Former Roads and Transport Cabinet Secretary Michael Kamau who is facing a Sh33million graft case does not want the case consolidated with another in which seven engineers are charged with a related offence.
They are facing abuse of office charges over the redesigning of Kamukuywa-Kaaptama-Kapsokwony-Sirisia road in Bungoma County, leading to the loss of Sh33 million 10 years ago.
According to the charge sheet, Mr Kamau, Mr Maingi and Mr Ndung’u who were senior officials at the ministry of Roads between 2007 and 2008, arbitrarily authorised the redesigning of the road when it was already done at a cost of Sh33,303,600 thereby subjecting the public to pay twice.
The Director of Public Prosecutions (DPP) Noordin Haji wants to consolidate the case with another in which seven engineers, among them former Principal Secretary Gilbert Mong’are Arasa, are charged in relation to the road tender.
The other suspects are Philip Onyango Sika, Weche Raphael Okubo, Sylus Wachira Gitau, Charles Oike Mubweka, Kata Matemu Kithiio and Kenneth Mwangi.
The seven are accused of redesigning the Kamukuywa-Kaaptama-Kapsokwony-Sirisia Road without planning between November 6, 2007 and March 12, 2008. They have denied the charges and are out on bond.
Anti Corruption Court Chief Magistrate Douglas Ogoti directed the DPP to file a formal application and ordered that the application be heard on November 6.
This is the second time Kamau and his co-accused are being charged in relation to the controversial redesign of the road.
They were first charged in June 2015 but the former CS challenged his prosecution at the High Court on grounds that the charges were unconstitutional.
The High Court declined to stop the charges prompting him to move to the Court of Appeal where the Appelate Court ruled that the anti-corruption body was not properly constituted in 2015. The court however stated that the commission had the power to charge him afresh once it is properly constituted.