More than Sh16 billion stolen from public coffers will not be recovered if a case by former CS Michael Kamau challenging his prosecution succeeds.
Ethics and Anti-Corruption Commission and the Director of Public Prosecutions said the cases involve 127 senior Government officials and businessmen implicated in corruption, and who would walk free if the Court of Appeal stops Kamau’s prosecution.
Through lawyers Kiragu Kimani and Fredrick Ashimosi, EACC and DPP said it was wrong to base the case on an argument that EACC was not properly constituted when Kamau was charged. “Any decision this court will make will be binding on 127 high profile corruption cases at the lower courts involving billions of shillings stolen from public coffers. You cannot close your eyes to the fact that the outcome of this case will set precedence in all other cases,” said Kimani.
Kamau is challenging the DPP’s decision to charge him afresh with abuse of office and giving misleading documents in relation to the redesign of Kamukuywa-Kaptama-Kapsokwony-Sirisia Road in Bungoma that led to the loss of Sh33 million.
Through lawyer Nelson Havi, the former Roads CS told Appellate Judges William Ouko, Mohamed Warsame and Kathurima M’Inoti that the fresh charges were illegal, given he had been discharged on account EACC was not properly constituted.
Havi argued that the decision had terminated all cases against Kamau and prosecuting him over the same matter amounted to abuse of power. But EACC chief executive Halakhe Waqo swore that investigations into the scandal was concluded before the former commissioners left office.
Kamau is accused alongside two former senior officials at the Roads ministry-Mwangi Maingi and Nicholas Ng’ang’a. According to the charges, they arbitrarily authorised redesigning of the road when it had already been done. The judges will give a decision on June 15.