Ex-CS Michael Kamau in court to stop fresh trial in graft case

Former Transport Cabinet Secretary Michael Kamau in a Nairobi Court on April 22, 2016. PHOTO | FILE |

What you need to know:

  • Through lawyer James Orengo, Mr Kamau argues that he was charged with a defective charge sheet and that he is not opposed to taking plea.
  • Mr Kamau is facing trial for failing to comply with the set rules by ignoring the design of Kamukuywa-Kaptama-Kapsokwony-Sirisia Road.

Former Transport Cabinet Secretary Michael Kamau has sued the Ethics and Anti-Corruption Commission, the Director of Public Prosecution Noordin Haji and the Milimani Anti-Corruption Court.

The former CS, who was charged in July with the offenses of abuse office and wilful failure to comply with guidelines relating to the management of public funds, seeks to temporarily suspend a fresh trial.

Through lawyer James Orengo, Mr Kamau argues that he was charged with a defective charge sheet and that he is not opposed to taking plea.

REDESIGN ROAD

"The continuation of criminal proceedings founded upon an illegality and in deprivation of any rights as well as fundamental freedoms goes against inherent principles and policy in the administration of criminal justice," said Mr Orengo, who is also the Siaya Senator.

He added: "There must be avoidance of anything that savours of oppression and that where such arises, it must be dealt with at the earliest opportunity."

Mr Kamau is facing trial for 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.

SH500,000 CASH BAIL

He was freed on a cash bail of Sh500,000 by Chief Magistrate Douglas Ogoti.

The former minister was charged even after fighting against his prosecution at the Supreme Court.

Mr Kamau finally took plea on July 6 after the Magistrate Court ruled that he should face trial even as the Supreme Court case remains pending.