Former Lands CS Charity Ngilu

by Nancy Makena

Ngilu and Kamau to face charges after all

THE High Court has declined to stop prosecution of former Lands CS Charity Ngilu and her Transport counterpart Michael Kamau as recommended by the EACC.
Kamau is charged with abuse of office and Ngilu is charged with obstructing the EACC probe of Karen land. Justice George Odunga declared the ultimatum issued by President Uhuru Kenyatta to the EACC violated the law. Uhuru directed the anti-graft agency to ensure the DPP received the files without delay and reach a conclusion in 60 days.
He said the President was wrong in directing the Ethics and Anti-Corruption Commission on what to do. “He infringed upon the independence of the institution. He did not only abdicate his role as a person but he was clearly in breach of the constitution,” the judge said.
The judge said the 60- day deadline set by the President amounted to an unwarranted interference with the mandate of the EACC. He said the DPP is not obliged to act on EACC recommendations.
Uhuru gave the directive last March 26 when he delivered the list of shame and said investigations must be concluded in two months.
Ngilu, Kamau and nine others tried to stop their prosecution, saying the EACC had no mandate to investigate. Justice Odunga, Mumbi Ngugi and Joseph Onguto said resignation of commission members did not render it non-existent, only limited its ability.