NAIROBI, Kenya Aug 24 – Suspended Kangema Senior Principal Magistrate Martin Kinyua Mutegi has been charged with receiving a bribe, bringing to court a corruption case that has been unfolding since his arrest by the Ethics and Anti-Corruption Commission (EACC) last month.
Mutegi was arraigned before the Milimani Anti-Corruption Court on Monday alongside Senior Probation Officer Julius Irungu Njogu, following a High Court decision that declined to grant conservatory orders blocking his prosecution.
The magistrate pleaded not guilty to the charges, which include receiving a bribe contrary to Section 6(1) as read with Section 18(1) of the Anti-Bribery Act.
The court granted Mutegi a bond of Sh800,000 with a surety of a similar amount, or an alternative cash bail of Sh400,000. The prosecution did not oppose the bail terms.
Chief Magistrate Harrison Barasa Omwima also directed Mutegi not to interfere with witnesses as the criminal proceedings continue.
The case stems from a July operation by the EACC in which Mutegi and Njogu were arrested at a restaurant in Kangema Township, Murang’a County, after investigators allegedly caught them receiving Sh150,000 in marked money.
The anti-graft agency had received a complaint from a Murang’a businessman who had been convicted of obtaining money by false pretences and was awaiting sentencing.
According to the prosecution’s case, the businessman was allegedly asked for Sh170,000 in exchange for securing a favourable sentence in the criminal matter. The money was allegedly sought through Njogu, who prosecutors said was acting on behalf of Mutegi.
The businessman had been convicted on July 2 and was scheduled to be sentenced on July 22, the day the EACC announced the arrests.
EACC said its operation culminated in the arrest of the two officials while they were receiving Sh150,000 from the complainant.
The Judiciary subsequently suspended Mutegi from judicial duties pending the conclusion of disciplinary and criminal proceedings. Chief Justice Martha Koome said the Judiciary maintained a zero-tolerance policy towards corruption and unethical conduct while emphasising that the magistrate was entitled to due process.
The prosecution was, however, temporarily delayed after Mutegi moved to the High Court seeking to stop his arrest and prosecution.
Justice Richard Mwongo initially issued conservatory orders suspending criminal proceedings against the magistrate after he challenged the decisions by the EACC and the Office of the Director of Public Prosecutions (ODPP) to charge him.
The High Court later declined to grant further orders stopping the prosecution, clearing the way for the DPP to proceed with the case.
Mutegi had also sought to have his plea deferred until his High Court application was heard and determined. His lawyers argued that proceeding with the plea before the High Court considered the application would prejudice their client. The prosecution opposed the request, arguing that the magistrate had not produced a stay order barring the lower court from taking his plea.
The High Court had scheduled the magistrate’s application for hearing on September 21, but the refusal to stop the criminal proceedings paved the way for Monday’s plea-taking.
His co-accused, Njogu, had earlier been charged with requesting a financial advantage contrary to the Anti-Bribery Act. Prosecutors alleged that on July 16, he requested Sh170,000 from businessman Peter Njihia Njuguna on behalf of Mutegi in exchange for a favourable sentence.
Njogu was released on a cash bail of Sh400,000 or an alternative bond of Sh800,000.
The DPP had approved the charges against the two officials after reviewing an inquiry file submitted by the EACC and concluding that there was sufficient evidence to sustain prosecution.
The latest development means Mutegi will now face the criminal proceedings alongside the internal disciplinary process initiated by the Judiciary.The case will come up for mention on September 7, 2026, when the court is expected to give further directions.
