Former Transport Cabinet Secretary Michael Kamau has lost has bid to have nine persons among them Director of Public Prosecutions Noordin Haji and anti-graft chairman Eliud Wabukala punished.
“we find that there is no proof to the required standard that the respondents have willfully and deliberately violated the judgment of this Court dated 14th July 2017. Accordingly this application is dismissed with costs. It is so ordered” judge ruled.
He alleged they must be jailed for allegedly disobeying a court order stopping them from charging him afresh with abuse of office.
The Appellate court Justices William Ouko, Mohamed Warsame and Kathurima M’Inoti disallowed the application by engineer Kamau saying there was no proof that DPP Haji, EACC chairman Wabukala, and Inspector General of Police Joseph Boinnet among others, willfully disobeyed a court order, blocking them from charging him afresh with abuse of office.
Mr Kamau through lawyer Nelson Havi had argued that a judgment of the Court of Appeal had permanently closed his prosecution but the DPP and EACC charged him afresh, disobeying a court order.
EACC and DPP on their part maintained that the court only quashed the charges, because the Commission was not properly constituted but nothing barred them from bringing fresh charges once the EACC was properly constituted.
Mr Kamau said the DPP, IG and EACC commissioners directed officers to raid his home on May 22, with an aim of arresting and charging him yet the charges were quashed by the court. Mr Kamau had refused to plead to the charges but later denied the accusations after his attemopts to stop the charges were rejected.
They said both Chief Magistrate’s Court and the High Court concluded that the judgment did not stop the respondents bringing charges against the applicant on the basis of recommendations properly constituted EACC.
“Prudence demands that we should not
pre-empt the issue which is pending for determination by the Court. It would be
remiss, if for example, after hearing the appeal this Court finds that the judgment did not stop prosecution of the applicant, and yet in the meantime the respondents had been committed for contempt of court” Court observed.
Mr Kamau is charged with abuse of office and failure to comply with guidelines relating to the management of public funds.
He denied the charges together with Mwangi Maingi, former Chief Engineer Roads and Nicholas Ndungu a former resident Engineer.
The charges stated that they arbitrarily authorized the redesigning of the Kamukuywa-Kaptama-Kapsokwony-
