The Sh213 million corruption case against former Nairobi Governor Evans Kidero will proceed as scheduled, following the High Court’s dismissal of his bid to have it halted.
Dr Kidero and eight others are accused of conspiring to commit fraud which led to the loss of Sh213,327,300 at the county government between January 16, 2014 and January 25, 2016.
In a ruling on Tuesday, the court dismissed the ex-governor’s bid to delay the entire matter pending determination of his appeal against charges that he said were defective.
Justice John Onyiego directed Dr Kidero to appear before the Anti-Corruption Court for the trial.
KIDERO’S ARGUMENTS
Through lawyer James Orengo (Siaya Senator), Dr Kidero had argued that the charges were not specific and that they were meant to embarrass him.
He had also said the prosecution did not indicate how they conspired, acted corruptly or fraudulently and occasioned the loss of that amount of public money.
Dr Kidero further cited a crowded charge sheet but the judge said this was not a ground for his plea, and added that he was not a victim of tax issues raised in the petition.
Mr Onyiego also noted that Dr Kidero had not yet been convicted so there was no need for the appeal.
The judge further noted that the issues Dr Kidero raised could be canvassed during the trial before Anti-Corruption Court Chief Magistrate Douglas Ogoti.
The former governor moved to the High Court after Mr Ogoti rejected his bid to be tried separately.
NO PREJUDICE
Justice Onyiego therefore ruled that Dr Kidero would not suffer prejudice if the case proceeded before the hearing of his application.
“I find no sufficient grounds to stay the proceeding before a lower court. The application is dismissed,” he said.
“The parties are to appear before the trial court as scheduled for the hearing,” the judge said and offered to fast-track the appeal.
The petition will be heard on May 20.
TEMPORARY RELIEF
On Monday, a magistrate temporarily put off the trial pending the outcome of the appeal at the High Court.
The accused were informed of Dr Kidero’s challenge when they appeared before Chief Magistrate Douglas Ogoti.
Ahead of the ruling on whether to terminate the charges, Mr Ogoti directed the suspects to appear before him on Tuesday for a status update.
Dr Kidero is charged alongside former county employees Lilian Ndegwa (County secretary), Jimmy Mutuku Kiamba (Chief Finance Officer), Gregory Mwakanongo (Finance and Planning minister), Stephen Ogago Osiro (head of accounting), Luke Mugo (acting CFO) and Maurice Ochieng Okere (acting head of Treasury).
John Githua and Grace Njeri of Lodwar Wholesalers and Ngurumani Traders Limited are accused of fraudulently receiving payments from the county.