Court terminates Sh33m graft case against former Transport CS Michael Kamau

Former Transport CS Michael Kamau is a free man after a Nairobi court terminated abuse of office charges he was facing.

Milimani Senior Principal Magistrate Victor Wakumile terminated the charges against the former cabinet secretary following an application by the Director of Public Prosecutions (DPP) Noordin Haji under section 879(a) of the criminal procedure code.

Mr Kamau, who is currently the chairman of National Health Insurance Fund (NHIF) board, was facing charges of abuse of office and failure to comply with guidelines relating to the management of public funds.

Nine witnesses had testified in the case.

He had been charged together with Mr Mwangi Maingi, former Chief Engineer Roads and Nicholas Ndungu a former resident Engineer, in connection to the redesigning of a road in Bungoma County more than a decade ago.

The 64-year-old Kamau has been in court corridors over the years as he challenged his prosecution.

He initially refused to plead to the charges arguing that he was acquitted by the Court of Appeal. This is after the Court of Appeal ruled that the Ethics and Anti-Corruption Commission (EACC) was not properly constituted at the time it completed the investigations and forwarded its report and recommendations to the DPP.

Mr Kamau said the authorities were aware that he was a free man but went ahead and preferred the same charges against him.

The charges stated that the former roads officials arbitrarily authorized the redesigning of the Kamukuywa-Kaptama-Kapsokwony-Sirisia road in Bungoma county leading to the loss of Sh33 million.

It was alleged that the design had been done by Engiconsult Consulting Engineers ltd but they allegedly authorized its redesign, causing loss of Sh33,303,600. The court heard that they committed the offence between July 15, 2007 and March 15, 2008.

He was charged afresh before a Milimani court and was freed after depositing cash bail of Sh500, 000 in court.

His attempts to challenge the charges at the High Court, arguing that the charges were quashed were rejected by Justice Hedwig Ong’udi on April 11, 2018, saying the charges were withdrawn on technicality.

Consequently, the magistrate allowed the DPP's request to discharge Kamau and two others over the construction of the Kamukuywa-Kapsokwony-Sirisia road that led the government to lose Sh Sh33,303,600.

The discharge comes after President William Ruto recently appointed Kamau to be the chairperson of NHIF Board for a term of three years

The three who were senior officials at the ministry of roads between 2007 and 2008 had been accused of arbitrarily authorised the redesigning of the road when it had already been done by Engconsult Limited at the cost of Sh 33,303,600 thereby subjecting the public to pay twice.

Maingi is alleged to have abused his office between July 2007 and March 2008 when he was the chief engineer for roads while Ng’ang’a was the resident engineer.

Prosecution alleges that their actions resulted in loss of public funds when they sidelined the company which had already been paid in undertaking the road’s redesign.

Maingi also faced charges of giving misleading documents, where it was alleged that he lied to the ministerial tender committee in the ministry of roads that the implementation of an agreement with Kundan Singh Construction Limited had no cost implications to the government.

Former CS Kamau faced two charges of willful failure to comply with applicable procedures and guidelines relating to management of public funds and abuse of office.

It is alleged that as a person responsible for management of public revenue, he ignored the design of Kamukuywa-Kaptama-Kapsokwony-Sirisia Road done by Engiconsult Limited and irregularly allowed the resident engineer to redesign the same road.

Kamau is also accused of abusing his authority by causing the road to be redesigned without involving Engiconsult Consulting Engineers Limited.

Consequently, the magistrate allowed the DPP's request to discharge Kamau and two others over the construction of the Kamukuywa-Kapsokwony-Sirisia road that led the government to lose Sh Sh33,303,600.

The discharge comes after President William Ruto recently appointed Kamau to be the chairperson of NHIF Board for a term of three years.

The three who were senior officials at the Ministry of Roads between 2007 and 2008 had been accused of arbitrarily authorised the redesigning of the road when it had already been done by Engconsult Limited at the cost of Sh 33,303,600 thereby subjecting the public to pay twice.

Maingi is alleged to have abused his office between July 2007 and March 2008 when he was the chief engineer for roads while Ng’ang’a was the resident engineer.

Prosecution alleges that their actions resulted in loss of public funds when they sidelined the company which had already been paid in undertaking the road’s redesign.

Mr Maingi also faced charges of giving misleading documents, where it was alleged that he lied to the ministerial tender committee in the Ministry of Roads that the implementation of an agreement with Kundan Singh Construction Limited had no cost implications to the government.

Former CS Kamau faced two charges of willful failure to comply with applicable procedures and guidelines relating to management of public funds and abuse of office.

It is alleged that as a person responsible for management of public revenue, he ignored the design of Kamukuywa-Kaptama-Kapsokwony-Sirisia Road done by Engiconsult Limited and irregularly allowed the resident engineer to redesign the same road.