An anti-corruption court has summoned former Transport Cabinet secretary Michael Kamau to plead to charges in a questionable Sh33.3 million road tender.
Milimani chief magistrate Douglas Ogoti issued the orders after the Director of Public Prosecutions (DPP), through Senior State Counsel Aloys Kemo, was informed that police were unable to arrest Kamau.
“I apply for summons for the first accused pursuant to Section 90 of the Criminal Procedure Code (CPC) to appear in court and plead to the charges,” said Kemo.
The magistrate ordered that Kamau be served and the matter mentioned on May 30.
Kamau is facing charges of flouting procurement procedures relating to the management of public resources by failing to comply with set rules in designing of Kamukuywa-Kaptama-Kapsokwony-Sirisia roads, done by Engiconsult Consulting Engineers Limited at the cost of Sh33, 303,600.
Kamau was in July 2017 let off the hook after a relentless objection against his prosecution pegged on the improper constitution of the Ethics and Anti-Corruption Commission (EACC) at the time the charges were drafted.
He was freed after the Court of Appeal quashed his prosecution over abuse of office charges.
Appellate judges Milton Makhandia, William Ouko and Kathurima M’Inoti had ruled that the former CS was illegally charged in court and that allowing the DPP to continue with the prosecution will be committing an injustice.
The judges’ finding that the EACC was not properly constituted at the time Kamau was charged could also see several high-profile individuals facing corruption charges walk free.
In the charges facing Kamau, others found culpable are former chief roads engineer Mwangi Maingi and resident engineer Nicholas Ndung’u who have been indicted with an offence of abuse of office in which the government lost the colossal amount of money relating to the tender.
The two were arrested on Tuesday and released on a police cash bail of Sh100,000 to appear in court and answer to the new charges. Yesterday, Mwangi and Ng’ang’a, however, denied the criminal charges and were ordered to deposit a cash bail of Sh500,000 each to secure their release pending trial on July 3.
The court further gave them alternative bond of Sh2 million with a similar surety.
They denied that them, being employees of the Ministry of Transport, authorised the redesigning of Kamukuywa-Kaptama Kapsokwony-Sirisia roads.
The offences were allegedly committed between 2007 and 2008 when Kamau served as the Permanent Secretary in the Ministry of Roads and Public Works.
Kamau was suspended from the Cabinet and charged in June 2015 with two counts of abuse of office.
On Tuesday, EACC detectives raided Kamau’s home in Karen, Nairobi, where they conducted a search, but it is not clear what they found.