The two have challenged their prosecution on grounds that the Ethics and Anti-Corruption Commission (EACC) wasn’t properly constituted when it recommended to the Director of Public Prosecutions (DPP) Keriako Tobiko that they be charged and tried/CFM NEWS
NAIROBI, Kenya, Mar 9 – The High Court was on Wednesday expected to deliver judgment in cases filed by former Cabinet Secretaries Michael Kamau and Charity Ngilu challenging their prosecution on corruption charges.
The two have challenged their prosecution on grounds that the Ethics and Anti-Corruption Commission (EACC) wasn’t properly constituted when it recommended to the Director of Public Prosecutions (DPP) Keriako Tobiko that they be charged and tried.
They argued that the recommendation that they be prosecuted is null and void since the EACC did not have commissioners at the time.
The EACC and the office of the DPP however disagree and have argued that the EACC secretariat had the power to make the recommendations.
On the strength of the EACC’s recommendations, Ngilu was charged with obstructing investigations into the Sh8 billion Karen land saga while Kamau has been charged with abusing his office in the awarding of a road tender.
READ: Ngilu denies obstructing Karen land probe
The Karen land is at the centre of a court battle between businessman Horatius Da Gama Rose and former NSSF Managing Trustee Jos Konzolo.
Kamau on the other hand was charged in relation to allegations that Kundan Singh Construction Company Limited, resident engineer and other public servants involved in the ongoing construction of Kamukuywa-Kaptama-Kapsokwony-Kimili Road colluded by trashing aside a consultants design without following the proper procedures and redesigning the road leading to massive embezzlement of funds.
They both deny the charges.
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