It is a sign of relief for former Transport Cabinet Secretary Michael Kamau after the High Court on Tuesday quashed one fraud count against him in the Ksh33 million case.
In His ruling Justice John Onyiego mentioned that the count was quashed due to failure of the charge sheet complying with the applicable procedures.
He added that it also failed to adhere to the guidelines relating to the management of public funds and unspecified failure to comply with Chapter 5 of the Government Financial Regulations and Procedure.
Justice Onyiego mentioned: “Having found that the charge sheet as drafted without specific reference to the specific regulation amounts to illegality the same must be quashed. The court should have rejected the charge sheet upon registration.”
The judge further ruled that the embattled former CS needs to know what he did or what he did not comply with under the stated regulations.
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The court noted: “Count one, he is alleged to have acted contrary to Chapter Five of the government financial regulation and procedure, this chapter has several regulations and the petitioner needs to understand specifically which regulation he offended.”
In his submissions, Kamau had argued that the trial court failed in its duty to observe and consider that the charge sheet and the charges framed against him were not lawful and did not pass the constitutional threshold.
He further claimed that the charges against him show a lack of proper foundation for his prosecution claiming that they are defective and lack specificity.
However, the court refused to stop Kamau’s prosecution affirming that the Director of Public Prosecutions (DPP) is free to institute a properly complied charge sheet in accordance with the relevant and applicable law.
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