Kamau told to serve DPP with petition in tender suit
3 months ago, 21 Aug 00:43
The High Court has directed former Transport CS Michael Kamau to serve the DPP with his application challenging his prosecution over a Sh33 million tender award for a road in Bungoma.
Also to be served is the Ethics and Anti-Corruption Commission, the office of the Attorney General and the chief magistrate at the Anti-Corruption Court.
Justice John Mativo certified Kamau’s case as urgent and said the DPP, the EACC, the AG and the chief magistrate will be required to file their responses ahead of the hearing on Tuesday next week.
Kamau in his petition claims the present charges are premised upon an illegal and unconstitutional directive from the office of the DPP and cannot stand.
He wants the court to stay his criminal proceedings and declare that his prosecution was tainted with illegalities.
He argues that the trial court failed in its duty to observe and consider that the charge sheet and the charges framed against him were not lawful and did not pass constitutional threshold. “Instead of taking a proactive role in the observance, respect and protection of my rights, the trial magistrate abdicated its duty by behaving as though he was merely a conveyor belt,” he says.
In July this year, the former CS was charged with abuse of office and willful failure to comply with procedures and guidelines relating to the management of public funds.
The particulars of the charges indicated that Kamau on March 15, 2008, willfully failed to comply with the rules by ignoring the design of Kamukuywa-Kaptama-Kapsokwony-Sirisia road done by Engiconsult Ltd at a cost of Sh33,303,600.
The resident engineer redesigned the same road without due process. He denied the charges and was released on Sh500,000 bail.
Kamau in his court documents claims that charging him with unspecified “failure to comply with applicable procedures and guidelines relating to the management of public funds”, the EACC and the DPP do not know what specific offence he is being accused of.
He says the charges against him show a lack of proper foundation for his prosecution and they are defective and lack specificity.
“The lack of specificity in the charges brought against me show there is no proper foundation for my prosecution,” Kamau says.
Kamau says there has been an inordinate lapse of time since the time when the offence is alleged to have been committed, the time when a complaint was allegedly made, and the time when the charges were brought before court.
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