Three-judge bench to hear Kamau and Ngilu case against EACC

A three-judge bench is set to commence the hearing of a case filed by Suspended Lands Cabinet Secretary Charity Ngilu and his Transport counterpart Michael Kamau against the Ethics and Anti-Corruption Commission (EACC). The judges consolidated the Kamau and Ngilu case against EACC on Thursday.

The bench, which consists of Justice Mumbi Ngugi, George Odunga and Joseph Onguto, was constituted under the recommendations of Chief Justice Willy Mutunga.

The two cases will be heard together with 11 other cases by other parties in the matter on the basis that they all raise similar concerns regarding the constitutionally of EACC.

In a submission made before the High Court in July, Engineer Kamau’s lawyer Paul Muite told the court there were constitutional issues touching on the integrity off EACC that have invalidated the case.

Ngilu, through her lawyer Kioko Kilikumi, moved to the High Court to challenge the constitutionality of the EACC and its ability to press for her prosecution over the Sh8 billion Karen land case.

The lawyers pointed out that EACC was operating without commissioners after the resignation of its Chairperson Mumo Matemu, Vice Chairperson Irene Keino and Commissioner Jane Onsongo.

Ngilu and Kamau were among the five Cabinet Secretaries suspended by President Uhuru Kenyatta after they were named in EACC’s ‘list of shame’.

Others were Energy Cabinet Secretary Davis Chirchir, Agriculture CS Felix Koskei and Labour CS Kazungu Kambi.

The hearing will commence on October 22, 2015.