The Court of Appeal on Friday ruled in an abuse of office criminal case against former Transport Cabinet Secretary Michael Kamau.
Appellate Judges Milton Makhandia, William Ouko and Kathurima M'inoti dropped the charges against the Engineer and moved to stop any further criminal proceedings against him.
The court observed that the abuse of office charges levelled against the former CS were illegal and not properly investigated.
Further, the court observed that the Ethics and Anti-Corruption Commission (EACC) was not properly constituted by the time Eng. Kamau was charged.
"The appeal succeeded following this technicality," the judges observed.
"The constitution is very clear that EACC can only be properly constituted to perform its duties with at least three commissioners. Any decision made without commissioners is null and void," Kamau's lawyers had argued before the court in March.
Eng. Kamau came under fire after he was accused of having ignored the government procurement laws in awarding a tender for the construction of Kamukuywa-Kaptama-Kapsokwony-Sirisia road.
He made history for being the first CS in President Uhuru Kenyatta's government to be charged with corruption while he served in the Ministry of Transport, Infrastructure, Housing and Urban Development.
Kamau was axed from the Cabinet by President Kenyatta in November 2015 alongside four other Cabinet Secretaries who were facing graft charges. They included Charity Ngilu (Lands), Felix Koskei (Agriculture), Kazungu Kambi (Labour) and Davies Chirchir (Energy).
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