- Kidero argues the criminal case is an abuse of the court process
- Accuses Ethics and Anti-Corruption Commission and the DPP of ulterior motives
Image: FILE
The Director of Public Prosecutions has three days to file a response in a case in which former Nairobi Governor Evans Kidero is challenging his prosecution over Sh68 million fraud.
The case was to proceed yesterday but was adjourned to allow the DPP to file a response. The matter will proceed on December 11.
Kidero argues the criminal case is an abuse of the court process. He accuses the Ethics and Anti-Corruption Commission and the DPP of ulterior motives. He wants the charges instituted against him quashed.
Kidero was in April charged with conspiring to defraud Nairobi county of Sh58 million. He faced another charge of acquiring public property worth Sh14.4 million from one Steven Kariuki (deceased) trading as Wachira, Mburu, Mwangi and
Company Advocates. He has denied the charges.
The former county chief now claims the allegations arose in 2011 within the defunct City council of Nairobi, the predecessor of the county government. He says he was not at City Hall then when the alleged fraud happened.
“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 in the general election held 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 that, “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.”
According to court documents, on January 7, 2014, the county government of 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 Limited was a liability of the City Council of Nairobi.
The law firm was contracted in 2011 to defend Nairobi City Council against a double claim of land allocation worth Sh3.3 billion. The case was later dismissed and a bill of costs was raised of Sh131 million, which the then city council disputed as exorbitant. The firm 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 the law firm in 2011 to raise a fee note for legal services. 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.