DPP moves to Supreme Court, wants former CS Kamau charged afresh


Former Transport Cabinet Secretary Michael Kamau. PHOTO COURTESY
Former Transport Cabinet Secretary Michael Kamau. PHOTO | FILE

In Summary

  • State Counsel Shitabasi told the trial magistrate Douglas Ogoti that they have filed an application to stay the decision of the Court of Appeal delivered on July 14, 2017.
  • Following the new development, Magistrate Ogoti said that they will wait for the top courts to deliver their decision before going on with the trial.
  • Kamau through his lawyer Nelson Havi, is fighting the decision by the DPP to recommend that he be charged afresh.

The legal battle on whether former Transport Cabinet Secretary Michael Kamau should be charged afresh over graft charges has gone a notch higher.

This is after the Director of Public Prosecution, through lawyer Ashimosi Shitambasi, told the court that they have filed an application before the Supreme Court to challenge Court of Appeal decision that quashed Kamau’s prosecution.

State Counsel Shitabasi told the trial magistrate Douglas Ogoti that they have filed an application to stay the decision of the Court of Appeal delivered on July 14, 2017 adding that the court will issue its directions later next month.

Following the new development, Magistrate Ogoti said that they will wait for the top courts to deliver their decision before going on with the trial.

Kamau, through his lawyer Nelson Havi, is fighting the decision by the DPP to recommend that he be charged afresh in connection to the Kamukunywa Kaaptama -Kapsokwony Sirisia road in Bungoma that led to the loss of the public funds.

The Ethics and Anti-corruption Commission (EACC) on June 7 this year, opposed an application by Mr. Kamau seeking to quash his charges saying that it will affect over 100 corruption cases pending at the court.

EACC CEO Halakhe Waqo argued that Kamau had not demonstrated that the court had jurisdiction to stay investigations or intended prosecutions.

“The High Court decision made on April 11, 2018, directed the commission to investigate, arrest and charge the applicant,” read the affidavit

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Story By Dzuya Walter
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