It is a relief for former transport CS Eng.Michael Kamau after the court of appeal quashed the criminal charges against.
The Appellate Judges Milton Makhandia, William Ouko and Kathurima Mminoti ruled that the EACC was not properly constituted when it investigated the former Cs and recommended his prosecution.
The law is very clear that EACC can only be properly constituted to perform its duties with at least three commissioners. We find that their decision to forward the file to DPP to prosecute Mr Kamau was illegal, null and void,” the judges ruled.
The former CS moved to the court of appeal to challenge the corruption charges leveled against him.
The Court of appeal allowed the appeal by Kamau and set aside orders previously set by the high court.
In his appeal, Kamau argued that EACC lacked the necessary quorum to recommend charges against him.
Kamau was facing charges of flouting procurement procedures relating to the management of public funds on a tender for the construction of Kamukuywa-Kaptama-Kapsokwony-Sirisia road.
The construction of the road which had been done by Engiconsult Consulting Engineers is alleged to have led to the loss of Sh 33,303,600.
Kamau was charged in June 2015 with abuse of office and failure to comply with the procurement laws.
The former CS pleaded not guilty and was released on a Ksh1 million cash bail.