Court throws out former Nairobi governor’s application in fraud case
An application by former Nairobi Governor Evans Kidero to have him charged separately from 10 other accused persons, in a case in which they are charged with conspiracy to defraud Nairobi City County of Sh213 million, has been dismissed by the court.
Chief Magistrate Douglas Ogoti on Monday ruled that separating the accused persons would be expensive and time-consuming.
Dr Kidero and the other suspects have been charged with conspiracy to defraud Nairobi City County of Sh213 million between January 16, 2014 and January 25, 2016.
The Director of Public Prosecution (DPP) Noordin Haji wrote to the court opposing the governor’s application.
The prosecution argued that Dr Kidero had not demonstrated reasons why he should face trial separately from the other 10 accused persons.
Court dismisses application by former Nairobi Governor Evans Kidero to have him charged separately from 10 other accused persons, in a case in which they charged with conspiracy to defraud Nairobi City County of Sh213 million. #AntiCorruption_ODPP pic.twitter.com/lUXNwtKV8q
— ODPP_KE (@ODPP_KE) March 25, 2019
“The prosecution will be prejudiced by having to call the same witnesses for different trials and the facts of this case are of similar character,” State Prosecutor Jenifer Kaniu said.
Kidero has been charged together with former chief officers in his administration including former County secretary Lilian Ndegwa, former chief finance officer Jimmy Mutuku Kiamba, former minister in charge of finance and planning Mr Gregory Mwakanongo, former accounting head Stephen Ogago Osiro, former acting chief finance officer Luke Mugo and former acting head of treasury Maurice Ochieng Okere.
The court also dismissed two other applications, including one on duplication of conspiracy charges, but ruled that the charges were proper.
Also dismissed was the application that tax-related offenses be heard at Tax Appeal Tribunal since it was not within court’s jurisdiction to hear and determine such.
However, Chief Magistrate Douglas Ogoti ruled that the court can hear both criminal and civil cases.