Suspended Transport Cabinet Secretary Michael Kamau before the Nairobi Anti-corruption court where hes facing corruption charges.
BY SAM ALFAN.
Criminal case facing suspended Transport CS has been put in abeyance, pending the outcome of a decision from the court of appeal.
Senior counsel Paul Muite and Edward Oonge who are representing CS Michael Kamau, told Anti-corruption court that, the high court having found that there are valid constitutional issues touching on integrity of Ethics and anti corruption commission an appeal was lodged in the appellate court.
They lawyers told Chief Magistrate Lawrence Mugambi that the appeal has been argued and is awaiting the ruling on 16 October 2015, which the court is likely to stay the proceedings before the trial Court.
Justice Mumbi Ngugi had in her ruling found that there are weighty issues raised by the suspended CS which will be determined by a bench to be appointed by the Chief Justice.
Justice Ngugi did not stay proceedings before the trial court, but held that CS had established he has a good case challenging the EACC decision to recommend his prosecution by the director of public prosecution.
The trial magistrate allowed the application seeking commencement of the hearing of the criminal case until the court of appeal deliver its ruling.
The court directed that the hearing proceed on October 26, after the communication from the appellate court.
Mr Kamau became the first senior Government official in the Ethics and Anti-Corruption Commission List of Shame to face graft charges.
The CS is out cash bail of Sh 3 million. His co-accused, Ng’anga, also denied the charges and was released on similar terms while the third accused, Kaka Matemu Kithyo, was released on a a cash bail ofSh600, 000
The prosecution alleges CS Kamau on March 15, 2008, conspired with Ministrial Tender Committee members by allegedly ignoring Government regulations and re-designed the Kamukuywa-Kapsokwony-Sirisia road leading to a loss of Sh33, 303,600.
Kamau has since denied colluding with officials of the Kundan Singh Construction Company, which built the road, to trash the consultant’s design thereby resulting in massive embezzlement of the public funds.
The CS and Nga’ng’a also denied abuse of office charges. The prosecution alleges they used their offices to cause the road to be re-designed despite its earlier design by EngiConsult Consulting Engineers Limited.