Former minister’s graft case ruling drags EACC suits

Former Transport minister Michael Kamau. FILE PHOTO | NMG
Former Transport minister Michael Kamau. FILE PHOTO | NMG  

The Court of Appeal ruling stopping the prosecution of former Transport secretary Michael Kamau has dragged a number of corruption cases dating back to 2015, the public prosecutor has said.

The ruling rendered null and void graft cases that were processed shortly after former Ethics and Anti-Corruption Commission (EACC) bosses led by chairman Mumo Mutemu and commissioners Jane Onsongo and Irene Keino resigned.

Public Prosecution senior assistant director Vincent Monda said on Thursday they had been forced to identify cases dating back to 2015 before the EACC hired substantive bosses.

Mr Monda told Malindi chief magistrate Julie Oseko during the mention of Sh40 million Constituency Development Fund (CDF) graft cases involving outgoing Ganze MP Peter Shehe that the Director of Public Prosecution (DPP) wants more time to establish how they will proceed with the case.

On July 25, judges Milton Makhandia, William Ouko and Kathurima M’Minoti dropped charges against Mr Kamau and stopped any further criminal prosecution against him.


The court noted that the abuse of office charge against Mr Kamau was illegal and were not properly investigated.

Further, the appellant court noted that the EACC was not properly constituted by the time the minister was charged in 2015.

Mr Shehe, who is charged alongside six former CDF committee members with embezzling funds meant for projects, had filed same application before the High Court but it was ruled out.

“The DPP might be forced to drop the charges against the accused and later ask the EACC to forward their report afresh for prosecution of the offenders,” he said. “This will also affect cases awaiting defence and judgment.”

Mr Monda said the cases affected are mostly those President Uhuru Kenyatta ordered the EACC to investigate and present a corruption report within 60 days during his address to Parliament on March 20, 2015.

“The President directed the EACC to complete investigations within 60 days and forward the report without delay to the EACC and DPP. He further directed those named in the report to step aside from their public offices,” states part of appellant ruling presented in court.