EACC opposes appeal filed by former CS Michael Kamau


EACC opposes appeal filed by former CS Michael Kamau

In Summary

  • The commission said the orders sought by Engineer Kamau cannot be granted even if the jurisdiction of the court had been properly invoked.
  • Commission alleged that there is no evidence placed before the court to demonstrate that applicant has been convicted or that he is in custody or that there is warrant of distress issued against him for execution.
  • Last week, Kamau failed to take plea after he told the court that he has filed an appeal seeking to quash the charges pressed against him adding that the magistrate court ought to wait for that ruling.

The Ethics and Anti-corruption Commission (EACC) has opposed an application by former Transport Cabinet Secretary Michael Kamau seeking to quash his charges saying that it will affect over 100 corruption cases pending at the court.

In an affidavit filed by EACC CEO Halakhe Waqo, the commission said the orders sought by Engineer Kamau cannot be granted even if the jurisdiction of the court had been properly invoked.

Waqo further argues that Kamau has not demonstrated that the court has 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,” reads the affidavit

The court was told that Kamau has not demonstrated he has an arguable appeal and therefore he should take plea at the lower court.

“The applicant is introducing new issues through application which do not fall within the ambit of the decision of the superior court that he intends to appeal,” says Waqo.

Similarly, the commission alleged that there is no evidence placed before the court to demonstrate that the applicant has been convicted or that he is in custody or that there is warrant of distress issued against him for execution.

The Court of Appeal is set to rule on the matter on June 15, 2018.

Last week, Kamau failed to take plea after he told the court that he has filed an appeal seeking to quash the charges pressed against him, adding that the magistrate court ought to wait for that ruling.

Through lawyer Nelson Havi, Kamau said charges being preferred against him were previously terminated by the Court of Appeal.

The former CS was charged in relation to the Kamukunywa Kaaptama -Kapsokwony Sirisia road in Bungoma that led to the loss of the public funds.

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Story By Dzuya Walter
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