By ADEN KIPRUTO
Suspended Kangema Senior Principal Magistrate Martin Kinyua Mutegi, who is facing corruption charges, has asked the court to defer his plea-taking pending the hearing and determination of an application he has filed at the High Court.
Kinyua appeared before Milimani Anti-Corruption Chief Magistrate Harrison Barasa, where his lawyers, Ng’arua Kamuya and Kamuri Gachoki, informed the court that they had filed a notice of motion seeking to defer the plea-taking.
The defence said the notice of motion was filed on August 18, 2026, seeking orders to postpone the plea pending the hearing and determination of an application filed at the High Court.
The lawyers argued that the Office of the Director of Public Prosecutions (ODPP) had not demonstrated what prejudice it would suffer if the plea was deferred to a later date.
They urged the court to postpone the plea-taking, noting that the High Court had scheduled September 21, 2026, for the hearing of their application.
The defence further argued that proceeding with the plea before the High Court considers the matter would prejudice their client and undermine his application for conservatory orders.
“Your honour, we urge this court to defer the plea-taking to a later date after September 21, 2026, to allow the High Court to hear and determine his application filed,” the defence submitted.
“Your honour, proceeding with plea-taking today before the High Court can sit to hear the conservatory application would irreparably prejudice the applicant,” the lawyers added.
However, the application was vehemently opposed by the prosecution, led by Senior State Counsel Duncan Odimu, who argued that Kinyua had not produced any stay order barring the lower court from taking his plea.
After hearing both sides, Magistrate Barasa set Monday, August 24, 2026, for a ruling on whether the plea-taking should be deferred until after September 21 or proceed as scheduled.
The court directed that Kinyua remain out on the cash bail granted to him by police until the ruling date.
“The second accused person (Kinyua) shall continue to enjoy the cash bail granted to him by police until Monday, August 24, 2026,” Barasa directed.
The magistrate also directed all parties to appear physically before him on the ruling date.
According to the charge sheet, Kinyua is facing a charge of receiving a bribe contrary to Section 6(1)(a), as read with Section 18(1) and (2) of the Anti-Bribery Act No. 47 of 2016.
The prosecution alleges that between July 16 and July 21, 2026, while at Kangema Township in Murang’a County, Kinyua requested a financial advantage of Sh170,000 from Peter Njihia Njuguna through principal probation officer Julius Irungu Njogu of Kandara.
According to the charge, the money was allegedly requested to enable Kinyua to pass a favourable sentence against Njihia, who was facing criminal charges and had been convicted at the Kangema Chief Magistrate’s Court.
In the second count, Kinyua is accused of receiving Sh150,000 on July 21, 2026, from Njihia through probation officer Julius Irungu for allegedly passing a favourable sentence against him.
