Judge declines to dismiss fraud charges against accountants in Kidero case

The High Court has refused to terminate fraud charges against four Nairobi County accountants, who claimed that their prosecution was a violation of their rights.

The four have been charged together with former Nairobi Governor Evans Kidero and 10 others with irregular payment of Sh68 million to a law firm.

Principal accountant Philomena Kavinya Nzuki, Elizabeth Wanjiru Nderitu, Alice Njeri Mundia and Ekaya Alumasi had challenged their prosecution, arguing that Ethics and Anti-Corruption Commission, which investigated the irregular payment, did not make adverse findings against them.

They argued that it was wrong for the Director of Public Prosecutions (DPP) to charge them with conspiracy to defraud City Hall.

Justice Mumbi Ngugi dismissed the case saying the DPP has the constitutional mandate to determine who to prosecute, regardless of the recommendations the EACC made.

“He has the mandate to review the evidence presented and should he not agree with the decision of the investigators with respect to who should be prosecuted, act accordingly,” she said.

The four accountants said their work involved processing and approving payments on behalf of the county government.

They said once the legal department approved the payment, the fees became due.

They said the quantum has never been challenged in court.

The accused added that by the time the fees were approved and initial payment of Sh10 million made to the law firm of Wachira Mburu, Mwangi & Co Advocates, none of them was working in the accounts department.