Judiciary Issues Statement After Arrest of Magistrate, Probation Officer

Chief Justice Martha Koome has issued a statement following the arrest of Kangema Law Courts Senior Principal Magistrate Martin Kinyua Mutegi and a Probation Officer, Julius Irungu Njogu, over allegations of soliciting and receiving a bribe.

The arrests were announced by the Ethics and Anti-Corruption Commission (EACC) on Wednesday, July 22, prompting Koome to address the allegations and outline the steps being taken by the Judiciary and the Judicial Service Commission.

"My attention has been drawn to the statement issued by the Ethics and Anti-Corruption Commission (EACC) regarding the arrest of Hon. Martin Kinyua Mutegi, Senior Principal Magistrate at Kangema Law Courts, together with a Probation Officer, over allegations of soliciting and receiving a bribe in connection with a matter pending before the court.

"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," she said in a statement.

Koome said the Judiciary maintains a strict position against corruption and unethical conduct, stressing that judicial authority must be exercised in accordance with constitutional values.

"The Judiciary has consistently maintained a policy of zero tolerance to corruption and all forms of unethical conduct. Judicial authority is exercised on behalf of the people of Kenya and must always be guided by the constitutional values of integrity, impartiality, accountability, transparency, and the rule of law. 

"Any conduct that undermines public confidence in the administration of justice strikes at the very foundation of the Judiciary," the statement added.

Koome reiterated that judicial officers and Judiciary staff have a heightened responsibility to obey the law and uphold the same standards of integrity expected from those who appear before the courts.

"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. Those entrusted with the administration of justice bear an even greater responsibility to uphold the law and exemplify the integrity they require of others," the statement further read.

Koome said the Judiciary would respect the right to due process while making clear that allegations of criminal or unethical conduct would not be shielded if established.

"While every person against whom allegations are made remains entitled to due process, the Judiciary will not shield or condone criminal or unethical conduct by any person serving within its ranks," the statement noted.

Koome added that administrative and disciplinary processes had already been initiated against the judicial officer in accordance with the law and applicable human resource policies.

"Consequently, the Judiciary and Judicial Service Commission have commenced the appropriate administrative and disciplinary processes under the Judicial Service Act and the applicable Human Resource policies. 

"Pending the conclusion of those processes, the judicial officer will be relieved of judicial duties in accordance with the law and established procedures, without prejudice to the ongoing criminal investigations by the relevant constitutional agencies," the statement explained.

Koome pledged the Judiciary's cooperation with the EACC and other agencies involved in investigating and prosecuting the allegations.

"The Judiciary and Judicial Service Commission will accord the Ethics and Anti-Corruption Commission and all other investigative and prosecutorial agencies the necessary cooperation in the discharge of their constitutional mandates," the statement concluded.

In a statement earlier Wednesday, EACC said the two officials are accused of seeking money from the complainant in exchange for influencing the outcome of a criminal case.

"The arrest followed a complaint lodged by a businessman from Murang'a County, who reported that he had been convicted on July 2, 2026, in a criminal case for obtaining money by false pretenses and was scheduled to be sentenced on July 22, 2026," the statement read.

According to EACC, preliminary investigations established that the probation officer allegedly approached the complainant, claiming to act on behalf of the magistrate, and demanded Ksh170,000. 

The complainant was allegedly assured that the money would secure a non-custodial sentence through a favourable probation recommendation instead of a custodial sentence.

Following the encounter, the complainant approached EACC who mounted an operation that led to the arrest of Mutegi and Njogu.

"EACC mounted an operation that culminated in the arrest of the two suspects while receiving Ksh150,000 from the complainant. They are currently in custody at the Nyeri Central Police Station and will be processed this morning at the EACC Central Regional Office," the statement concluded.