Six official transport ministry tender committee Mwangi Maingi,Philip Onyango Sika,Gilbert Monga’re Arasa,Raphael Weche Okubo,Sylus Wachira Gitau and Charles Oike Mubweka at the Nairobi Anti-Corruption Court Milimani where charged for failing to follow procurement rules in awarding the tender for the Kamukuywa-Kimilili road.
BY SAM ALFAN.
Suspended Transport Cabinet Secretary Engineer Michael Kamau has summoned to appear in court on Thursday to face criminal charges against.
However six official of the tender committee in the ministry Mwangi Maingi,Philip Onyango Sika,Gilbert Monga’re Arasa,Raphael Weche Okubo,Sylus Wachira Gitau and Charles Oike Mubweka were charged for failing to follow procurement rules in awarding the tender for the Kamukuywa-Kimilili road.
High court declined to block his prosecution after the suspended Transport Cabinet Secretary Michael Kamau moved to the High court seeking orders to stop his arrest minutes after a magistrate court issued summons to him and two other members of the tender committee officials to appear before the court on Thursday to plead to the abuse of office charges against him.
Through his Lawyer Paul Njuguna Chuchu, Kamau argues that the investigations carried out against him were biased, flawed and unlawful as they were ordered by the government contrary to the law.
He said the Ethics and Anti-Corruption Commission was not properly constituted and thus had no jurisdiction to recommend charges against him.
Under certificate of Urgency, the suspended CS requested the court to grant him stay and that the Anti-graft body and Director of Public Prosecution be restrained from arresting and arraigning him court pending the hearing and determination of the application.
He said the decision by Director of Public Prosecution to charge him was in violation of his constitutional rights and had no basis in the law.
He added that the offenses preferred against him were allegedly committed almost 10 years ago and therefore had no prejudice to either of the parties involved if orders were issued to stop his arrest until the determination of the case.
In her ruling Justice Mumbi Ngugi declined to grant the orders to stop his prosecution stating that the reasons given were not satisfactory.
“I am not satisfied that interim orders should be issued. The criminal Justice process is a process that is undermined in law and there is nothing tabled before me that demonstrate the violation of rights of the petitioner to justify ex parte orders,” she said.
She however directed that the application be served to the respondents for the hearing today.
Kamau had been issued with summons with two other ministerial tender committee members after they failed to appear in court on Tuesday where they are charged alongside six other members of the Ministerial tender committee.
The six were arraigned and charged with abuse of office and willful failure to comply with the law relating to procurement contrary to the law.
They were released on cash bail of Sh 600,000 or bond of Sh 3 million with one surety each.
The case will be mentioned on June 16.