Ksh16 Billion stolen from public coffers will only be recovered if the prosecution of former Cabinet Secretary Michael Kamau is allowed to continue, the Ethics and Anti-Corruption Commission (EACC) on Thursday claimed.
In a suit filed at the Court of Appeal, the former Roads CS has asked the court to dismiss a suit filed against him by the EACC and the Office of the Director of Public Prosecutions.
Lawyers Kiragu Kimani and Fredrick Ashimosi, representing EACC and DPP argued that Kamau's claim that the proceedings could be scrapped because EACC was not properly constituted at the time of his arrest, was invalid.
"Any decision this court will make will be binding on 127 high profile corruption cases at the lower courts involving billions of shillings stolen from public coffers.
[caption caption="Former Roads CS Michael Kamau during a past appearance in court"]
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"You cannot close your eyes to the fact that the outcome of this case will set precedence in all other cases," lawyer Kimani argued.
The former CS is also challenging a decision by the public prosecutor to impose new charges on abuse-of-office as well as the loss of Ksh.33 Million.
According to the DPP, the Ksh.33 Million was lost after Kamau supplied misleading documents on the redesign of Kamukuywa-Kaptama-Kapsokwony-Sirisia Road in Bungoma.
Nelson Havi, the lawyer representing Mr Kamau told Judges William Ouko, Mohamed Warsame and Kathurima M’Inoti that the fresh charges were illegal, given he had been discharged on account EACC was not properly constituted.
The lawyer further explained that Havi argued that the decision had terminated all cases against Kamau and prosecuting him over the same matter amounted to abuse-of-power.
EACC CEO Halakhe Waqo, on the other hand, assured the court that investigations on Mr Kamau and those indicted in the scandal were concluded before the former commissioners left office.
The judges will give a decision on June 15.
[caption caption="EACC CEO Halakhe Waqo (centre) with senators"]
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