Nairobi — An anti-corruption court is Friday set to rule on whether it will proceed with a fresh prosecution of former Transport Cabinet Secretary Michael Kamau in the pendency of two appeals at the Supreme Court.
The decision was arrived at by Magistrate Douglas Ogoti who Tuesday heard from lawyers representing Kamau that the former CS had filed a certificate of urgency seeking to stop fresh charges over a Sh33 million scandal that led to his suspension in 2015.
James Orengo and Nelson Havi told the court that the appellant had already secured directions from Deputy Chief Justice Philomena Mwilu on June 25 with the mention of his application set for July 30.
Kamau's move to the Supreme Court followed a decision by a three-judge bench of the Court of Appeal on June 22 upholding a High Court ruling issued by Justice Hedwig Ongudi on April 11 declining Kamau's request to stop a fresh prosecution.
Kamau had cited another Court of Appeal judgment delivered on July 14 2017 which compelled the Ethic and Anti-Corruption Commission (EACC) to drop charges against him.
The ruling at the time was premised on the fact that EACC was not fully constituted at the time of preferring charges against Kamau.
The Directorate of Public Prosecutions (DPP) however cleared the EACC to institute fresh charges against Kamau earlier in the year.
DPP's decision was upheld by the High Court in April and the Court of Appeal in June following a challenge by Kamau.
In both instances, the two courts noted that the decision issued by the County of Appeal in July 2017 did not in any way clear Kamau of wrongdoing as it only faulted the constitution of the anti-graft agency.
