Former Nairobi Governor Evans Kidero is indeed guilty of all charges aginst him.This was according to Chief Magistrate Douglas Ogoti who ruled that all the offences against the former governor meet the threshold of the law in criminal procedure.
According to Magistrate Ogoti, “There were no good reasons that were placed before me to enable me to interfere with them.”
Kidero who is facing Sh213 million corruption charges filed a claim that his charge sheet had been interfered with.
Douglas Ogoti ruled that all the charges preferred against Kidero meet the threshold of the law in criminal procedure.
“There were no good reasons that were placed before me to enable me to interfere with them,” he said.
Through his lawyer James Orengo, he argued that count one relates to an offence that does not exist in law. He also said the particulars in the charge sheet did not disclose an offence.
Through his lawyer James Orengo, Kidero argued that count one relates to an offence that does not exist in law. He also said the particulars in the charge sheet did not disclose an offence.
Ogoti concluded that the charge sheet was not defective but disclosed a complete offence.
In addition he found no good reasons to order for separate trials as requested by Kidero.
Kidero further claimed the term fraud is not defined in the Anti-Corruption and Economics Crimes Act (ACECA) whereas the term corruption is defined.
But according to Ogoti, “The term fraud is well defined in our law and lack of its specific definition in ACECA cannot and does not vitiate a charge of corruption.”
The court also dismissed an application by Kidero’s co-accused John Githua and Grace Njeri of Lodwar Wholesalers and Ngurumani Traders Limited who challenged their prosecution on grounds that there was a tax dispute pending at the Tax Appeal Tribunal (TAT) which was initiated before the decision to have them charge
But Ogoti said the court has jurisdiction to hear matters concerning tax in their criminal aspect.
The case will now proceed to full hearing beginning May 6.