City resident withdraws his petition against Kidero
A case in which a city resident wanted Governor Evans Kidero declared unfit to hold public office has been settled.
This was after the petitioner, Mr Benjamin Ndolo, through his lawyer told the court that they had arrived at an agreement and he has as a result lost interest in the matter.
Lady Justice Mumbi Ngugi heard that the consent between the parties was filed on April 22. “The petition is marked as withdrawn with no orders in accordance with the consent between the parties,” said the judge.
Dr Kidero, through his lawyer, confirmed the consent while the Attorney General who was the second respondent said his office was not involved in the consent but had no objection to it.
According to a report by the Auditor General, Mr Ndolo claimed the county government continued to operate bank accounts with commercial banks.
The petitioner had further argued that the accounts was in total disregard of a directive to close all accounts existing or inherited from County Hall’s predecessor — Nairobi City Council.
Mr Ndolo also claimed the county government had lost close to Sh500 million during Mr Kidero’s reign. “The said loss of money by the county government clearly shows neglect and failure by the first respondent (Mr Kidero) in his duties; thus causing the tax payers and county government to lose and continue losing monies,” Mr Ndolo had said.
Apart from seeking to have the governor declared unfit to hold public officer, Mr Ndolo also wanted a declaration that Mr Kidero, using his position had involved himself in corruption.
In his replying affidavit Mr Kidero denied engaging in any corrupt practice or conducting himself in a manner demeaning his office.
The Governor had described the petition by Mr Ndolo as unsubstantiated falling short of giving him proper notice of factual basis of his claim against him.