The High Court has now ruled that cases on former Cabinet Secretaries Charity Ngilu and Michael Kamau will proceed even though they were investigated by the EACC which had no commissioners at the time.
A three judge bench hearing the case challenging their prosecution has ruled that they cannot stop the charges because they were properly recommended by the Director of Public Prosecutions.
In their judgment, the three judges have ruled that the DPP's decision is independent and not bound by EACC which was not properly constituted at the time it sent a file to the DPP.
Ngilu and Kamau had moved to court arguing that the recommendation to have them prosecuted was null and void as it had no commissioners at the time.
The judges further faulted President Uhuru Kenyatta for interfering with the independence of the EACC by setting a deadline within which it should complete investigations.
