Former Transport Cabinet Secretary Engineer Michael Kamau leaving Milimani Anti-corruption court after failing on his bid to terminate corruption charges leveled against him on Friday April 20, 2016.
BY SAM ALFAN.
The high court will not entertain a plea by former Transport CS Eng Michael Kamau asking for the termination of corruption charges leveled against him.
In a ruling delivered on Friday April 22, Senior Principal Magistrate Lawrence Mugambi also said that the Director of Public Prosecution has a mandate to prosecute a case using information from anywhere.
“The information can be from the roads or the bushes, as long as it forms evidence against the accused,” Mugambi said.
Kamau was charged in relation to the construction of Kamukuywa-Kaptama-Kapsokwony-Kimili Road.
Kundan Singh Construction Company, a resident engineer and other public servants allegedly colluded to trash a consultant’s design without following proper procedure.
The road is said to have been redesigned leading to a massive embezzlement of public funds.
Kamau, former land CS Charity Ngilu and seven others challenged their prosecution on grounds that the EACC was improperly constituted when it recommended charges against them.
They said the Ethics and Anti-Corruption Commission at the time lacked the constitutional mandate to carry out a probe. The lack of commissioners, they said, meant a lack of requisite legal backing.
Ngilu was charged with obstructing investigations into the Sh8 billion Karen land saga and Kamau with abusing his office in the awarding of a road tender.
The Karen land is at the centre of a court battle between businessman Horatius Da Gama Rose and former NSSF Managing Trustee Jos Konzolo.