Anti-Corruption Court magistrate Douglas Ogoti has issued a stern warning to the investigating officer handling the Sh213 million graft case against former Nairobi Governor Evans Kidero and nine others.
Ogoti took issue with how the prosecution was handling the case after a witness failed to appear in court. The case was to proceed yesterday to full hearing.
The court heard that the witness allegedly from Equity Bank had been bonded to appear in another case in a city court.
“I am not happy with today’s events. Hearing dates were issued during the pre-trial conference and parties should have come prepared. However, the prosecution has promised to put its house in order,” Ogoti said.
The magistrate was forced to adjourn the matter to tomorrow.
“Do not come back to court and don’t be handed a file if you are not prepared. This is a warning,” Ogoti said.
In the case, Kidero has been charged alongside former officials that include County Secretary Lilian Ndegwa, chief finance Officer Jimmy Mutuku Kiamba and Finance and Planning executive Gregory Mwakanongo.
Others charged are head of accounting Stephen Ogago Osiro, acting chief finance officer Luke Gatimu and acting head of treasury Maurice Ochieng Okere.
The nine are accused of conspiring to commit fraud, leading to the loss of Sh213,327,300 at the county government between January 16, 2014 and January 25, 2016. They allegedly authorised payments to Ngurumani and Lodwar Wholesalers Ltd for services not rendered.
On May 4, a judge ruled that the trial of former governor proceeds to full trial.
High Court judge John Onyiego lifted the temporary orders he had issued suspending the proceedings at the lower court.
Kidero had appealed to the High Court after Ogoti rejected his plea to be tried separately. Ogoti, in a ruling delivered on March 25, dismissed Kidero’s application in which he claimed the graft charge was defective.
Kidero had sought to be charged separately, arguing that the 35 counts in the charge sheet were lumped together with the aim of embarrassing him. But the magistrate said that all the charges as preferred against Kidero met the threshold required in law.
(Edited by P. Wanambisi)
