THE Supreme Court has stayed the Court of Appeal ruling in a corruption case that had set former Transport Cabinet Secretary Eng Michael Kamau free .
This new twist means that the over 127 pending cases of corruption that had been stopped after Kamau challenged his prosecution on grounds that EACC was not properly constituted t the time charges were drawn are likely to return to court.
The Supreme court judges concurred with the DPP that the intended appeal against the ruling despite being filed out of time, concerns a substantial outlay of public resources amounting to approximately Ksh17 billion,” and cannot be wished away.
Equally, they said, that unless the appeal lodged against the Court of Appeal by the DPP is heard and determined. “there is real danger that over 127 pending cases of corruption, bribery and economic crime will be permanently terminated at this stage, thus severely dealing a blow to the administration of justice and the public interest.”
Among the cases that were stopped and had ridden on the Eng Michael Kamau crest , as it was called then,are the Ksh 8.1 billion Karen land saga which roped in Kutui Governor Charity Ngilu.
The late former Juja Mp George Thuo widow Judy Thuo was also among those who rode on the crest. Click the link below to read:
The Uasin Gishu woman Rep Gladys Shollei was also let off the hook in judiciary scam, thanks to the Eng Kamau ruling now stayed by the Supreme Court. Click the link below to read:
, among other high profile cases which we will profile in a subsequent post.
The DPP explained to the court that the delay in filing the appeal was caused by the Court Of Appeal’s failure to provide certified copies of typed proceedings despite having applied for the same as far back as July 14 2017, thing the judges reasoned was not a mistake of his own making despite Kamau’s protest that “the applicant had not demonstrated to the court what efforts it undertook to obtain the certified copies of proceedings.”
Kamau says in affidavit that the DPP has not moved the court with clean hands as the pursuit is unconstitutional.
He had successfully bloceked his prosecution at the lower court after appellate Judges Milton Makhandia, William Ouko and Kathurima M’inoti stopped any further criminal proceedings against him.
The appeal court had observed that the abuse of office charges pressed against the former CS were illegal and not properly investigated. It further affirmed that the Ethics and Anti-Corruption Commission (EACC) was not properly constituted by the time Eng. Kamau was charged.
This ruling offered a soft landing for the 127 cases that had been instituted at the time the defendants say the commission was improperly constituted. They had succeeded following this technicality.
“We have considered the question at the core of the application…whether the applicant has made a compelling case for this court to exercise it discretion in its favour and thereby grant the orders sought,” the judges of the Supreme court said in the ruling.
Kamau’s lawyers had argued that the constitution is very clear that EACC can only be properly constituted to perform its duties with at least three commissioners. Any decision made without commissioners is null and void.
Eng. Kamau was charged with corruption after being accused of having ignored the government procurement laws in awarding a tender for the construction of Kamukuywa-Kaptama-Kapsokwony-Sirisia road.
He made history for being the first CS in President government to be charged with corruption while he served in the Ministry of Transport, Infrastructure, Housing and Urban Development.
Next was Ngilu who had been charged with abuse of office for allegedly blocking investigations into the Karen land saga.