Former Transport Cabinet Secretary Michael Kamau received a blow after a court ruling over a corruption case he faces.
The Court of Appeal in Nairobi on Friday declined to stop his prosecution, arguing the caseÂ was discharged and not acquitted.
Additionally,Â the appellate court maintained the Director of Public ProsecutionsÂ Noordin HajiÂ was free to file fresh charges against the former CS.
Anti-corruption court chief magistrate Douglas Ogoti summoned Kamau to appear in court on May 30 after detectives failed to locate and arrest him during a raid at his Karen home.
Engineer Kamauâ€™s two co-accused Mwangi Maingi and Nicholas Ngâ€™angâ€™a, however, presented themselves to court and were charged with abuse of office.
The two were further charged withÂ giving misleading documents in relation to the redesign of Kamukuywa-Kaaptama-Kapsokwony-Sirisia Road in Bungoma leading to the loss of Ksh33 million.
According to the charge sheet, the three who were senior officials at the ministry of roads between 2007 and 2008, arbitrarily authorized the redesigning of the road when it had already been done at the cost of Ksh33 million thereby subjecting the public to pay twice.
Kamau will face two charges of willful failure to comply with applicable procedures and guidelines relating to the management of public funds and abuse of office.
The second charge stated that Kamau abused his authority by causing the road to be redesigned without involving Engiconsult Consulting Engineers Limited.
The High Court declined to stop the charges prompting him to move to the Court of Appeal where Appellate Judges Milton Makhandia, William Ouko and Kathurima Mâ€™Inoti ruled that the Ethics and Anti-Corruption Commission was not properly constituted in 2015 to institute the charges.