The widow of former Juja MP George Thuo has moved to court seeking to have the Kenya Pipeline Company graft case against her dismissed.
Judy Wamaitha Thuo and former Kenya Pipeline Director Charles Tanui want the court to discontinue their prosecution on grounds that the Ethics and Anti-Corruption Commission (EACC) was not properly constituted since it did not have commissioners during their investigations.
Mrs. Thuo who is the director Redline Company says that the process leading to the charges facing her and others in the case was fatally defective thereby rendering the charges against them is unsustainable.
They argue that they are business people whose reputation and standing has been grossly affected by the charges against them.
Judy and Tanui were charged alongside four other officials with six counts of abuse of office and failing to comply with procurement rules in awarding the contract, false documentation and irregular payments contravening procurement laws.
Chief Engineer Josphat Kipkoech Sirma and Chief Technical Manager Elias Karumi are accused of making an irregular payment to Redline Limited for the installation, testing and commissioning of auto-transformers on the basis of falsified documents.
Mrs. Thuo is separately charged with acquiring public funds illegally.
They had been accused of receiving indefinite payment of Ksh28.5 million from Kenya Pipeline Company (KPC) for the installation of transformers.
Judy had been charged alongside her son Ian Gichuhi who was later cleared of the charges and released.
They all denied the charges and were released on a cash bail of Sh 350,000 each.
Court of appeal application dismissed
The accused had moved to the appellate court seeking an order that the high court decision that had denied them a reprieve be set aside and a declaration that the appellant is entitled to disclosure of a report and recommendation of EACC for their case prepared under Section 35 of anti-corruption and Economic crimes act and submitted to the DPP.
However, the three-judge bench hearing the matter directed it to be returned to the high court for a fresh decree.