The Ethics and Anti-Corruption Commission (EACC) has arrested Kangema Senior Principal Magistrate Martin Kinyua Mutegi and Principal Probation Officer Julius Irungu Njogu over allegations that they solicited and received a bribe to influence the sentencing of a convicted person in a criminal case.

According to the EACC, the arrests followed investigations launched after the commission received a complaint from a businessman who alleged that the two officials had demanded money in exchange for a favourable outcome during sentencing.

The commission said the complainant reported that KSh170,000 had been demanded to influence both the probation report and the sentence to be imposed by the court.

Following the complaint, EACC investigators mounted an undercover operation during which the two suspects were allegedly arrested while receiving KSh150,000, part of the amount that investigators say had been demanded.

“The suspects were arrested while allegedly receiving KSh150,000, part of the KSh170,000 they had demanded from the complainant to influence sentencing in a criminal case,” the EACC said in a statement.

The commission said the money was recovered during the operation and has been retained as part of the evidence in the investigation.

According to the EACC, the investigation relates to a criminal case in which the complainant had already been convicted and was awaiting sentencing before the Kangema Law Courts. The anti-graft agency alleges that the suspects offered to influence the contents of a probation report and the court’s sentencing decision in exchange for payment.

The two suspects were taken into custody pending processing. The EACC said it will forward the investigation file to the Office of the Director of Public Prosecutions (ODPP), which will determine whether criminal charges should be instituted.

The allegations have not been tested before a court, and both suspects remain presumed innocent unless proven guilty.

Following the arrests, Chief Justice Martha Koome announced that Magistrate Mutegi had been relieved of his judicial duties pending the outcome of criminal investigations and any disciplinary proceedings before the Judicial Service Commission (JSC).

In a statement, the Chief Justice said the Judiciary would cooperate with investigative agencies while safeguarding due process.

“The Judiciary remains committed to accountability and integrity. At the same time, every judicial officer facing allegations is entitled to due process in accordance with the Constitution and the law,” Koome said.

The arrests come as the Judiciary and anti-corruption agencies continue efforts to address allegations of corruption within the justice system. Under Kenyan law, judicial officers are required to perform their duties independently and impartially, while public officers are prohibited from soliciting or accepting benefits in exchange for the performance of official functions.

The EACC has not indicated whether additional suspects are being investigated in connection with the matter. The commission said investigations remain ongoing.

If the Director of Public Prosecutions approves charges, the two suspects will be arraigned before court. Any prosecution will require the State to prove the allegations beyond a reasonable doubt.

At the time of publication, neither the accused nor their legal representatives had publicly responded to the allegations.