The Director of Public Prosecution, Noordin Haji has filed an application to the President of Supreme Court Justice David Maraga to intervene in his push for former Transport CS Michael Kamau to be prosecuted.
According to the DPP, his office has gathered enough evidence that can see through the prosecution of the former CS who was accused of misappropriating Ksh33 million meant for a road in Bungoma county.
State Prosecutor Ashimosi Shitambasi on Thursday told Anti-Corruption Court Magistrate Douglas Ogoti that: “We have filed an application to stay the decision of the Court of Appeal delivered on July 14, 2017.”
The application seeks to halt a decision made by the Court of Appeal that quashed charges against the former Cabinet Secretary.
The State Prosecutor further informed the judge that the Court of Appeal will rule on Friday on Kamau’s application to block his prosecution.
The DPP, however, requested Magistrate Ogoti to delay the ruling on the application and await the decision of the Court of Appeal.
“For purposes of respect of hierarchy of court, and since the Appeals court decision is binding on this court, the ruling expected today has hereby stayed,” he noted.
In April the Anti-Corruption Court Judge Hedwig Ong’undi dismissed Kamau’s plea for acquittal, opening avenues for the state to institute fresh charges against the former CS.
However, Kamau was discharged by a lower court following a decision of the Court of Appeal, which issued an order permanently blocking his prosecution.
They commented that the EACC was not properly constituted when it investigated the former CS and recommended his prosecution.