Ex-Transport CS Michael Kamau on Wednesday appeared in court over fraud allegations but failed to take a plea.
Kamau had been summoned to court to answer to fresh charges of abuse of office in relation to the irregular payment of Sh 33 million in a road tender.
He was expected to face charges in relation to the Kamukunywa Kaaptama -Kapsokwony Sirisia road in Bungoma that led to the loss of the public funds.
When he turned up accompanied by his lawyer Nelson Havi, Kamau told anti-corruption court magistrate Douglas Ogoti he has already filed an application seeking to quash the charges, and thus the court ought to wait for that ruling.
Opposing the plea taking, Havi said the charges being preferred against Kamau were previously terminated by the Court of Appeal.
The lawyer said the prosecution’s move to reopen the case is an abuse of the Court process and amounts to intimidation.
But the prosecution led by Assistant DPP Fredrick Ashimosi and Alloys Kemo opposed the application and urged Court to order he face trial.
The duo said the fresh charges were properly instituted by their boss Noordin Hajji.
They said that the decision to charge Kamau was made following the reconstitution of the Ethics and Anti-Corruption Commission.