A Nairobi court on Tuesday terminated abuse of office charges against the National Health Insurance Fund (NHIF) chair Michael Kamau.
Milimani senior principal magistrate Victor Wakumile terminated the charges against the former Transport Cabinet Secretary following an application by the Director of Public Prosecutions (DPP) Noordin Haji under section 879(a) of the criminal procedure code.
The former CS was accused of arbitrarily authorising the redesigning of the Kamukuywa-Kaptama-Kapsokwony-Sirisia road in Bungoma county leading to the loss of Sh33 million.
He had been charged together with Mwangi Maingi, former chief engineer of 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 was first charged in June 2015 after he was suspended from his ministerial position by then President Uhuru Kenyatta before the trial was temporarily suspended after the Court of Appeal quashed it on July 14, 2017.
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.
It was alleged that the design had been done by Engiconsult Consulting Engineers Ltd but they allegedly authorised its redesign, causing a 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arguing that the charges were quashed were rejected by Justice Hedwig Ong’di on April 11, 2018, saying the charges were withdrawn on a technicality.
Source: Business Daily