Green light for EACC to charge former Transport CS Kamau afresh

Former Transport Cabinet Secretary Michael Kamau may be charged afresh with abuse of office and flouting of tender rules.

This is after the High Court declined to set aside orders that terminated his case by a way of discharge and not acquittal.

Delivering her ruling, Justice Hedwig Ong’undi said that Kamau’s appeal was allowed on the technical ground that the Ethics and Anti-Corruption Commission (EACC) was not properly constituted at the time it completed the investigations and forwarded its report and recommendations to the Director of Public Prosecutions (DPP).

“The appeal was not based on the manner the investigations were carried out or the innocence of the applicant .That is why the court of appeal did not get into the substance of the investigations undertaken by EACC,” ruled the Judge.

Kamau wanted the High Court to substitute the trial court orders with an acquittal saying the Court of Appeal judgment had prohibited any of his prosecution.

The Judge, however, declined to grant the said order noting that there were no apparent errors by the Magistrate court.

“The issue on whether the trial Magistrate should have discharged or acquitted Kamau is not in province of revision but Appeal,” ruled the Judge.