Dr Kidero sought to quash the case arguing that it was brought by Ethics and Anti-Corruption Commission to embarrass him, as he was facing criminal charges over the same money before a magistrate court.
Justice Esther Maina dismissed the case saying he was not persuaded that the suit was an abuse of the court process.
Former Nairobi Governor Evans Kidero has failed in his bid to stop a case seeking to recover Sh14.4 million from him arising from millions said to have been stolen from City Hall in 2014.
Dr Kidero sought to quash the case arguing that it was brought by Ethics and Anti-Corruption Commission to embarrass him, as he was facing criminal charges over the same money before a magistrate court.
He further said there is nothing linking the money to City Hall and that the amount was from the sale of a Toyota Lexus to a company identified as Cups Ltd.
Justice Esther Maina, however, dismissed the case saying he was not persuaded that the suit was an abuse of the court process. “I am therefore unable to find that this case is an abuse of the court process or it is the public interest to stay or strike it out,” the judge said.
His lawyer, senior counsel Tom Ojienda had argued that there was nothing linking him to the money allegedly paid out to a law firm, before it was shared among former senior officials at City Hall.
He said the anti-graft body was subjecting Dr Kidero to double punishment by bringing civil and criminal cases against him.
“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 Dr Kidero,” Prof Ojienda argued.
EACC filed the 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 body says part of the money was used to pay a contractor of Gem Apartment, which is owned by Dr Kidero.
