In a rare occurrence, the Office of the Director of Public Prosecutions (ODPP) has approved criminal charges against Hon. Martin Kinyua Mutegi, the (now suspended) Senior Principal Magistrate at Kangema Law Courts, and Julius Irungu Njogu, a Senior Probation Officer, Kangema.
The two are accused of soliciting and receiving a bribe to influence a favourable sentence in a criminal case before the Kangema Law Courts. According to the EACC, the probation officer allegedly demanded KSh 170,000 from a convicted businessman awaiting sentencing — claiming to act on behalf of the magistrate — in exchange for a probation report that would secure a non-custodial sentence. The two were arrested in a sting operation on 21st July after allegedly receiving KSh 150,000 at a restaurant in Kangema Township. The charges are under the Anti-Bribery Act, and disciplinary proceedings against the magistrate are separately ongoing before the Judicial Service Commission. The Probation officer has already taken plea but the magistrate is said to be unwell and didn’t take the plea.
This is not the first time a judicial officer has found themselves on the wrong side of the law.
The then Mombasa Principal Magistrate Edgar Kagoni was arrested by the Directorate of Criminal Investigations (DCI) over the loss of exhibits — specifically, 10 kilograms of heroin — but the High Court in Malindi quashed the criminal charges.
In another instance, Nyeri Resident Magistrate Pauline Maisy Omung’ala was arrested and charged with the murder of her husband, lawyer Robert Chesang, who was shot dead at their home in Machakos County. She was later released on bail, but the ultimate fate of that case is unknown to our team — anyone with details is welcome to share.
The pace with which the DPP has moved on the Kangema matter suggests that the recent boycott of courts by lawyers is beginning to bear fruit. Corruption in the Judiciary remains a grave concern, and it is comforting to see such action being taken. It is our hope that more consistent action follows, to rid the Judiciary of this menace once and for all.
We also hope that no court order will be sneaked in from the High Court to stop this prosecution. The accused are, of course, presumed innocent until proven guilty.
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