Appeals court declines to stop trial of Michael Kamau for graft

Former Transport Cabinet Secretary Michael Kamau is still in the woods over a corruption case facing him.

On Friday, the Court of Appeal in Nairobi declined to stop his prosecution, saying he was discharged and not acquitted.

Kenya’s chief public prosecutor Noordin Haji, the court said, is free to file fresh charges against the former CS.

The decision comes two months after the High Court allowed the Ethics and Anti-Corruption Commission (EACC) to begin fresh investigations into corruption accusations against Mr Kamau.

Judge Hedwig Ongudi on April 11, 2018 declined to acquit Mr Kamau, saying his successful appeal—  which saw the charges withdrawn on July 14, 2017— was allowed because EACC was not properly constituted at the time it completed the investigations and forwarded its report and recommendations to the Director of Public Prosecutions.

“It was not based on the manner the investigations were carried out or the innocence of Mr Kamau. That is why the Court of Appeal did not get into the substance of the investigations undertaken by the EACC,” the anti-corruption judge said.

Mr Kamau was in 2015 charged with two counts of abuse office and wilful failure to comply with applicable procedures as well as guidelines relating to management of public funds.

He was also accused of failing to comply with the set rules by ignoring the design of Kamukuywa-Kaptama-Kapsokwony-Sirisia Road done by Engiconsult Limited at a cost of Sh33,303,600 and entering into a memorandum under which the resident engineer redesigned the same road without due process.

He allegedly abused his authority by causing the road to be redesigned without involving experts.

The former CS was accused of committing the said offences between 2007 and 2008 when he served as the permanent secretary in the Roads and Public Works ministry.

His prosecution in June 2015 came after he was suspended from his ministerial position by President Kenyatta.