Court declines to stop graft cases against former CSs Ngilu, Kamau

The High Court has declined to stop criminal proceedings against former Cabinet Secretaries Eng. Michael Kamau (Transport and Infrastructure) and Charity Ngilu (Lands) 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.

There was a vacancy in the anti-graft body last year after three commissioners, Chairman Mumo Matemu, his deputy Irene Keino and commissioner Prof. Jane Onsongo resigned.

Ngilu, a former Lands Cabinet Secretary and Kamau who headed the Transport Ministry had challenged the constitutionality of the EACC to press for their prosecution in the absence of fully constituted commission, a plea that Justice George Odunga denied saying the issue can be raised at trial.

The ruling means that the cases against former Cabinet Secretaries will now proceed at the Anti-Corruption Court.

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

Kamau is accused of abuse of office and alteration of a road construction design that had been authorised by the Ministry while Ngilu is accused of obstructing investigations on the Karen land saga.

Meanwhile, EACC has conceded that it erred in clearing former Devolution CS Anne Waiguru over the allegations of corruption at the NYS.

EACC Chairman Philip Kinisu stated that there was a mix up in absolving Waiguru from the loss of Ksh 791 million at the NYS, a department under her Devolution Ministry docket.

The commissioners appeared before the Justice and Legal Affairs Committee of the National Assembly to update the committee on the progress of 1,700 graft cases before them handling.

Additional reporting by Agnes Oloo