Reprieve for Kidero after court suspends fraud case prosecution

Tuesday, July 14th, 2020 00:00 |
Former Nairobi Governor Evans Kidero. Photo/PD/FILE

Bernice Mbugua @BerniceMuhindi

Former Nairobi Governor Evans Kidero obtained a reprieve yesterday after the High Court suspended his prosecution in the Sh58 million fraud case.

Justice John Onyiego issued the temporary order pending the hearing and determination of an application filed by Kidero protesting the move to charge him afresh.

Claims dismissed

Kidero, George Wainaina, John Kariuki, Paul Mutungi, Manasseh Kepha, Philomena Nzuki and 10 others were to plead afresh yesterday after the trial court dismissed their objections.

Kidero had contended that the charges were defective but magistrate Douglas Ogoti dismissed their claims and directed them to appear in court to take a fresh plea.

The embattled former governor moved to the High Court claiming the trial court did not determine the question of the defective charges on merit or at all. “The trial court summarily dismissed the objection on the basis that it was incompetent and vexatious because an earlier objection made by first accused (Kidero) to an earlier ruling given by the same court,” claimed his lawyer Nelson Havi.

Kidero argued that the trial court erred by not deciding to resolve the objection fairly and impartially and through  the application of the law.

“The trial court demonstrated it was not fair or impartial by shutting its eyes to a new and legitimate grievance by the applicant on account of prior decisions it had already made on a separate issue,” he argued. The case will be heard inter partes on July 22.

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