SH58M GRAFT CASE

Court to determine Kidero case on defective charge sheet

Former Nairobi governor declined to plead to fresh charges and moved to the High Court

In Summary

• Kidero has asked the judge to set aside orders of Magistrate Douglas Ogoti, who directed the DPP to present and prepare new charge sheets against him and his co-accused.

• The former county chief claims that Ogoti unlawfully and illegally assumed powers to direct the office of the DPP on how to exercise its mandate.

Former Nairobi Governor Evans Kidero is taken to EACC offices following his arrest on August 8, 2018.
'IRREGULAR TENDER AWARD': Former Nairobi Governor Evans Kidero is taken to EACC offices following his arrest on August 8, 2018.
Image: COURTESY

An anti-corruption court will in January determine whether to quash orders of a lower court requiring former Nairobi Governor Evans Kidero to plead to fresh charges of conspiracy to defraud the county of Sh58 million.

Justice James Wakiaga said the ruling will be delivered on January 28 after parties made their final submissions on Thursday.

Kidero has asked the judge to set aside orders of Magistrate Douglas Ogoti, who directed the Director of Public Prosecutions (DPP) to present and prepare new charge sheets against him and his co-accused.

 

The former county chief claims that Ogoti unlawfully and illegally assumed powers to direct the office of the DPP on how to exercise its mandate.

“I am dissatisfied with the decision of the trial court to the extent that the directions issued exceed the powers of the court on the matter that was before it for determination,” he said.

But prosecution counsel James Kihara said the issues being raised by Kidero have already been determined by another judge.

“The issues he has raised are the same he raised in another revision that was handled by Justice Mumbi Ngugi. You are being asked to look at issues that have already been dispensed with,” Kihara said.

Kihara asked the court to decline the prayers sought so they can commence and expeditiously conclude the trial.

On December 4 last year, Ogoti issued a ruling directing the prosecution to amend the charges facing Kidero and others in the Sh58 million case. 

“Prepare and present new charge sheets at the next mention for taking plea afresh,” Ogoti said.

 

Dissatisfied by the decision, Kidero sought a review at the High Court. 

Ogoti at the same time declined to consolidate Kidero’s file with that of Nyakach MP Joshua Aduma Owuor who was charged with corruptly authorising payment of Sh10 million to a law firm of a dead lawyer eight years ago.

Ogoti said a careful analysis of both files showed they have charges of conspiracy to commit an offence of corruption and in both charge sheets, it’s evident that there were two transactions and the only common denominator being lawyer Stephen Kariuki Mburu (deceased).

The DPP wanted the two cases consolidated and heard together.  The prosecution argued that witnesses and exhibits to be relied on in both cases were the same and that in the two cases offences were committed in the same transaction. They argued that the offences could be different but transactions are the same hence the case should be consolidated. This application was however disallowed.  

In the case, Kidero was charged alongside former chief of staff George Wainaina Njogu, John Ndirangu Kariuki and former councillor Paul Mutunga Mutungi.

Owuor, on the other hand, was charged with defrauding the city council of Nairobi Sh10 million through fraudulent payment to Stephen Mburu (deceased) trading as Wachira, Mburu, Mwangi and Company Advocates.