Suspended Transport Cabinet Secretary Michael Kamau yesterday suffered another setback after the High Court declined to stop his prosecution.
Justice Mumbi Ngugi stated in her ruling that she is not satisfied that his rights would be violated by the prosecution.
She, however, said she had taken note of the issues raised in the petition and referred it to Chief Justice Willy Mutunga to constitute a three judge bench to hear the arguments and make a determination.
"The court is not satisfied that the threat of violation of the petitioner's rights exists, but is however concerned with issues raised in the petition," she stated.
She particularly noted with concern that the Ethics and Anti-Corruption commission (EACC) waited for a directive from the Executive before it could act on the corruption cases.
In his pleadings, the suspended Cabinet Secretary claimed that EACC lacked the necessary quorum to give such a recommendation and the endorsement for him to be charged was biased.
Kamau (pictured) filed the petition last week seeking to stop his prosecution in a magistrate's court.
He argued the criminal trial before the lower court will infringe on his rights and should therefore be stopped.
Kamau, in his submissions, told the court that the offences against him are said to have been committed more than 10 years ago and therefore there would be no prejudice if the prosecution was to be stopped until the conclusion of the petition.
The Transport boss was charged on Thursday with abuse of office and failure to follow procurement rules.
He is accused of illegally ordering the redesign of the Kamukuywa-Kaptama-Kapsokwony-Sirisia road at a cost of Sh33 million. He became the first senior Government official in the anti-graft commission's 'list of shame' to face graft charges.