5 top Gov’t officials sued in ex-Transport CS corruption case
Published on: May 25, 2018 04:01 (EAT)
Former Transport CS Michael Kamau has filed a contempt of court suit against five senior government officials. They include the Director of Public Prosecutions (DPP), the Ethics and Anti-Corruption Commission (EACC) boss, the Attorney General (AG), the National Police Service boss and the Milimani Court Chief Magistrate. In the application, Kamau wants the officials to be committed to civil jail for six months for their disobedience of an order issued by the Court of Appeal terminating charges leveled against him. “Summons be issued and are hereby issued to Noordian Haji, Archibishop Eliud Wabukala, Sophia Lepuchirit, Dr. Dabar Abdi Maalim , Micheal Mubea and Joseph Boinett to appear before this court to show cause what they should not be punished for contempt of court,” the application reads in part. According to the former CS, the Appellate Court terminated the proceedings in case No.11 of 2016 prohibiting the commencement of any further investigations and prosecutions. He said that on July 28 last year, the Chief Magistrate declined his request for acquittal of charges levelled against him. “The Chief Magistrate’s decision was based upon an obiter dicta statement in the judgment of the court of appeal, to the effect that the parties are at liberty to proceed as they deem necessary on the basis of a properly constituted EACC and within the dictates of the constitution and the law,” Kamau said. Through his lawyer Nelson Havi, the former CS has filed an appeal at the High Court together with an application for stay of criminal proceedings which has been slated for hearing on June 7. Eng. Kamau claims that the decision by EACC to raid his home seeking to arrest and prosecute him over abuse of office charges is an attempt to defeat the outcome of the pending application before the High Court. Similarly, he claims that the re-institution of charges and intended prosecution is a blatant disobedience of the court orders issued by the Court of Appeal. It is Kamau’s argument that he has no other way of enforcing the order issued on August 2017 by the Appellate Court apart from contempt proceedings. This comes after the DPP ordered that Eng. Kamau be charged afresh for corruption. According to the Prosecutor, there is new evidence sufficient to convict the former CS whose previous case was dismissed by Court of Appeal. Kamau is expected to appear in court next Wednesday to answer to the charges.