Former Cabinet Secretary Michael Kamau on Tuesday declined to plead to charges of abuse of office, arguing that the case should be suspended pending the determination of an appeal to be heard by the Supreme Court.
Appearing before Chief Magistrate Douglas Ogoti, Mr Kamau said he and the Ethics and Anti-Corruption Commission and the Director of Public Prosecutions have moved to the Supreme Court over the matter.
Mr Kamau, through his lawyers James Orengo and Nelson Havi, maintains he was acquitted of the charges and bringing a fresh suit against him is an abuse of the court process.
Mr Orengo further told the court that the matter should await the decision of the Supreme Court, where it would be determined whether his client was acquitted or discharged.
Senior Principal Prosecution Counsel Fredrick Ashimosi confirmed to the court that the matter has already been certified urgent and parties are waiting for directions from the Deputy Registrar of the Supreme Court.
The former Roads CS was to plead to the charges on May 23 but he failed to appear, forcing the court to issue summons against him.
He is facing charges of abuse of office and failure to comply with guidelines relating to the management of public funds.
Two other suspects, Mr Mwangi Maingi (former Chief Engineer Roads) and Nicholas Ndungu (a former resident engineer), denied charges of abuse of office in connection to the redesigning of a road in Bungoma County.
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. The charges stated that the design had been done by Engiconsult Consulting Engineers Ltd but the trio allegedly authorised its redesign, causing loss of Sh33,303,600.
The court heard that they committed the offence between July 15, 2007 and March 15, 2008.
Mr Maingi denied an additional charge of giving a misleading report. He allegedly wrote a memo on November 6, 2007 to the ministerial tender committee stating that the implementation of an MoU between the Roads ministry and Kundan Singh Construction Company had no cost implications.