Kangema Probation Officer Released On Sh400,000 Bail In Bribery Case

By Staff Writer

Kangema Principal Probation Officer Julius Irungu Njogu has been released on Sh400,000 cash bail by the Milimani Anti-Corruption Court after pleading not guilty to allegedly seeking money to influence the sentencing of a businessman at Kangema Law Courts.

The court also granted him an alternative bond of Sh800,000.

His co-accused, Senior Principal Magistrate Martin Kinyua Mutegi, did not appear to take plea. Mutegi’s lawyer told the court he was unwell. The court ordered him to appear on July 30 for plea taking.

Prosecutors say Njogu asked businessman Peter Njihia Njuguna for Sh170,000 on July 16, allegedly on behalf of Mutegi. The money was allegedly meant to secure a favourable sentence in Kangema Chief Magistrate’s Court Criminal Case No. E645 of 2024.

The arraignment followed a review by the Director of Public Prosecutions of an inquiry file submitted by the Ethics and Anti-Corruption Commission. In a statement, the ODPP said the evidence met the threshold to charge both men with receiving a bribe under Section 6(1), read with Section 18(1), of the Anti-Bribery Act.

“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, contrary to Section 6(1) as read with Section 18(1) of the Anti-Bribery Act,” the ODPP’s Public Affairs and Corporate Communications Division said.

The case stems from a complaint by a Murang’a businessman who, according to the EACC, was convicted on July 2 of obtaining money by false pretences and was due to be sentenced on July 22.

Investigators allege that Njogu approached the businessman, claiming he was acting on behalf of Mutegi, and demanded Sh170,000. The payment was allegedly meant to secure a favourable probation report and a non-custodial sentence instead of imprisonment.

The businessman reported the alleged demand to the EACC, which mounted an operation on July 21. Njogu and Mutegi were arrested at a restaurant in Kangema Township while allegedly receiving Sh150,000 from the complainant.

The two amounts refer to different stages of the alleged transaction. Investigators say Sh170,000 was requested, while Sh150,000 was allegedly handed over during the operation.

Both men were initially released on police bond as investigations continued. Njogu was re-arrested on Monday ahead of his arraignment at the Milimani Anti-Corruption Court.

Before Tuesday’s plea hearing, the EACC said Mutegi could not be presented in court after he allegedly failed to report following his release on police bond. The commission said he was later found in hospital and that it would take the necessary legal and procedural steps to bring him before court. His lawyer later told the court that he was ill.

“Consequently, the DPP has directed that the two suspects be charged immediately before a court of competent jurisdiction,” the ODPP’s Public Affairs and Corporate Communications Division said.

The allegations have also led to separate administrative action within the Judiciary. Chief Justice Martha Koome relieved Mutegi of judicial duties on July 22 pending administrative and disciplinary proceedings under the Judicial Service Act and applicable human resource policies.

Koome said the allegations would amount to a serious breach of the law and judicial ethics if proved, while stressing that Mutegi was still entitled to due process. The Judiciary also said it would cooperate with investigators and prosecutors.

Section 6 of the Anti-Bribery Act covers requesting, agreeing to receive, or receiving a financial or other advantage meant to induce improper performance of a function. A conviction under the law can carry a prison term of up to 10 years, a fine of up to Sh5 million, or both.

“The Office of the Director of Public Prosecutions (ODPP) 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.