Former Nairobi Governor Evans Kidero wants the High Court to quash a lower court’s decision directing that he pleads afresh to the Sh58 million graft case.
Kidero says anti-corruption magistrate Douglas Ogoti unlawfully and illegally arrogated to himself powers to direct the Director of Public Prosecutions on how to exercise his mandate.
On December 4 last year, the trial court directed the DPP to prepare and present new charge sheets and have Kidero, former Chief of Staff George Wanaina, John Kariuki and 13 others take fresh pleas.
Kidero says although the trial court termed the directions as observations and recommendations, the court proceeded to issue unconditional orders to the DPP to comply.
“I'm dissatisfied with the decision of the trial court to the extent that the directions issued exceed the powers of the court on the matter that was before it for determination and are unlawful,” he says.
The former governor says the ruling was incorrect, improper and illegal "because Ogoti transformed himself into a prosecutor and became an active player in the litigation arena by directing the DPP on how to prepare new charge sheets".
“The trial court erred, misdirected and misconducted himself by purporting to make observations and recommendations while in fact, he was issuing binding directions or orders, which the DPP was bound to comply with.”
Kidero has since declined to plead to the fresh charges.
The matter is pending in court. The High Court is also yet to give its direction on the review Kidero has filed against Ogoti's ruling.
In the case, the former governor was charged alongside former officials George Wainaina Njogu (chief of staff), John Ndirangu Kariuki (mayor) and Paul Mutunga Mutungi (councillor) who are implicated in the case.
Kidero also faces another graft case in which he is accused of conspiring to commit fraud that led to the loss of Sh213 million at the county between January 16, 2014, and January 25, 2016.
