• Ogoti ruled that everybody is equal before the law, and joining the cases would not prejudice the former county boss
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Former Nairobi Governor Evans Kidero has appealed the ruling by Nairobi Chief Magistrate Douglas Ogoti to have him tried alongside nine others in the Sh213 million fraud case. He has appealed at the High Court.
Kidero wanted his charges separated from those of the nine, who were employees during his tenure. He argued that consolidating the charges would subject him to embarrassment.
Magistrate Ogoti, however, ruled that everybody is equal before the law, and joining the cases would not prejudice the former county boss.
Kidero and his co-accused were charged last year with conspiracy to defraud the Nairobi City County of Sh213 million between January 16, 2014 and January 25, 2016.
But he faulted the charge sheet, arguing that the crime of fraud is not known in law, citing the Anti-corruption and Economic Crimes Act of 2003 which he argued does not define the alleged offence.
Kidero also wanted any offence relating to his tax record be dealt with at the Tax Appeal Tribunal, saying the court had no jurisdiction to hear and determine such. Ogoti, however, dismissed this argument.
On Friday, through his lawyer Tom Ojienda, the former Nairobi governor sought to have the High Court set aside the magistrate's ruling, saying he had erred in fact and in law in allowing a charge that "did not disclose an offence known in law."
Kidero's lawyers are also aggrieved by Ogoti's ruling that the issues raised were merely about case management that did not warrant amending the charge sheet.
Other suspects in the case are former county secretary Lilian Ndegwa, former chief finance officer Jimmy Mutuku, former Finance executive Gregory Mwakanongo, former accounting head Stephen Ogago, former acting chief finance officer Luke Mugo and former acting head of treasury Maurice Okere, among others.