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Former Transport CS Engineer Michael Kamau set free over abuse of office charges

By Paul O Ogemba | Published Fri, July 14th 2017 at 15:18, Updated July 14th 2017 at 15:29 GMT +3
CS Michael Kamau (left) in the dock at a Milimani court with his lawyer Paul Njuguna. 4/5/2015 PHOTO BY GEORGE NJUNGE

Former Transport Cabinet Secretary Michael Kamau is a free man after the Court of Appeal quashed his prosecution over abuse of office.

Appellate Judges Milton Makhandia, William Ouko and Kathurima M'Inoti ruled that the former CS was illegally charged in court and that allowing the Director of Public Prosecutions to continue with the prosecution will be committing an injustice.

The judges' finding that the Ethics and Anti-Corruption Commission was not properly constituted at the time Mr Kamau was charged could also see several high profile individuals facing corruption charges walk free.

The law is very clear that EACC can only be properly constituted to perform its duties with at least three commissioners. We find that their decision to forward the file to DPP to prosecute Mr Kamau was illegal, null and void," ruled the judges.

Kamau was suspended from the Cabinet and charged in June 2015 with two counts of abuse of office and failure to comply with applicable procedures and guidelines relating to management of public funds.

The offences were allegedly committed between 2007 and 2008 when he served as the Permanent Secretary in the Ministry of Roads and Public Works.