A Nairobi court today terminated a criminal case against former Transport Cabinet Secretary (CS) Engineer Michael Kamau relating to the design of Kamukuywa-Kaptama-Kapsokwony-Sirisia Road at the cost of Sh33.3 million.
Milimani Anti- corruption magistrate Lawrence Mugambi formally freed Kamua after receiving an order from Court of Appeal which declared the trial unconstitutional.
Kamau’s Lawyer presented an original Court of Appeal order issued on July 14 by appellant Judges Milton Makhandia, Kathurima M’Inotis and William Ouko that declared his trial as unconstitutional and directed the anti-corruption court to terminate the charges against him.
However, the magistrate directed that the case against the Kamu’s eight co-accused persons to proceed to full trial. Earlier Director of Public Prosecutions Keriako Tobiko opposed the withdrawing of entire criminal case saying no order was placed before the lower court specifying who to discharge and who should remain in the proceedings.
The DPP through senior state counsel Frederick Ashimosi strongly opposed the defence application saying no order is placed before lower court specifying who to discharge and who should remain in the proceedings.
At the same time Kamau’s co-accused persons asked the court to free them also since the same Court of Appeal order affected them as they were jointly charged alongside Kamau. Ashimosi told the court that the degree is yet to be drafted and signed by Registrar of Court of Appeal which will give specification who should be acquitted and who should remain in the case.
“It will be prejudicial to the prosecution if the court go ahead terminating the entire case without first getting the degree signed by registrar,” said Ashimosi.
The Court of Appeal quashed a corruption case against Kamau who had only filed the appeal seeking termination of his prosecution. In their ruling, the three Judges had said that the decision to charge the former CS was illegal and terminated criminal proceedings against him.
