'AN ABUSE OF COURT'

Kidero wants court to quash Sh68 million graft case against him

Says he was not in the City Council of Nairobi when the facts of the charges arose.

Former Nairobi Governor Evans Kidero
Image by FILE
In Summary

• The former county chief claims the allegations arose in 2011 within the defunct City Council of Nairobi when he was not in the office. 

• He argues that he did not play any role and there is nothing to show or suggest that he played any role in the approval and subsequent payment of legal fees due to the firm.

Former Nairobi Governor Evans Kidero wants the High court to quash a suit filed against him by the Director of Public Prosecutions over alleged Sh68 million graft. 

Kidero was arraigned in April and charged with conspiring to defraud Nairobi county Sh68 million.

He was also charged with acquiring public property worth Sh14.4 million from  Steven Kariuki (deceased) trading as Wachira, Mburu, Mwangi and company advocates.

The former county chief has denied both charges.

Kidero claims the allegations against him arose in 2011 within the defunct City Council of Nairobi, the predecessor of the county government.

He says he was not in the City Council of Nairobi when the facts of the charges arose.

“It’s a fundamental point to note that all the said events took place before I was ever elected as the first governor of Nairobi county on March 4, 2013, and before I entered into or joined or took over the administration of the county government of Nairobi,” he says.

He adds, “It is absurd and unreasonable that I would be accused of conspiring to defraud the City Council of Nairobi at a time when I was not there nor did I work there.”

Court documents show that on January 7, 2014, Nairobi paid Sh58 million to Wachira Mburu and Company Advocates in settlement of outstanding legal fees. 

But Kidero says any outstanding legal fees due on account of a suit filed by Kyavee Holding Ltd was a liability of the City Council of Nairobi.

The Mburu firm was contracted in 2011 to defend Nairobi City Council against a double claim of land allocation worth Sh3.3 billion.

The case was dismissed and a bill of costs was raised of Sh131 million which the then City Council disputed as exorbitant.

Mburu then proceeded to court for taxation and it was decided that Sh29.8 million be paid as instruction fees and Sh29.3 million as party costs.

Kidero says he cannot reasonably or lawfully be accused of conspiring with Wachira Mburu Advocates in 2011 to raise a fee note for legal services.

He argues that he did not play any role in and there is nothing to show or suggest that he played any role in the approval and subsequent payment of legal fees due to the firm. 

“There is nothing linking or suggesting that I orchestrated, engineered or solicited the reason that gave rise to or led to the payment of Sh58 million to Wachira Mburu and Company Advocates.

“There’s also no legal foundation or circumstantial evidence to justify the allegation that I received Sh14.4 million from Steven Mburu trading as Wachira Mburu and company advocates,” he says.

Kidero argues that the criminal case and the proceedings are an abuse of the court process and that the anti-graft agency and the DPP are using the system for ulterior motives and to achieve extraneous purposes.

The politician wants the court to stay the proceedings in the anti-corruption court in relation to the Sh68 million.

Also sought is an order for court to declare that the institution, maintenance and conduct of the criminal case is unconstitutional and an abuse of process.