• Lawyer says Kidero ambushed by DPP's office, which said it had a new charge sheet but did not provide it.
• Lawyer cites 'wanting behaviour' at ODPP, says it shouldn't blame Judiciary when prosecution causes cases to stall.
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Former Nairobi Governor Evans Kidero on Tuesday declined to plead afresh to charges of conspiring to defraud the county government of Sh58 million.
Earlier, he had pleaded not guilty.
His lawyer Julie Soweto said the prosecution is yet to serve them with the fresh charge sheet and there is a dire need for change at the Office of the Director of Public Prosecutions.
“Kidero should not be subjected to a fresh plea. We have not even seen the charge sheets. Ordinarily, the prosecution presents the defence with the charge sheets so we can know which position to take," the lawyer said.
Soweto criticised the DPP for their "wanting behaviour", saying they should not be blaming the Judiciary when cases stall, yet they are the ones to blame.
Other advocates also objected to the fresh charges, some on medical grounds and others on similar issues raised by Kidero.
Immediately after Soweto raised her objections, magistrate Douglas Ogoti asked prosecutor James Kihara, “Do you have a problem supplying the accused with documents as they come for plea?"
“No,” Kihara said.
“So how do we deal with this impending issue because we are being blamed for delaying this case because of the disclosure. Is there an issue with your office or the investigative agencies?”
“Your Honour, I have the charge sheets with me. The investigating officer can serve the accused persons right this minute so that the plea can proceed,” Kihara said.
After the prosecutor saw the court was not moving, he said he needed time to consult with his colleagues on the way forward.
Magistrate Ogoti directed that Kidero files relevant documents on his objection and the DPP files his response ahead of the next hearing date on February 17.
On December 4, Ogoti directed the prosecution to amend the charges facing Kidero and others in the Sh58 million case.
Ogoti, however, declined to consolidate Kidero’s file with that of Nyakach MP Joshua Aduma who was charged with corruptly authorising payment of Sh10 million to a law firm of a dead lawyer eight years ago.
The office of the DPP wanted the two cases consolidated and heard together, but the court said no.
Kidero is charged alongside former chief of staff George Wainaina Njogu, former Nairobi Mayor John Ndirangu Kariuki and former councillor Paul Mutunga Mutungi.
Aduma was charged with defrauding the Nairobi City Council of Sh10 million through fraudulent payments to Stephen Mburu (deceased) trading as Wachira, Mburu, Mwangi and Company Advocates. He has also denied the charges.
Kidero also faces another graft case in which he is accused of conspiring to commit fraud that led to the loss of Sh213 million at the county between January 16, 2014, and January 25, 2016.
Five other county officials and people associated with two companies are also charged.
All have denied a total of 35 counts. The case comes up on Monday.
(Edited by V. Graham)