NAIROBI, Kenya July 28 – The Director of Public Prosecutions (DPP) has approved bribery charges against a senior magistrate and a probation officer accused of soliciting a bribe to influence the outcome of a criminal case.
The Office of the Director of Public Prosecutions (ODPP) said there is sufficient evidence to prosecute Senior Principal Magistrate Martin Kinyua Mutegi of Kangema Law Courts and Senior Probation Officer Julius Irungu Njogu.
According to the DPP, the decision followed an independent review of an inquiry file submitted by the Ethics and Anti-Corruption Commission (EACC).
“Upon an independent and thorough review of the inquiry file, the DPP has established that there is sufficient evidence to charge the two suspects with the offence of Receiving a Bribe,” the ODPP said.
The DPP directed that the two suspects be charged immediately before a court of competent jurisdiction.
“Consequently, the DPP has directed that the two suspects be charged immediately before a court of competent jurisdiction,” the statement added.
The case stems from investigations by the EACC into claims that the two suspects demanded Sh170,000 from a Murang’a businessman who had already been convicted in a criminal case and was awaiting sentencing.
Investigators allege that the probation officer approached the complainant, claiming to be acting on behalf of the magistrate, and promised that the money would secure a favourable probation report recommending a non-custodial sentence instead of imprisonment.
An EACC operation later led to the arrest of the two suspects at a restaurant in Kangema Township while they were allegedly receiving Sh150,000 from the complainant.
The criminal charges come just days after Chief Justice and Judicial Service Commission (JSC) Chairperson Martha Koome suspended Mutegi from judicial duties pending disciplinary proceedings.
Koome described the allegations as serious and said the Judiciary would not tolerate corruption within its ranks.
“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.
She reaffirmed the Judiciary’s commitment to integrity, adding:
“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.”
The ODPP said it remains committed to protecting the rule of law and ensuring those found to have engaged in criminal conduct are held accountable.
“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 statement said.
The case is expected to proceed before the courts as both criminal and disciplinary processes continue.
