The court has discharged three suspects charged alongside former Nairobi governor Evans Kidero in a case they have been accused of conspiring to steal Sh58 million from the county.
Anti-corruption magistrate Felix Kombo withdrew the charges against Manasseh Karanja (deputy director Internal Audit), Peterson Njeru and Charity Ndiritu, both accountants.
Kombo also discharged the securities they had placed in court for that case.
The three will now be tried in another case before magistrate Victor Wakumile involving Nyakach MP Joshua Aduma who has been charged with conspiring to defraud the Nairobi City county of Sh10 million three years ago.
The corruption charge arises out of work he did for the defunct city council of Nairobi as director of legal services.
It is alleged that he conferred a benefit of Sh10 million paid in legal fees to Stephen Mburu (deceased), a partner with the law firm which represented City Hall in a case.
The law firm, according to the charge sheet, is Wachira, Mburu, Mwangi and Company Advocates.
The offence is said to have been committed between 3 and 10 of June 2011.
The prosecution wanted the two matters consolidated and heard together but this request was declined by magistrate Douglas Ogoti in 2019.
“The prosecution should prepare and present new charge sheets at the next mention for taking of plea," the magistrate said.
"A careful analysis of the both files showed that both 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)."
On Wednesday, prosecutor James Kihara sought leave to amend the charge sheet following the directions given by Ogoti. The trial has never started.
“We can’t proceed with this case unless we amend the charges. That's why we removed some accused persons here and took them before magistrate Wakumile ,” Kihara said.
Kombo gave the prosecution a week to file its amended charge sheet.
The case will be mentioned on October 14 at 10am.
(Edited by Tabnacha O)
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