Kidero wants CJ Maraga to intervene in Sh38 million graft case

Former Nairobi Governor Evans Kidero wants a petition he filed last month challenging the criminal proceedings instituted against him in the Sh68 million graft case referred to chief Justice David Maraga.

In a fresh application, Kidero through his lawyer Nelson Havi says the petition raises substantial questions of law and should be heard by an uneven number of judges being not less than three.

He wants the Chief Justice to impanel a bench and determine the matter.

The Sh68 million graft case is currently at the pre-trial stage.

The pretrial conferences have been held on 4 June, 27 June and August 7 2019.

Kidero said the Director of Public Prosecutions Noordin Haji had in August filed a petition seeking to consolidate his case with that of Aduma Jushua Owuor.

He said the motion for the consolidation of the cases has been fixed for hearing on October, 16.

"Unless this application is urgently fixed for hearing and determination, the case will commence and the same determined before determination of the issues I have raised," he said.

Kidero said he challenged the institution of the frictional charges on grounds that they are unreasonable and irrational.

"The institution of these charges in the Sh68 mullion graft case reek of malice, abuse of power and oppressiveness, " he said.

Kidero had last month filed a petition challenging the case against him in which he is co-accused with 15 others.

The ex-governor is accused of conspiracy to swindle public funds.

Kidero was ordered to pay Sh8 million bail or an alternative bond of Sh20 million to secure his release from custody.

He has since denied improperly receiving Sh14 million in a Sh68 million corruption case.

Kidero, Nairobi governor from 2013 to 2017, said the Sh14 million that he received from lawyer Stephen Kariuki Mburu was for the sale of his high-end Toyota Lexus vehicle.

Mburu died mysteriously in a guest house in Oloitokitok on July 27, 2018.

According to the EACC, on January 7, 2014, Nairobi County made suspicious payments amounting to Sh58 million to Mburu, through his law firm Wachira Mburu Mwangi and Company Advocates.

However, Kidero says that this payment to the lawyer was the result of a court order made in 2011 before he became governor.

Mburu 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,” Kidero argues.