Kamua fights to stop his Sh33m fraud case
What you need to know:
- Mr Njuguna told senior principal magistrate Lawrence Mugambi that Mr Kamau will not get a fair trial if the DPP is allowed to proceed with the said evidence.
- Mr Miller argued that the Constitution was clear that the DPP cannot take directions from anybody when making decisions on who to prosecute.
- Mr Kamau is accused of abuse of office and alteration of the design for the construction Kamukuywa-Kiptama-Kapsokwony-Sirisia Road, which had been authorised by the ministry between October 15, 2007 and March 15, 2008.
Former Transport Cabinet Secretary Michael Kamau has for the second time urged the ant-corruption court to suspend a Sh33 million fraud case against him.
In his submission, Mr Kamau said that the evidence used to charge him was compiled by an illegal body.
“The evidence which the Director of Public Prosecutions (DPP) intends to rely on in the graft case against Mr Kamau and eight others was sanctioned by the economic and anti-corruption commission (EACC) when it had no commissioners,” lawyer Paul Njuguna for Mr Kamau told the court on Tuesday.
Mr Njuguna told senior principal magistrate Lawrence Mugambi that Mr Kamau will not get a fair trial if the DPP is allowed to proceed with the said evidence.
He said the prosecution of Mr Kamau and others was initiated when the former anti-corruption chairman Mumo Matemu and other commissioner had resigned.
Mr Njuguna and other defence lawyers Cecil Miller, Alphonse Mutinda impressed upon the magistrate to uphold the law by referring the case to the High Court to interpret serious constitutional breaches.
Mr Miller argued that the Constitution was clear that the DPP cannot take directions from anybody when making decisions on who to prosecute.
Senior prosecutors Victor Mule, Ashimoshi Shitambashi and Alloys Kemo opposed the application.
“This matter has already been decided by a three judge bench whereby this court has been allowed to proceed with the trial against the accused persons,” Mr Shitambashi replied.
He said Judges Mumbi Ngugi , George Odunga and Joseph Onguto declined to quash the trial against Mr Kamau and others saying: “the DPP can rely on any information he receives from a lawful source to commence a prosecution.”
Mr Shitambashi asked the magistrate to reject Mr Kamau’s application and proceed with trial as directed by the three judges.
Mr Kamau is accused of abuse of office and alteration of the design for the construction Kamukuywa-Kiptama-Kapsokwony-Sirisia Road, which had been authorised by the ministry between October 15, 2007 and March 15, 2008.
Mr Mugambi will decide on the application on April 22
