PD Reporter @PeopleDailyKe
Ghosts of scandals that rocked some public sector departments have returned to haunt the suspects. The Anti-Corruption Commission (EACC) detectives yesterday raided the home of former Transport Cabinet secretary Michael Kamau in Karen, in a bid to have him charged afresh with abuse of office allegations he had been cleared of by the court through a legal technicality.
Two of Kamau’s co-accused engineers were arrested and are expected to appear in court this morning. Kamau was, however, lucky to escape the detectives’ dragnet after he reportedly left the house by the time they arrived.
But sources told People Daily that EACC had last week met with the Director of Public Prosecutions (DPP) Noordin Haji with whom it was agreed that fresh charges be opened against Kamau and his co-accused.
Kamau had been charged alongside former chief engineer Mwangi Maingi, tender committee chairman Philip Onyango, Gilbert Arasa, Raphael Okubo, Sylus Gitau and Charles Mubweka.
Sources in the DPP’s office said Haji recommended Kamau’s prosecution after EACC resubmitted his file assessed as containing sufficient evidence to sustain a trial. About 10 officers from EACC went to Kamau’s home at 5am demanding to interview him.
Although they were told Kamau was not in, the officers camped outside the residence in Windy Ridge Estate, on Pepo Lane ,until after10am when they left.
Kamau’s lawyer, Nelson Havi, said the officers claimed they were acting on “powers from above.” The officers left the residence without carting away anything by the time journalists arrived.
The family protested the raid saying the detectives did not have a search warrant and that there was an order stopping any form of harassment on the former CS.
“My colleague who was here during the search asked them for a search warrant but they did not have it,” said Havi. “He also showed them an order by the Court of Appeal barring EACC from investigating my client.”
Kamau was in 2015 charged with two counts of abuse office and willful failure to comply with applicable procedures as well as guidelines relating to management of public funds.
He was also accused of failing to comply with the set rules by ignoring the design of Kamukuywa-Kaptama-Kapsokwony-Sirisia Road done by Engiconsult Limited at a cost of Sh33,303,600 and entering into a memorandum with the resident engineer to redesign the road without involving experts.
The former CS was accused of committing the said offences between 2007 and 2008 when he served as the permanent secretary in the Roads and Public Works ministry.
His prosecution in June 2015 came after he was suspended from his ministerial position by President Uhuru Kenyatta alongside other Cabinet secretaries.
He was later discharged by a Magistrate’s Court following a decision of the Court of Appeal which issued an order permanently blocking his prosecution.
But last month, the High Court allowed the EACC to start a fresh probe into corruption accusations against Kamau.