Former transport CS loses appeal to stop his prosecution

Former Transport Cabinet Secretary Michael Kamau has lost an appeal to stop his prosecution over abuse of office.

Kamau had filled the application alleging that at the time of his prosecution, the Ethics and Anti Corruption Commission (EACC) was improperly constituted because the then chair, Mumo Matemu, his deputy and some members had resigned.

However, Chief magistrate Lawrence Mugambi dismissed the application saying that a three-judge bench in the High Court had already agreed to the prosecution.

In March 2016, the High Court declined to stop criminal proceedings against Kamau and former Lands Cabinet Secretary Charity Ngilu saying their arguments against the constitutionality of the Ethics and Anti-Corruption Commission (EACC) can be argued in their trial.

The three-judge bench, however, faulted the president for giving EACC a deadline to conduct investigations, saying the commission was not properly constituted at the time.

Kamau was suspended by President Uhuru Kenyatta after his name appeared in the EACC “list of shame” together with those of Land CS Charity Ngilu, Agriculture CS Felix Koskei, Energy CS Davis Chirchir and Labour CS Kazungu Kambi.

He is accused of abuse of office and alteration of a road construction design that had been authorised by the ministry.