Justice John Onyiego found that count one, in which Kamau is charged with failure to stop Sh33 million tender award for a road in Bungoma County, is ambiguous/file
NAIROBI, Kenya, Apr 17 – The High Court has directed the Director of Public Prosecutions to reconsider the criminal case facing former Transport Cabinet Secretary Michael Kama as the charges against him do not disclose an offence.
Justice John Onyiego found that count one, in which Kamau is charged with failure to stop Sh33 million tender award for a road in Bungoma County, is ambiguous.
He said that it is incumbent upon the DPP to ensure that the accused is charged within provisions of the law that discloses an offence committed.
Kamau in his petition said that the present charges are premised upon an illegal and unconstitutional directive from the office of the Director of Public Prosecutions and cannot stand.
He sought the court to stay his criminal proceedings and declare that his prosecution is tainted with illegalities.
He argued 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.
In July this year, the former CS was charged with abuse of office and wilful failure to comply with applicable procedures and guidelines relating to the management of public funds.
The particulars of the charges indicated that on 15 March 2008, Kamau wilfully failed to comply with the set rules by ignoring the design of Kamukuywa-Kaptama-Kapsokwony-Sirisia Road done by Engiconsult Limited at a cost of Sh33,303,600 and entering into a memorandum under which the resident engineer redesigned the same road without due process.
He denied the charges and was released on a cash bail of Sh500,000.
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