RULING ON NOVEMBER 18

Kidero asks court to dismiss EACC case to recover Sh14m from him

Says the application by the anti-graft agency to recover money is an abuse of the court process

In Summary

• Through senior counsel Tom Ojienda, the court heard there was nothing linking Kidero to the money allegedly paid out to a law firm before it was shared among former senior officials at City Hall.

• However, the anti-graft agency asked the court to allow the case to proceed with the recovery process.

Former Nairobi Governor Evans Kidero
Former Nairobi Governor Evans Kidero
Image: FILE

The High Court will on November 18 rule on whether it will strike out a case by the anti-graft agency seeking to recover Sh14.4 million from former Nairobi Governor Evans Kidero.

The money was allegedly paid to him from funds said to have been stolen from City Hall.

Justice Esther Maina scheduled the date after hearing from both parties yesterday. 

Kidero yesterday told the court that the application by the Ethics and Anti-Corruption Commission to recover money that does not exist is an abuse of the court process.

Through senior counsel Tom Ojienda, the court heard there was nothing linking Kidero to the money allegedly paid out to a law firm before it was shared among former senior officials at City Hall.

“The alleged recovery is intended to defeat the ongoing trial before a magistrate. No criminal determination or culpability has been made by the trial court, ascribing any form of liability against Kidero,” Ojienda argued.

EACC filed a case seeking to recover Sh68 million allegedly stolen through a scheme orchestrated to defraud the county government for payment of fees in a case filed by a ghost company against City Hall.

The anti-graft agency says part of the money was used to pay a contractor of Gem Apartment, which is owned by Kidero.

The EACC wants Kidero and others named in the case ordered to return the money. It argues the payments were a scheme to siphon funds from the county government.

But Kidero objected, saying he could not have been involved in the payment because he was not yet the Nairobi governor.

However, the anti-graft agency, through Viola Ocharo, asked the court to dismiss the application and allow the case to proceed with the recovery process.

Edited by A.N