Michael Kamau to Face Fresh Abuse of Office Charges

Former Transport Cabinet Secretary Engineer Michael Kamau will on the 30th appear before a Nairobi anti-corruption court to answer to abuse of office charges relating to a Sh33 million road tender.

The charges stem from the controversial Kamukuywa–Kaptama–Kapsokwony–Sirisia Road project.

Court Issues Summons

Anti-Corruption Court Magistrate Douglas Ogot issued summons directing Kamau to appear in court after the prosecution indicated it was ready to proceed with fresh charges.

“We are applying for summons to be issued to Engineer Michael Kamau to appear in court to answer to the charges he is facing,” Senior Assistant Director of Public Prosecutions Alloys Kemo told the court.

Kamau is expected to be charged afresh on four counts, including abuse of office and conspiracy to commit an offence.

Alleged Loss of Sh33.3 Million

According to the prosecution, Kamau allegedly committed the offences on March 15, 2008, when he is accused of conspiring with members of the Ministerial Tender Committee to ignore government procurement regulations.

The State alleges that Kamau authorised the redesign of the Kamukuywa–Kapsokwony–Sirisia Road, leading to a loss of Sh33,303,600 in public funds.

Collusion Allegations

The prosecution further alleges that Kamau colluded with officials from Kundan Singh Construction Company, the firm that constructed the road, to abandon the original consultant’s design.

The road had initially been designed by EngiConsult Consulting Engineers Limited, but the redesign allegedly resulted in massive embezzlement of public funds.

Kamau is accused of abusing his office by authorising the redesign despite the existence of an approved professional design.

Second Attempt to Prosecute Kamau

This will be the second time Kamau appears before the anti-corruption court over the same matter, after the Director of Public Prosecutions (DPP) ordered that he be charged afresh.

Last year, the Court of Appeal halted Kamau’s trial over abuse of office allegations.

Appellate judges Milton Makhandia, William Ouko, and Kathurima M’Inoti ruled that the criminal proceedings pending before the anti-corruption court be stayed pending determination of his appeal.

Appeal Background

Kamau had appealed a High Court decision that ordered his trial to proceed, arguing that the Ethics and Anti-Corruption Commission (EACC) was not properly constituted at the time it investigated the case and recommended charges against him.

However, the DPP has since indicated that new evidence has emerged, which the prosecution says is sufficient to sustain fresh charges against the former Cabinet Secretary.

Co-Accused Persons

Engineers Mwangi Maingi and Nicholas Nganga, who are also charged in the case, have already pleaded not guilty to four counts, including abuse of office.

The matter will proceed once Kamau takes plea.