The High Court has been asked to expunge the testimony of a Co-operative Bank witness in former Nairobi Governor Evans Kidero's Sh213 million graft case.
Kidero says Charity Williams' testimony was based on bank statements trial magistrate Douglas Ogoti barred the prosecution from using.
He says the document, which details various transactions of Ngurumani Traders Limited and Lodwar Wholesalers Limited, was obtained illegally. The companies are co-accused in the said graft case.
Ogoti had on September 16, 2019, barred the Director of Public Prosecutions from referring to the said bank statements in further proceedings of the case. He declined to expunge Charity’s testimony.
Dissatisfied, the DPP filed for a review of the ruling. Kidero was also dissatisfied with the court's failure to expunge the bank documents together with Charity's testimony. The bank employee's testimony was based on the said statement.
The review was to proceed virtually before Judge John Onyiego but was put off due to technical hitch.
The DPP maintains that Kidero had neither established nor proven any prejudice he has suffered from Charity's testimony apart from making "general and baseless" allegations.
Prosecution counsel Victor Juma said Kidero had the opportunity to cross-examine Charity and the challenge on the inclusion of the witness’ testimony is a delayed afterthought and holds no ground.
He also said the disputed bank statement was obtained legally, contrary to Kidero's assertion.
“We can receive evidence from any source not just the EACC before determining who to charge and with what offence including corruption matters,” the DPP said.
Kidero has, alongside former city county secretary Lilian Ndegwa, former chief finance officer Jimmy Mutuku Kiamba, former finance and planning minister Gregory Mwakanongo, former acting chief finance officer Luke Mugo and former acting head of treasury Maurice Ochieng Okere, denied corruption and economic crime charges.
The charges include conspiracy to commit corruption, abuse of office, fraudulent acquisition of public property, dealing with suspect property, and failure to pay tax.
They are further charged with conspiracy to commit fraud, leading to the loss of Sh213,327,300 at the county government between January 16, 2014 and January 25, 2016.
- mwaniki fm
