Suspended Cabinet Secretary Engineer Michael Kamau lawyer Paul Njuguna at Milimani law courts during the hearing of a application seeking to stop his prosecution but court recommended that suspended Cabinet Secretary Engineer Michael Kamau be charged on Thursday over corruption allegations.
BY SAM ALFAN.
High Court on Wednesday recommended that suspended Cabinet Secretary Engineer Michael Kamau be charged on Thursday over corruption allegations.
Lady justice Mumbi Ngugi ruled that Kamau be charged and released on a bond so that she can deliver further ruling on a case in which he wants to stop his allegations on Tuesday next week.
“Let the petitioner take his plea and given bail before further ruling on June 9,” the judge said.
Ngugi said since six other alleged accomplices of Kamau had already been charged, there was no harm in him appearing before the Anti-corruption court to answer to the charges against him.
On Tuesday, the members of ministry’s tender committee among them former chief engineer at the ministry Mwangi Maingi and tender committee’s chairman Philip Onyango denied charges of engaging in the project without planning before Anti-corruption Senior Principal Magistrate Lawrence Mogambi and was released on a cash bail of Sh600,000 or Sh3 million bond each,
Other committee members who were charged on Tuesday are Gilbert Arasa, Raphael Okubo, Sylus Gitau and Charles Mubweka who pleaded not guilty to all charges.
Anti-corruption Senior Principal Magistrate Lawrence Mogambi issued summons AGAINST Kamau, former resident engineer Nicholas Ng’ang’a and Kata Matemu who did not appear before him to be charged.
Kamau instead moved to the High Court under a certificate of urgency to seeking to stop his prosecution saying Ethics and Anti Corruption Commission is not properly constituted to recommend that he be charged over claims of corruption.
Kamau, through lawyer Paul Njuguna said since the offences against him were said to have been committed more than 10 years ago, there would be no prejudice if the prosecution was made to wait until he argues his case and determined.
Kamau in his affidavit said EACC lacked the necessary quorum to recommend his prosecution as there is no chairman and other directors in the commission.
“My rights will be violated as EACC is not properly constituted as required by law,” he said.
Last month, EACC chairman Mumo Matemu and his vice Irene Keino resigned after a tribunal was appointed by President Uhuru to probe their conduct.
After their resignation, Commission for the Implementation of the Constitution chairman, Charles Nyachae, warned EACC chief executive officer Halake Waqo for purporting to act as the commission as the same will be subject to judicial challenge.
EACC lawyer Judith Shamalla said the commission was properly constituted when it recommended that Kamau be charged for allegedly altering road designs for Kamukuywa-Kaptama-Kapsokwony-Sirisia road without following due process when he was the principal secretary at the ministry.
The Director of Public Prosecutions and the Attorney General put up a spirited fight with Ashamalla to have Kamau charged today saying investigations were completed on January 15, 2013 when EACC commissioners were in office.
“There is no violation of the constitution as the complaint was received when EACC commission was intact,” she said.
Ashamalla said Kamau had failed to demonstrate how his rights will be violated and the prosecution should not be stopped lest it slows the fight against corruption.
Kamau will be the first Cabinet Secretary to be charged after the the president Kenyatta “List of Shame” adversely mentioned ministers Charity Ngilu of Lands, Kazungu Kambi of Labour, Felix Kosgey of Agriculture and Davies Chirchir of Energy in relation to corruption allegations.