Court to rule on Sh58m Kidero plea next year
The High Court will next year decide whether it will quash orders of a lower court requiring former Nairobi Governor Evans Kidero to plead to fresh charges of conspiring to defraud the county of Sh58 million.
Justice James Wakiaga of the Anti-corruption Division set January 28, as the ruling date after parties made their final submissions in the case.
Kidero has asked the judge to set aside orders of trial magistrate Douglas Ogoti who directed the Director of Public Prosecutions to present and prepare new charge sheets against Kidero and his co-accused.
The former county chief argues that Ogoti unlawfully and illegally assumed to himself powers to direct 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,” said the former county chief.
The DPP through James Kihara urged the judge to dismiss the application and asked the court to decline the prayers sought so that they can commence and expeditiously conclude the trial.
He added that 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,” said Kihara
On December 4, Ogoti issued a ruling directing the prosecution to amend the charges facing Kidero and others in the Sh58 million case.
Kidero being dissatisfied filed a review at the High court. “Prepare and present new charge sheets at the next mention for taking plea afresh,” said Ogoti.
Ogoti at the same time declined to consolidate Kidero’s file with that of Nyakach MP Joshua Aduma who was charged with corruptly authorizing payment of Sh10 million to a law firm of a dead lawyer eight years ago.