EACC battles to revive corruption case against Michael Kamau

The Ethics and Anti-Corruption Commission objected to the quashing of charges against former Roads Cabinet Secretary Michael Kamau, arguing that the decision will affect more than 100 cases worth Sh16.9 billion.

Arguing before Court of Appeal Judges, Senior Principal Litigation Counsel Fredrick Ashimosi said that 137 ongoing cases and others being investigated will be affected if the court rules in Mr Kamau’s favour.

Mr Ashimosi said that the case against Mr Kamau was investigated long before EACC commissioners vacated office and a finding that the commission was not properly constituted should not be the basis for quashing the charges.

SUMMON
According to the commission, the decision to discharge Mr Kamau did not stop it from bringing back the charges, once EACC was fully constituted.

He said the earlier charges against Mr Kamau were terminated on a technicality and urged Justices William Ouko, Mohamed Warsame and Kathurima M’Inoti to dismiss Mr Kamau’s application.

“In any event, the applicant has not demonstrated that he has an arguable appeal,” Mr Halakhe Waqo, the EACC Chief Executive, said.

On his part, Mr Kamau, through lawyer Nelson Havi, wants the judges to summon EACC bosses including the chairperson Eliud Wabukala, the Director of Public Prosecutions (DPP) Noordin Haji and Inspector-General (IG) of Police to explain why they should not be committed to civil jail for contempt.

CHARGES
Mr Kamau said the DPP, IG and EACC commissioners directed officers to raid his home on May 22, with the aim of arresting and charging him yet the charges were quashed by the court.

Mr Kamau refused to plead to the charges last month arguing that he was acquitted by the Court of Appeal.

He said that the authorities were aware that he was a free man but went ahead and preferred the same charges against him.

Mr Kamau is supposed to answer to charges of abuse of office and failure to comply with guidelines relating to the management of public funds.

REDESIGN

Two other suspects, Mr Mwangi Maingi, former Chief Engineer Roads, and Mr Nicholas Ndungu, a former Resident Engineer, denied charges of abuse of office in connection with the redesigning of a road in Bungoma County over a decade ago.

The court heard that they arbitrarily authorised the redesigning of the Kamukuywa-Kaptama-Kapsokwony-Sirisia road in Bungoma County leading to the loss of Sh33 million.

Last month, Mr Kamau failed in his bid to have the charges against him permanently quashed. The judges will give the ruling on June 15.