Appeals court quashes charges against ex-CS Michael Kamau
Former Transport Cabinet Secretary Michael Kamau. The Court of Appeal has quashed a Sh33 million fraud case he was facing. PHOTO | PAUL WAWERU | NATION MEDIA GROUP
What you need to know:
- Mr Kamau was facing charges of flouting procurement procedures.
- He has been attempting to stop the case on several occasions.
- The former CS argued that the evidence used to charge him was compiled by an illegal body.
Former transport Cabinet Secretary Michael Kamau has obtained reprieve after the Court of Appeal permanently quashed his prosecution at the anti-corruption court.
A three-judge bench comprising of judges Milton Makhandia, William Ouko and Kathurima M’Inoti consequently upheld their verdict in a ruling issued earlier this year that saw the lower court’s proceedings temporarily halted.
“It is our finding that the Ethics and Anti-Corruption Commission (EACC) was not properly constituted at the time it forwarded Engineer Kamau’s name to the Director of Public Prosecutions (DPP) while recommending his prosecution,” they ruled.
In March, the same judges had temporarily quashed the criminal proceedings pending the hearing and determination of the appeal.
APPEALED
Mr Kamau had appealed against a High Court decision which declined to spare him from facing prosecution or even suspend the already initiated criminal prosecution process.
He was charged two years ago with two counts of abuse office and wilful failure to comply with applicable procedures as well as guidelines relating to management of public funds.
His prosecution in June 2015 came after he was suspended from his ministerial position as the Transport Cabinet Secretary.
He had been accused of committing the said offenses between 2007 and 2008 when he served as the permanent secretary in the Ministry of Roads and Public Works.
READ DESIGN
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.
He had denied the charges and was freed on a Sh1 million bond.
But he had argued that the EACC is an independent commission was not subject to any direction and that it merely acted on the president's directives to have him charged.
He had also argued that the commission’s secretariat had no authority to recommend any charges in the absence of commissioners since the law provides that the EACC can legally execute its duties if it has at least three commissioners.
On his part, he had accused the EACC of acting in bad faith and with a malicious intent.
