Former Nairobi Governor Evans Kidero and nine others have challenged the admissibility of bank statements relied on by the prosecution in the Sh213 million graft case.
Kidero through lawyer James Orengo told anti-corruption magistrate Douglas Ogoti the bank statements won’t qualify as evidence because they have not been certified.
"There should be no reference to the bank statements as the law as stipulated in Section 65 (8) of the evidence Act was not followed. For evidence under Section 65 to be considered the document must be identified and a description given in the manner in which it was procured," he said.
Section 65 (8) of the Evidence Act states that “in any proceedings under this Act where it is desired to give a computer printout or statement in evidence, a certificate identifying a document containing a printout or statement and describing the manner in which it was procured shall be admissible in evidence."
In response, assistant DPP Joseph Riungu told the court that they have fully complied with the requirements under the Evidence Act.
He opposed the objection by the defense that their witness be stopped from identifying the bank statements.
“The upshot of the objection is that we have complied with section 65 (8) of the Evidence Act and also the other section relating to admissibility of printouts from electronic devices. The objection has no merit and should be struck out,” he said.
The issue of the statement arose after a witness from Equity Bank told the court that they served the Ethics and Anti-Corruption Commission with the certified copies of an account belonging to the Nairobi City County.
The account for January 2014 to December 2015 was being investigated by the commission.
Lijondo Kihima, who is currently the bank's legal officer, said the signatories of the account were Jimmy Kiamba, Lillian degwa and Philomena Nzuki.
Ogoti will deliver his ruling on Thursday.
Kidero and the others 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 authorized payments to Ngurumani and Lodwar Wholesalers Ltd for services not rendered.
