Michael Kamau Sues DPP, EACC Over Contempt

Former Transport Minister Engineer Michael Kamau has moved to court seeking to have senior State officials committed to civil jail for contempt of court, accusing them of defying orders issued by the Court of Appeal that terminated corruption charges against him.

Kamau has filed contempt proceedings against the Director of Public Prosecutions (DPP), the Ethics and Anti-Corruption Commission (EACC), the Attorney General, the National Police Service, and the Nairobi Chief Magistrate’s Court.

Seeks Jailing of Senior Officials

In his application, Kamau wants several senior officials summoned to court to explain why they should not be punished for contempt.

“Summons be issued to Noordin Haji, Rt. Archbishop (Rtd) Dr Eliud Wabukala, Sophia Lepuchirit, Dr Dabar Abdi Maalim, Michael Mubea, and Joseph Boinett to appear before this court to show cause why they should not be punished for contempt of court,” reads the application.

Kamau is seeking orders committing the respondents to six months in civil jail for allegedly disobeying binding court orders.

Claims Court of Appeal Barred Further Prosecution

According to Kamau, the Court of Appeal conclusively terminated proceedings in Anti-Corruption Case No. 11 of 2016, expressly prohibiting any further investigations or prosecutions against him in relation to the same subject matter.

He argues that despite the appellate court’s decision, State agencies have continued to pursue fresh charges against him in blatant violation of the law.

Faults Chief Magistrate’s Decision

Kamau further challenges a decision made on July 28, 2017, when the Chief Magistrate declined to acquit him and instead ordered his discharge.

He argues that the magistrate improperly relied on an obiter dictum in the Court of Appeal judgment suggesting that parties were at liberty to proceed with investigations provided the EACC was properly constituted and acted within the law.

“The Chief Magistrate’s decision was founded on an obiter dicta statement and not the binding orders of the Court of Appeal,” Kamau states in his pleadings.

Alleges Harassment and Abuse of Process

The former Cabinet Secretary claims that subsequent actions by the EACC—including a raid on his residence and attempts to re-arrest and prosecute him over abuse of office charges—were intended to defeat pending applications before the High Court.

He contends that the re-institution of charges amounts to a deliberate and blatant disobedience of Court of Appeal orders.

Kamau argues that contempt proceedings are the only effective means available to enforce the appellate court’s orders issued in August 2017.

DPP Insists on Fresh Charges

However, the DPP has maintained that Kamau can be charged afresh, insisting that new evidence has emerged sufficient to sustain corruption charges that were previously halted by the Court of Appeal.

Kamau is expected to appear in court next Wednesday to answer to fresh abuse of office charges before the Anti-Corruption Court.