Transport CS Michael Kamau fails in bid to stop his trial over graft allegations

The Cabinet Secretary for Transport Michael Kamau (right) with Principal Secretary Nduva Muli at a press briefing on March 28, 2015 at Transcom House. PHOTO | JENNIFER MUIRURI |

What you need to know:

  • The High Court dismissed Mr Kamau's argument that the Ethics and Anti-Corruption Commission (EACC) lacked the quorum needed to recommend the charges against him.
  • Mr Kamau was to be charged on Tuesday morning alongside six other members of the tender committee in the ministry for failing to follow procurement rules in awarding the tender for the Kamukuywa-Kimilili road.
  • Meanwhile, Kenya Veterinary Training Institute Managing Director Geoffrey Kiprop and head of procurement George Koigi were earlier on Tuesday morning charged with abuse of office.

Suspended Transport Cabinet Secretary Michael Kamau on Tuesday failed in an attempt to stop his prosecution.

The High Court dismissed Mr Kamau's argument that the Ethics and Anti-Corruption Commission (EACC) lacked the quorum needed to recommend the charges against him.

Justice Mumbi Ngugi said she had not been given satisfactory reasons to stop his charging and arrest over the corruption allegations.

Through lawyer Paul Njuguna, the Cabinet secretary had claimed that EACC lacked the necessary quorum to give such a recommendation and the endorsement for him to be charged was on a biased and irregular basis.

Mr Kamau was to be charged on Tuesday morning alongside six other members of the tender committee in the ministry for failing to follow procurement rules in awarding the tender for the Kamukuywa-Kimilili road.

He was, however, not present in the Magistrate’s Court after the police who had gone to arrest him failed to find him at his residence in Nairobi.

The court issued a summons for the CS to appear on Thursday to answer charges of abuse of office after the EACC applied for the summons.

The others were, however, charged and released on a cash bail of Sh600,000 each.

UNDERPINNED IN LAW

Judge Ngugi said criminal justice was a process underpinned in the law and there was nothing to demonstrate the violation of his rights as to justify the orders to stop the charges.

She said she could not issue ex parte orders and directed that a hearing be held on Wednesday.

Mr Kamau is accused of colluding with officials of the Kundan Singh Construction Company, which is building the Kamukuywa-Kaptama-Kapsokwony-Kimilili road, to trash the consultant’s design, resulting in massive embezzlement of public funds.

Meanwhile, Kenya Veterinary Training Institute Managing Director Geoffrey Kiprop and head of procurement George Koigi were earlier on Tuesday morning charged with abuse of office.

The two are accused of giving out 70 acres of the institute’s land in Limuru without following the law.

They denied the charges and were released on a cash bail of Sh300,000 each.