Former PS Kamau off the hook in graft charge after landing job

Former Transport Cabinet Secretary Michael Kamau yesterday joined the growing list of suspects whose criminal cases are being dropped by the Directorate of Public Prosecutions months after President William Ruto took office.

 The discharge comes only days after President William Ruto recently appointed Kamau as chairperson of National Health Insurance Fund (NHIF) board for a term of three years

 Kamau was freed hours after former Kiambu Governor Ferdinand Waititu who is also facing graft allegations raised concern that  he has been forgotten and has no one to talk to besides his two wives and children.

 Among those who have benefitted from mass withdrawal of cases instituted during former President Kenyatta regime include Deputy President Rigathi Gachagua over Sh7.3 billion corruption case.

Other appointees

 Others whose cases have been dropped by the DPP and appointed to plum State jobs are Communication Authority of Kenya chairperson Mary Wambui, Cabinet Secretaries Aisha Jumwa, Mithika Linturi and former Kenya power MDs Ben Chumo and Ken Tarus.

 Kamau was discharged by the Anti-corruption court sitting in Nairobi after the DPP reviewed his Sh33 million case and found that there is no sufficient evidence to sustain the case against the former CS and his co- co-accused persons Mwangi Maingi and Nicholas Ng’ang’a.

 While dropping the graft case against Kamau which has been pending in court for the last eight years, the DPP informed Milimani Senior Principal Magistrate Victor Wakhumile that he reviewed the evidence on record afresh and invoked his discretion and duties in terminating the life of a pending case before determination. Nine witnesses had testified in the case before the DPP recalled the file for review.

 The public prosecutor had sought to have the charges withdrawn under Section 87 (a) of Criminal Procedure Code (CPC).  Under this section a suspect may be re- re-arrested and prosecuted again once cogent evidence has been acquired by the investigating agencies. Consequently, the magistrate allowed the DPP’s request to discharge Kamau and two others over the construction of the Kamukuywa-Kapsokwony-Sirisia Road that led the government to lose Sh33.3 million.

 The three who were senior officials at the Ministry of Roads between 2007 and 2008 had been accused of arbitrarily authorized the redesigning of the road when it had already been done by Engconsult Limited at the cost of Sh33.3 million thereby subjecting the public to pay twice.

 Maingi is alleged to have abused his office between July 2007 and March 2008 when he was the chief engineer for roads while Ng’ang’a was the resident engineer.

 Prosecution alleges that their actions resulted in loss of public funds when they sidelined the company which had already been paid in undertaking the road’s redesign.

 Maingi also faced charges of giving misleading documents, where it was alleged that he lied to the ministerial tender committee in the ministry of roads that the implementation of an agreement with Kundan Singh Construction Limited had no cost implications to the government.

 Kamau faced two charges of willful failure to comply with applicable procedures and guidelines relating to management of public funds and abuse of office.