Economy

Kidero suffers setback after court rejects bid to expunge evidence

kidero

Dr Evans Kidero. FILE PHOTO | NMG

A magistrate in the graft trial against Evans Kidero and eight others Thursday declined to stop the case to allow the former Nairobi governor to file documents in a bid to expunge from the court record, evidence one of the witnesses had tendered.

Chief magistrate Douglas Ogoti said he had made his ruling on the matter and Dr Kidero and others should appeal if they were not satisfied with the decision.

The magistrate had on Monday ruled that the prosecution should not rely on statements obtained from Co-operative Bank, showing how money was moved from City Hall to accounts belonging to Ngurumani Traders and Lodwar Wholesalers. Mr Ogoti, however, declined to expunge evidence by former Co-operative Bank employee Charity William.

Yesterday, Mr Kidero through Senior Counsel Tom Ojienda and lawyer Philip Nyachoti for former chief finance officer Jimmy Kiamba urged the court to give them time to explain why the evidence should be expunged.

Director of Public Prosecutions Noordin Haji, through Joseph Gitonga, said he had filed a review of the decision before the High Court.

In the ruling, Mr Ogoti said allowing the prayer by the defence team would be tantamount to sitting in his own decision, as an appeal court.

He said the parties should appeal against the decision if they were not satisfied with the ruling.

The former Nairobi county boss has been charged together with former chief officers in his administration over the alleged loss of Sh213 million.

Others are former county secretary Lilian Ndegwa, ex-Finance officer Kiamba, former Finance and Planning Executive Gregory Mwakanongo, former accounting head Stephen Ogago Osiro, former acting chief finance officer Luke Mugo and former acting head of Treasury Maurice Ochieng Okere.

John Githua and Grace Njeri of Lodwar Wholesalers Ltd and Ngurumani Traders Ltd are accused of fraudulently receiving payments from the county government. They have denied a total of 35 counts.

The trial will resume on September 23.