention on August 19, 2026.
Njogu was charged on July 27, 2026, and pleaded not guilty to two counts of receiving a bribe contrary to Section 6(1)(a), read together with Section 18(1) and (2) of the Anti-Bribery Act, No, 47 of 2016.
According to the charge sheet, Njogu, who was serving as Principal Probation Officer at Kangema Law Courts, allegedly solicited KSh170,000 from Peter Njihia Njuguna on behalf of Principal Magistrate Martin Kinyua Mutegi on July 16, 2026.
The prosecution alleges 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 a second count, prosecutors allege that on July 21, 2o26, Njogu received KSh150,000 from Peter Njihia Njuguna in Kangema Township on behalf of the magistrate as consideration for securing a favourable sentence in the same criminal case, in which the complainant had already been charged and convicted.
Njogu was released on a cash bail of KSh400,000 pending the hearing and determination of the case.
