The State has alleged that former transport minister Michael Kamau is forum shopping for judges to quash the Sh33 million corruption case he is facing.
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.
On Wednesday, State counsel Momanyi Moimbo told High Court judge John Onyiego that Mr Kamau has filed cases at the three superior courts in a bid to terminate this particular one.
While opposing a petition to cancel a joint criminal case against the former Cabinet secretary and seven others, Mr Moimbo noted that Mr Kamau's cases are pending at the High Court, Court of Appeal and the Supreme Court.
“To allow the application to quash the criminal case will set a very bad precedent,” he told the judge, while asking him to direct the accused to defend himself before the Anti-Corruption Court.
“Lawyers for Mr Kamau have not told you he has a pending appeal yet to be heard,” Mr Moimbo added.
He also said the accused has filed a fresh application at the High Court yet he has the pending appeal.
State prosecutor Alexander Muteti asked the judge to reject the application to quash the fresh trial saying it is premature.
Mr Muteti also noted that the proper place to challenge the case is the Anti-Corruption Court.
In July, Chief Magistrate Douglas Ogoti directed Mr Kamau to raise the objection to his fresh trial at the pre-trial stage on January 24, 2019.
“The proper forum to challenge the admissibility of the case is not the constitutional court,” Mr Muteti said.
Through lawyers James Orengo, WG Wambugu and Aulo Sowetto, Mr Kamau has asked Justice Onyiego to terminate the trial, saying the charges are defective and disclose no offence.
Mr Orengo said the accused's rights have been violated as his trial was ordered by President Uhuru Kenyatta, who asked the then Director of Public Prosecutions Keriako Tobiko to file charges against civil servants suspected to have engaged in corruption.
He said the case was terminated by the Court of Appeal as it was instituted by the Ethics and Anti-corruption Commission (EACC) while it was not properly constituted.
Mr Kamau has opposed a directive by the DPP that he be charged with a former Principal Secretary Gilbert Mong’are Arasa and seven engineers in the Sh33 million road scandal.
They have all been charged over loss of public funds through the tarmacking of the road 10 years ago.
Mr Kamau had been charged alongside two engineers - Messrs Mwangi Maingi and Nicholas Ndung’u Mwangi - with abuse of office over the redesigning of the road in Bungoma County.
Justice Onyiega will deliver a judgement on March 13 2019.