NAIROBI, Kenya, Aug 23 – A bid by former Transport Cabinet Secretary Michael Kamau to have nine people among them the Director of Public Prosecutions (DPP) Noordin Haji and Ethics and Anti-Corruption Commission (EACC) chairman Eliud Wabukala punished for allegedly disobeying a court order, has been dismissed by the Appellate Court.
The Court of Appeal disallowed the application by Kamau saying there was no proof that Haji, Wabukala and Inspector General of Police Joseph Boinnet among others, willfully disobeyed a court order, stopping them from charging him afresh with abuse of office.
Kamau through lawyer Nelson Havi had argued that a judgment of the Court of Appeal had permanently closed his prosecution but the DPP and EACC charged him afresh, disobeying a court order.
EACC and DPP on their part maintained that the court only quashed the charges, because the Commission was not properly constituted but nothing barred them from bringing fresh charges once the EACC was properly constituted.
“On account of the foregoing, we find that there is no proof to the required standard that the respondents have willfully and deliberately violated the judgment of this Court,” Justices William Ouko, Mohamed Warsame and Kathurima M’Inoti said.
Kamau said that the DPP, IG and EACC commissioners directed officers to raid his home on May 22, with an aim of arresting and charging him yet the charges were quashed by the court.
He had refused to plead to the charges but later denied the accusations after his attempts to stop the charges were rejected.
Kamau has been charged with abuse of office and failure to comply with guidelines relating to the management of public funds.
He denied the charges together with Mwangi Maingi, former Chief Engineer Roads and Nicholas Ndungu a former resident Engineer.
The charges stated that they arbitrarily authorized the redesigning of the Kamukuywa-Kaptama-Kapsokwony-Sirisia Road in Bungoma county leading to the loss of Sh33 million.
The design had been done by Engiconsult Consulting Engineers Ltd but they allegedly authorized its redesign, causing the taxpayer loss.