, NAIROBI, Kenya, Sept 17 – Cases filed by suspended Cabinet Secretaries Charity Ngilu and Michael Kamau challenging their prosecution on the recommendation of the Ethics and Anti-Corruption Commission will be heard on October 22.
This is after Justices Mumbi Ngugi, George Odunga and Joseph Onguto consolidated their petitions together with two others as they’ve all challenged the constitutionality of the EACC at the time of recommending their prosecution to the Director of Public Prosecutions.
In order to expedite hearing of the petitions, the bench also ruled that it would not entertain any applications for conservatory orders; a matter it had done away with in the Kamau (Transport) case.
An application filed by Ngilu (Lands) and one which Gilbert Arasa sought to file through his lawyer Cecil Miller will however not be heard.
Lawyer Paul Muite, acting for Ngilu, went on record as supporting the decision in favour of an expeditious hearing.
“The time it would take to hear such applications would be better spent hearing the substantive petitions,” he submitted.
In Kamau’s case, Justice Ngugi declined to issue orders suspending his prosecution on the grounds that he failed to demonstrate how his rights would be violated.
When consolidating the cases, Ngugi dismissed the grounds for opposition raised by Miller.
Miller opposed consolidation for two reasons: One, that other than challenging the Constitutionality of the EACC, his case shared no other ground with the three others and two, that he was counsel in a civil case on the Karen land saga in connection with which Ngilu stands accused.
Ngilu is accused of conspiring to frustrate investigations into the Sh8 billion land saga.
The EACC at the time it recommended her and Kamau’s prosecution did not have Commissioners which they’ve argued means it was not constitutionally constituted rendering the recommendations for their prosecution null and void.
But the Attorney General and the DPP have insisted that the EACC remains legally constituted with or without commissioners and its secretariat legally continues to carry out its investigative functions.