After weeks of moving both the high courts and magistrate courts seeking to be shielded against prosecution, at last the curtains were drawn and the prosecution came beckoning.
Eventually Kangema Senior Principal Magistrate Martin Mutegi took the dock at Milimani Anti-Corruption Court where he pleaded "Not Guilty".
He faced two counts of receiving a bribe of KES 170,000 in order to pass a reasonable sentence to a convict.
Mutegi answered the two counts of demanding and receiving the bribe allegedly through a senior probation officer Julius Irungu.
He was arraigned before the Milimani Anti-Corruption Court chief magistrate Harrison Barasa on August 24, 2026.
Mr Mutegi denied the graft charges befor chief magistrate Harrison Barasa.
The prosecution of Mr Mutegi followed a dismissal of an objection he had raised urging plea deferral awaiting the outcome of an application he filed at the High Court at Embu before Justice Richard Mwongo.
On July 28, 2026, Mr Mutegi got a reprieve after a High Court judge sitting in Embu barred police from arresting him and presenting him to stand trial alongside a senior principal probation officer Julius Irungu in the graft case.
In the ruling Mr Barasa said, “There is no express order stopping this court or any other anti-corruption court from prosecuting Mr Mutegi.”
Added,“In the absence of such express orders this court calls upon the accused to plead to the two counts of corruption.”
The magistrate noted that when the probation officer Mr Irungu was charged the judicial officer was admitted at a city hospital.
Justice Mwongo had slammed breaks on the police and the Ethics and Anti-Corruption Commission (EACC) officers from arresting and presenting the magistrate to stand trial.
However the prosecution through a prosecuting counsel Duncan Ondimu leading two others Eliphaz Ombati and Abdisalam Bore urged the court to summon the accused to answer the charges saying there is no express order prohibiting the DPP from prosecuting the magistrate.
Mr Barasa upheld the application by the DPP and ordered the magistrate to answer the charges.
Dressed in a navy bluse suit, a white shirt and a red tie, Mr Mutegi took the witness stand alongside Mr Irungu to take plea.
Upon the charges being read by the court clerk he confidently answered “Not Guilty.”
Mr Mutegi was charged that Kangema Township in Murang'a County, he received a corruptly received a benefit KES 150,000 from Peter Njihia Njuguna, in exchange for a favourable sentence in a criminal case, in which Peter Njihia had already been charged and convicted.
Mr Mutegi is also accused of demanding a benefit of KES 170,000 from Mr Njihia so as to hand down a favourable sentence.
Five defense lawyers led by Mr Jura Akude applied for the release of the accused on a reasonable cash bail saying he is a judicial officer of long standing who understands very well the effects of jumping bond.
“I urge this court to take judicial notice Mr Mutegi is a judicial officer of long standing. He is not a flight risk and will turn up in court to face his accusers. He will abide with terms to be imposed and he will not interfere with witnesses,” Mr Akude urged.
The defense applied to be furnished with witness statements.
Mr Ondimu said the prosecution was not opposed to the release of the accused on bond.
Mr Ondimu said the witness statements will be collected from EACC Offices at Nyeri on Wednesday, August 26, 2026.
In a brief ruling Mr Barasa released the accused on a bond of KES 800,000 with one surety of similar amount.
He also gave him an alternative cash bail of KES 400,000.
Mr Barasa said the bail terms are similar to those imposed on Mr Irungu who was charged last month.
The case will be mentioned in two weeks for pre-trial directions.
