NAIROBI: Suspended Transport Cabinet Secretary Michael Kamau was finally charged Thursday with abuse of office and failure to follow procurement rules.
Mr Kamau becomes the first senior Government official in the Ethics and Anti-Corruption Commission List of Shame to face graft charges.
He arrived in court at 8am accompanied by Kieni MP Kanini Kega and Othaya counterpart Mary Wambui and his lawyers.
Senior Assistant Director of Public Prosecutions Alloys Kemo told Milimani Senior Principal Magistrate Lawrence Mugambi that Kamau, together with Resident Engineer Nicholas Nga'ng'a, "had not been processed by EACC".
Other procedures
Kamau did not take a plea as the magistrate directed they be escorted to Integrity Centre for other procedures before they could plead to the charges levelled against them.
The CS later pleaded not guilty to four counts and was released on a Sh1 million cash bail.
His co-accused, Ng'anga, also denied the charges and was released on similar terms while the third accused, Kaka Matemu Kithyo, was released on a Sh600,000 until June 16.
The prosecution alleges PS Kamau on March 15, 2008, conspired with Ministrial Tender Committee members by allegedly ignoring Government regulations and re-designed the Kamukuywa-Kapsokwony-Sirisia road leading to a loss of Sh33,303,600.
Kamau denied colluding with officials of the Kundan Singh Construction Company, which built the road, to trash the consultant's design thereby resulting in massive embezzlement of the public funds.
Both Kamau and Nga'ng'a also denied abuse of office charges. The prosecution alleges they used their offices to cause the road to be re-designed despite its earlier design by EngiConsult Consulting Engineers Limited.
While six of his co-accused took plea on Tuesday, Kamau failed to appear before the magistrate's court after police failed to trace him at his home in Nairobi.
The anti-corruption court then issued summons for him and his co-accused to appear in court Thursday.
However, Kamau moved to the High Court on Tuesday, just hours after he was summoned, in a bid to stop his prosecution.
He argued that the EACC was not properly constituted to recommend charges against him.
Justice Mumbi Ngugi ruled that Kamau should take a plea as planned but stopped the hearing of the case until a determination of the application to stop Kamau's trial is made.