Nairobi — A senior magistrate accused of accepting cash to influence a court sentence is headed to the dock after the Director of Public Prosecutions approved bribery charges against him and a probation officer allegedly caught in an EACC sting operation.
Kangema Senior Principal Magistrate Martin Kinyua Mutegi and Senior Probation Officer Julius Irungu Njogu face allegations of soliciting and receiving a bribe to influence the sentencing of a convicted businessman.
According to the EACC, the matter arose from a criminal case in which a Murang'a businessman had been convicted of obtaining money by false pretences and was awaiting sentencing on July 22.
Senior Principal Magistrate Martin Kinyua Mutegi of Kangema Law Courts and Senior Probation Officer Julius Irungu Njogu
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Investigators say that in mid-July, Njogu approached the businessman, claiming to be acting on behalf of Magistrate Mutegi, and demanded Sh170,000 to secure a probation report that would ensure the court imposed a non-custodial sentence instead of a prison term.
The businessman reported the alleged extortion to the EACC, which mounted a sting operation.
On July 21, EACC detectives arrested Mutegi and Njogu at a restaurant in Kangema Township after they allegedly received Sh150,000 from the complainant. The two were subsequently booked at Nyeri Central Police Station.
A day later, Judicial Service Commission (JSC) Chairperson and Chief Justice Martha Koome suspended Magistrate Mutegi and initiated disciplinary proceedings against him.
"The allegations are grave and, if proved, constitute a serious violation of the law, the Judicial Code of Conduct and Ethics, and the values that underpin the administration of justice," Koome said at the time.
JSC suspends magistrate in Sh170,000 bribery storm
"I have consistently stated that judges, judicial officers and members of staff cannot discharge justice with one hand and commit a crime with the other," she added.
In a statement issued Tuesday, the Office of the Director of Public Prosecutions said it had independently reviewed the inquiry file submitted by the EACC and found sufficient evidence to prosecute the two officials.
The DPP directed that Mutegi and Njogu be charged with receiving a bribe, contrary to Section 6(1) as read together with Section 18(1) of the Anti-Bribery Act.
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"The Office of the Director of Public Prosecutions remains committed to upholding the rule of law, safeguarding public interest, promoting fair administration of justice, and ensuring accountability where criminal conduct is established through investigations," the ODPP said.
The two suspects are expected to be arraigned before a court of competent jurisdiction to plead to the charges, while disciplinary proceedings against Mutegi continue before the Judicial Service Commission.
