Court declines to stop Kidero's prosecution in Sh 213 graft case

The High Court has declined to stop a Sh213 million corruption case against former Nairobi Governor Evans Kidero (pictured).

Kidero had applied to have the case in the lower court suspended pending determination of his appeal contesting the charges brought against him.

It was a big blow to the embattled Kidero when Justice John Onyiego lifted an order he had issued on May 2 suspending his trial.

“There are no compelling reasons to suspend the proceedings of the lower court pending the hearing and determination of an appeal before me,” said Onyiego.

He said his court lacked legal basis to suspend the trial because the suspect had not been convicted.

Kidero had complained of defective charges, an issue the judge said could be addressed at the magistrate's court.

Violating rights

Through lawyers James Orengo, Judy Soweto and Nelson Havi, Kidero argued the charge sheet was overloaded and that charging him with three counts is violation of his rights.

Kidero said he ought to have been charged separately.

He filed the suit at the High Court after trial magistrate Douglas Ogoti rejected his plea to be tried separately.

Ogoti had also rejected his application challenging charges he said were faulty, noting they met the threshold of law in criminal pleadings, procedure and practice.

The magistrate further said Kidero and his co-accused would suffer neither harm nor prejudice because of the manner in which the charges were drafted and presented.

Kidero and eight other people are accused of conspiring to commit fraud, leading to the loss of Sh213,327,300 at the county government between January 16, 2014 and January 25, 2016.

This was after they allegedly authorised payments to various companies for services that were not rendered. 

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