Court suspends Evans Kidero's trial in Sh213m graft case
Former Nairobi Governor Evans Kidero in court on April 30, 2019, when he and 14 others were charged in a Sh68 million corruption case. PHOTO | DENNIS ONSONGO | NATION MEDIA GROUP
What you need to know:
- Dr Kidero and eight others allegedly conspired to commit fraud, leading to the loss of Sh213,327,300 at the county government between January 16, 2014 and January 25, 2016.
- Justice John Onyiego on Thursday issued an order suspending the trial that was to begin on Monday, pending determination of his appeal at the High Court.
- Dr Kidero, through lawyer James Orengo (Siaya Senator), argued that the charges were not specific and that they were meant to embarrass him.
- In reply, prosecutor Joseph Riungu urged the court to dismiss the application saying Dr Kidero failed to demonstrate how the charges were prejudicial.
The High Court has temporarily stopped the trial of former Nairobi Governor Evans Kidero in the Sh213 million corruption case.
Dr Kidero and eight others are accused of conspiring to commit fraud, leading to the loss of Sh213,327,300 at the county government between January 16, 2014 and January 25, 2016.
They allegedly authorised payments to various companies for services not rendered.
APPEAL
Justice John Onyiego on Thursday issued an order suspending the trial that was to begin on Monday, pending determination of Dr Kidero's appeal at the High Court.
The former county chief filed the suit after trial magistrate Douglas Ogoti rejected his plea to be tried separately.
Mr Ogoti also rejected his application against the charges, which he said were faulty, noting they met the threshold of law in criminal pleadings, procedure and practice.
The magistrate further said Dr Kidero and his co-accused would suffer neither harm nor prejudice due to the manner in which the charges were drafted and presented.
Justice Onyiego rule on May 7 on whether the charges are defective.
ARGUMENTS
Through lawyer James Orengo (Siaya Senator), the former governor argued that the charges were not specific and that they were meant to embarrass him.
He also said the prosecution did not indicate how they conspired, acted corruptly or fraudulently and occasioned the loss of that amount of public funds.
Mr Orengo said count one - conspiracy to commit an offence of corruption - could not be sustained together with offences set out in other counts, because they were defective.
In reply, prosecutor Joseph Riungu urged the court to dismiss the application saying Dr Kidero failed to demonstrate how the charges were prejudicial.
ALLEGATIONS
Dr Kidero allegedly received a total of Sh24 million from Lodwar Wholesalers Limited - it is said he received Sh14 million on August 24, 2014 and another Sh10 million on September 11, 2014.
The other suspects in the case include former 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.
